HomeMy WebLinkAbout03-21-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, March 21, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Kent Samples, Birmingham Baptist Church, Alpharetta, Georgia.
CALL TO ORDER
Nick Turner, Birmingham Falls Elementary School student, will be joining our Council Meeting
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. 11-051)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the March 7, 2011 Regular Minutes.
(Agenda Item No. 11-052)
(Sudie Gordon, City Clerk)
2. Approval of an Intergovernmental Agreement between the City of Milton and Fulton
County Board of Education for the Use of Birmingham Falls Elementary School.
(Agenda Item No. 11- 053)
(Cyndee Bonacci, Parks and Recreation Director)
3. Approval of an Intergovernmental Agreement between the City of Milton and Fulton
County Board of Education for the Development and use of a 2-acre Park Located
between Crabapple Crossing Elementary School and Northwestern Middle School.
(Agenda Item No. 11-054)
(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 MARCH 21, 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 for the Execution of a Contract between ADP and the City of Milton for the
Installation, Implementation and Recurring Monthly Fees for A Human Resources
Information System (HRIS).
(Agenda Item No. 11-055)
(Sam Trager, Human Resources Director)
5. Approval for the Execution of a Memorandum of Understanding/Agreement regarding
State Use of Homeland Security Grant Funding on Behalf of Certain Local Units of
Government among State of Georgia, Georgia Emergency Management Agency
(GEMA), Georgia Bureau of Investigation (GBI).
(Agenda Item No. 11- 056)
(Deborah Harrell, chief of Police)
6) REPORTS AND PRESENTATIONS
1. Presentation of Plaque for the Certificate of Achievement for Excellence in Financial
Reporting for FY 2009 Comprehensive Annual Financial Report.
(Presented by Joe Lockwood, Mayor)
2. Presentation of Certificate for the Award of Financial Reporting Achievement for FY
2009 Comprehensive Annual Financial Report.
(Presented by Joe Lockwood, Mayor)
7) FIRST PRESENTATION (None)
8) PUBLIC HEARING (None)
9) ZONING AGENDA
1. RZ11-01- To Adopt the Corrected City of Milton Zoning Map as indicated on the
January 1, 2011 as Shown on “Current Zoning Map Dated January 2011”.
(Agenda Item No. 11-045)
(First Presentation on March 7, 2011)
(Lynn Tully, Community Development Director)
10) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 21, 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. Approval of a Revised Intergovernmental Agreement between the City of Milton and
Fulton County Board of Education for the use of Cogburn Woods Elementary School.
(Agenda Item No. 11-057)
(Cyndee Bonacci, parks and Recreation Director)
2. Approval of a Revised Intergovernmental Agreement between the City of Milton and
Fulton County Board of Education for the use of Hopewell Middle School.
(Agenda Item No. 11- 058)
(Cyndee Bonacci, parks and Recreation Director)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS (None)
14) EXECUTIVE SESSION (None)
15) ADJOURNMENT
(Agenda Item No. 11- 059)
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: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: March 9, 2011
Meeting Date: March 21, 2011
Agenda Item: Approval of a Intergovernmental Agreement between the City of Milton and
Fulton County Board of Education for the Use of Birmingham Falls Elementary School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Due to the lack of parks and recreation facilities currently
available in Milton, the City has elected to enter into agreements with Fulton County Board of
Education for the use of facilities at various schools here in Milton.
Discussion:
We began discussions with FCBE regarding the use of various schools last June. They have been
through a long process of consolidating and simplifying their IGA process with several cities
throughout Fulton County. Due to this revamping, it has taken several months to reach the
point of a finalized template for IGAs between the City of Milton and FCBE. We have now
reached a mutually agreed upon template and will begin with IGAs for the use of three schools
including Birmingham Falls Elementary School.
The standard IGA will be for a term of five years with the City agreeing to make certain
improvements, most in year one, and maintaining spaces at the schools. Through these
agreements we will be able to secure field space for current and future programs as well as have
access to indoor space for select programs.
A Facility Use Agreement was approved by Mayor and Council on February 23, 2011 regarding
Birmingham Falls Elementary School. This IGA will replace that Facility Use Agreement.
Attachments:
An Intergovernmental Agreement between the City of Milton and Fulton County Board of
Education for the Use of Birmingham Falls Elementary School
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean • Catherine Maddox
Linda McCain • Katie Reeves
Cindy Loe, Ph.D., Superintendent
Land Management
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-669-8983 • www.fultonschools.org
Birmingham Falls Elementary School
INTERGOVERNMENTAL AGREEMENT
THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day
of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “City”) and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “FCBE”).
Background Information
A. FCBE owns certain real property located at 14865 Birmingham Highway, Milton,
Georgia, 30004 (the “Elementary School Property”), on which Birmingham Falls
Elementary School (the “Elementary School”) is located. The Elementary School
Property is hereinafter referred to as the “School Property.” The Elementary School
is also referred to herein as a “School.”
B. The Playing Field (exterior School Facilities) and Gymnasium and Cafeteria (interior
School Facilities) (the “Elementary School Facilities”) are located on the Elementary
School Property. The Elementary School Facilities hereinafter referred to as the
“School Facilities,” as identified on Exhibit A.1 and A.2.
C. FCBE and City desire to enter into this Agreement to provide for the joint use of the
School Facilities by FCBE and City.
Agreement
Now, therefore, in consideration of the premises and mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and FCBE hereby agree as follows:
1. Use of School Facilities by City. FCBE hereby grants the City the right to use the
School Facilities on the following terms and conditions:
a. FCBE expressly reserves priority to use the interior School Facilities for school
activities, including extracurricular activities, from 7:00 a.m. until 6:30 p.m., Monday
through Friday, during each Academic Year and FCBE reserves priority to use the
exterior School Facilities for school activities, including extracurricular activities, from
7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year and
during the Term of the Agreement. FCBE and City expressly agree that during such
times, the School Facilities may be used for the activities of any Fulton County School.
As used herein, the term “Academic Year” shall be defined by FCBE on an annual basis
as requested.
b. City shall have no right to use the School Facilities during Regular School Hours
unless the principal (the “Principal”) of the School on which such School Facilities are
located or his or her designee consents to such use in such Principal’s sole and absolute
discretion. As used herein, the term “Regular School Hours” shall mean the periods
from 7:00 a.m. through 3:00 p.m., Monday through Friday, throughout each Academic
Year during the Term of the Agreement.
c. City may request the use of the interior School Facilities after Regular School Hours
when FCBE has priority to use such interior School Facilities (i.e., from 3:00 p.m. until
6:30 p.m., Monday through Friday, throughout each Academic Year during the Term of
the Agreement) by notifying the Principal of the School on which such School Facilities
are located in writing not less than one week prior to the date City desires to use such
School Facilities. Such Principal shall use reasonable efforts to accommodate such
request.
City may request the use of the exterior School Facilities after Regular School Hours
when FCBE has priority to use such exterior School Facilities (i.e., from 3:00 p.m. until
5:30 p.m. Monday through Friday, throughout each Academic Year during the Term of
the Agreement) by notifying the Principal of the School on which such School Facilities
are located in writing not less than one week prior to the date City desires to use such
School Facilities. Such Principal shall use reasonable efforts to accommodate such
request.
d. During each Academic Year, City shall have first priority use of the exterior School
Facilities Monday through Friday from 5:30 p.m. until dark and from 6:30 p.m. until
9:00 p.m. for the interior School Facilities. The City shall have first priority use of the
School Facilities Saturdays from 9:00 a.m. until 5:00 p.m., and Sundays from 12:00 p.m.
until 5:00 p.m. City shall also have first priority use of the School Facilities during the
Non-Academic Year, defined as the time between the end of each Academic Year and
the beginning of the next Academic Year. Notwithstanding, the City acknowledges as a
result of or due to any emergency, evacuation and/or any other unexpected event,
activity and/or occurrence, the Principal shall have first priority superseding any
scheduled or non-scheduled City or third party activity and or event during either the
Academic school year or Non-academic School Year. The times for use of the School
Facilities during the Non-Academic Year shall be the same as times for use during the
Academic Year. The City may request additional time for the use of the School Facilities
during the Non-Academic Year through the School’s Principal. The Principal shall use
reasonable efforts to accommodate such request. The City may enter onto the Playing
Field thirty minutes prior for setup.
The City may request to use a classroom for a summer camp during the Non Academic
Year for a period of time which shall be mutually agreed upon by both the Principal and
the City. The City will pay the rental charge on an hourly basis pursuant to the Facility
Use Fee Schedule referenced in Exhibit C.
Notwithstanding, City acknowledges that the Principal may schedule special events to
be held during the Academic Year and Non-Academic Year while City has first priority
use, whereas City will accommodate such scheduled events as long as proper notice of
30 days is given by the Principal to the City.
FCBE and the City shall determine a mutually agreed upon period of rest for the Playing
Field for a period of no less than thirty (30) consecutive days during the Non-Academic
Year in order to maintain the quality of the turf.
e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School
Facilities during times when City has first priority to use such School Facilities as
described above by notifying City in writing not less than one week prior to the date
FCBE desires such School Facilities. City shall use reasonable efforts to accommodate
such requests. FCBE and City expressly agree that during such times, the School
Facilities may be used for the activities of any Fulton County School.
f. City and FCBE acknowledge that non-City sponsored groups may, from time to time,
request the use of the School Facilities or have the right to request the use of the School
Facilities. Such groups may be permitted to use the School Facilities provided that (a)
such groups qualify, in FCBE’s or its representative’s sole discretion, to use the School
Facilities under FCBE’s policy governing use of School Facilities; (b) both FCBE and
City deem the proposed activity to be an appropriate use of the School Facilities; (c) the
use does not interfere in any way with the conduct of school activities, including but not
limited to, after-school athletic and other extracurricular activities of whatever nature of
any Fulton County School; (d) the use does not interfere in any way with the conduct of
City’s recreational activities; (e) the activity does not conflict with any previously
scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order
to maintain the quality of any turf located on any of the School Facilities, and (g) such
non-City sponsored groups agree in writing to the following: (g.1.) provide supervisory
and security personnel to properly maintain the order and discipline when the School
Facilities are being used by such groups; (g.2.) vacate the School Facilities and remove
refuse promptly after each practice, game or other activity thereon; (g.3.) if applicable,
secure and lock the School Facilities upon the completion of each practice, game or
other activity thereon; (g.4.) maintain the exterior or interior School Facilities during the
period of use; and (g.5.) pay the required “usage” fees, if any, as referenced in Exhibit C.
When non-City sponsored groups request the use of the School Facilities during the
times when City has the first priority to use the School Facilities, City will use reasonable
efforts to accommodate such requests and will be responsible for scheduling such
activities, and City will promptly notify the Principal of the School on which such activities
will occur of each such request. The Principal will coordinate such scheduling when
non-City sponsored groups request to use the School Facilities during all times when
City does not have the exclusive right to use the School Facilities. The principal shall
use reasonable efforts to accommodate such request.
g. City shall (i) provide adequate supervisory and security personnel at each activity to
properly maintain order and discipline when the School Facilities are being used by City;
(ii) vacate the School Facilities and remove refuse promptly after each practice, game or
other activity thereon; (iii) if applicable, secure and lock the School Facilities upon
completion of each practice, game or other activity thereon; (iv) return School Facilities
to original condition prior to its use; (v) City shall place trash cans and recycling bins on
the exterior School Facilities where Principal deems appropriate; and (vi) City shall place
porta potties on exterior School Facilities where Principal deems appropriate.
h. City shall keep all motorized vehicles off grassed areas and public parking shall be
limited to designated areas only as directed by the Principal.
i. City’s use of the School Facilities is expressly subject to and conditional upon
City’s compliance with Fulton County Board of Education Policy KG and Procedure
KG, which Policy and Procedure are hereby incorporated into this Agreement as
referenced in Exhibit D. In the event of any conflict between the terms of this
Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control.
j. No food or drink with the exception of water shall be allowed in the interior School
Facilities.
2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of
April, 2011, and ending on the 31st day of March, 2016, provided that the Board of
Education may cancel this agreement if City fails to timely remedy any non-compliance
with this Agreement within thirty days of written notice of FCBE’s intention to cancel the
Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this
Agreement. Following expiration of the Lease, all permanent improvements made by
the City will remain the property of FCBE.
The Intergovernmental Agreement shall not automatically renew. However, the City may
notify FCBE at least ninety (90) days prior to the expiration of the term to request that
the Intergovernmental Agreement be renewed for an additional five (5) year term. The
Intergovernmental Agreement will only renew upon the written agreement of FCBE,
which shall be in FCBE’s sole discretion.
3. Consideration and Expenses. The parties agree that the mutual use of the School
Facilities by the parties is the consideration for the entry into this Agreement by both
parties and that no rent shall be payable for the use of the exterior School Facilities by
either FCBE or City. Notwithstanding the foregoing, the City agrees that it shall make the
initial improvements as described in Exhibit B. The said initial improvements shall be
made by the City within the first year of the initial term, more specifically during the
period recognized as the Non-Academic Year and the said initial improvements shall be
completed prior to the next Academic year; however, rent shall be payable by the City
for the use of the interior School Facilities.
The City shall pay for all usage fees associated for the use of any interior School
Facilities. The usage fees shall be assessed on the basis of the Facility Use fee
schedule, as referenced in Exhibit C. The City acknowledges from time to time on a
periodic basis FCBE may change the Facility Use fee schedule which the City will abide
to such changes.
In addition, if FCBE incurs direct costs or expenses (other than maintenance costs,
which shall be governed by Section 5 below) solely as a result of the use of FCBE’s
School Facilities by the City (not including maintenance or utility expenses resulting from
the reasonable use of such School Facilities) upon FCBE being made aware of such
costs or expenses, FCBE shall notify the City of such costs or expense prior to the City’s
continued use of such School Facilities, and the City shall be required to reimburse
FCBE for such costs or expenses within thirty (30) days of the request.
4. Maintenance of School Facilities.
a. In addition to the obligations contained in subsection 1.g. above, during the
Academic Year, each party shall, at such party’s expense, maintain the School Facilities
in good condition and repair in relation to each party’s use of the School Facilities,
including without limitation the provision of routine custodial services and landscape
maintenance services and the repair and replacement of all equipment and
improvements located on the School Facilities.
City agrees that it will maintain and repair the irrigation systems for the Playing Field at
its own cost, which repairs and maintenance shall conform to FCBE specifications for
such irrigation systems, and agrees to keep them in good working order and in
compliance with all local codes. In addition, City shall pay for all water used for the
irrigation systems for the Playing Field during the term of this Agreement and any
renewal terms. If City shall tap into FCBE water line, City shall provide written notice of
such tap and connection to FCBE prior to making tap and connection. Such payment
shall be due within 60 days of receipt of invoice based upon an estimate of annual water
costs to be provided by FCBE or its designee with a final accounting (and payment or
refund) once the actual cost has been determined.
Periodic inspections may be performed by FCBE or its agents or employees of the field
improvements and/or field conditions. Any problems (and origin thereof, if identifiable)
are to be reported to the offices of the FCBE. FCBE shall provide notice to the City to
make the appropriate repairs and / or corrections to the field.
City shall maintain, at City’s sole expense, the Playing Field in a good and safe
condition. Maintenance shall include, but not be limited to, mowing the field on a routine
basis, fertilizing, re-seeding, and making such improvements as may be necessary or
reasonably requested by FCBE subject to those conditions noted in Paragraph 2.
As used herein, the term “routine custodial services” shall include without limitation, the
collection of litter and debris from the School Facilities; following each use, removal of
the contents of City’s furnished trash receptacles and recycling bins; and following each
use, removal of hazardous items from areas utilized or accessible to staff, students, or
visitors. The City shall maintain an adequate level of sanitary supplies as mutually
agreed upon by the City and Principal.
b. Notwithstanding the terms of subsection 4.a. above, during the Term of the
Agreement, the City shall maintain the exterior School Facilities during the period of the
Non-Academic Year. The City shall also maintain the interior School Facilities, in
relation to its use of such School Facilities, during the Non-Academic Year.
c. City shall have no right to construct any improvements on the School Facilities
owned by FCBE without FCBE’s consent which consent may be withheld in FCBE’s sole
discretion. During the Term, the City shall not demolish any of the School Facilities
located on FCBE’s property without the consent of FCBE hereto, which consent shall not
be unreasonably withheld, conditioned or delayed.
5. Utilities. The City shall pay all water and electricity charges for the maintenance of the
exterior School Facilities. FCBE shall pay all water and electricity charges for the interior
School Facilities.
6. Insurance. The City shall maintain a minimum of $1 million commercial general liability
(including bodily injury, property damage and fire legal liability) insurance with a $2
million general aggregate and shall maintain a minimum of $1 million automobile liability
insurance (CSL) and provide statutory Workers Compensation coverage with a minimum
Employers Liability of $100,000 per accident, $500,000 policy limit. Any third party using
the School Facilities with the express, written consent of the City shall maintain
commercial general liability (including bodily injury and property damage) and
automobile liability insurance coverage, with minimum policy limit of $1 million per
occurrence (CSL), and name FCBE and City as additional insureds. Any third party
performing building, construction, or public improvement projects on the School Facilities
with the express written consent of FCBE shall be required to maintain a minimum of $2
million commercial general liability (including bodily injury and property damage)
insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL)
naming both FBCE and City as additional insureds and provide statutory Workers
Compensation coverage with a minimum Employers Liability of $100,000 per accident,
$500,000 policy limit. Any third party performing building, construction or public
improvement projects on the School Facilities shall submit proof of insurance by
submitting a certificate of insurance prior to performing such work.
7. Liability. City shall be responsible for the acts and omissions of City and its agents,
contractors or employees. FCBE shall be responsible for the acts and omissions of
FCBE and its agents, contractors, or employees. Any third party using the School
Facilities shall be required to defend, indemnify and hold harmless FCBE and City and
their agents and employees against all costs, damages, or claims, whether for personal
injury
or property damage, arising out of any act or omission of such third party in connection
with its use of the School Facilities.
8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of
the Agreement by a casualty loss, FCBE may elect to rebuild or restore same to such
School Facilities. If such damage or destruction is due to the acts or omission while in
City’s care, custody and control, then FCBE may elect to rebuild or restore the damaged
or destroyed School Facilities subject to reimbursement by the City pursuant to the
terms of Section 7 above.
9. Condemnation. In the event all or any portion of the School Property is condemned by
any legally constituted authority for any public use or purpose, or sold under threat of
condemnation, then all condemnation awards or sales proceeds shall belong to the
owner of such condemned or sold property, and this Agreement shall terminate as to
such property on the date of such condemnation or sale. If a portion of the School
Property that contains all of the School Facilities is so condemned or sold then this
Agreement shall terminate on the date of such condemnation or sale.
10. Liens. No encumbrances, charges or liens against the School Facilities shall exist
because of any action or inaction by either party or such party’s independent
contractors. Each party shall discharge by bond or otherwise within ten (10) days of
notice of existence of any lien, encumbrance or other charge arising because of the
actions of such party.
11. Termination.
(a) Either party shall have the right to terminate this Agreement without cause upon
ninety (90) days prior written notice. If FCBE shall elect to terminate this agreement
prior to the end of the first year of the term, FCBE shall repay the City the partial cost
for the improvements of $5000 (Five Thousand Dollars). FCBE shall have no
obligation to compensate City, including any compensation for any remaining value of
any improvements, and all improvements made by City or on City’s behalf shall
remain with the School Facilities.
(b) In the event either party defaults in the performance of any of its obligations under
this Agreement, the non-defaulting party shall, in addition to all other rights and remedies
available to such non-defaulting party at law or in equity, have the right to (i) provide
written notice to the defaulting party of the intention to terminate this Agreement within
(30) days of the written notice if such default is not remedied within the 30 days, or (ii)
cure such default at the expense of the defaulting party. The defaulting party, within ten
(10) days of the receipt of a statement for reimbursement, shall reimburse the other
party for any amount paid and any expense or contractual liability so incurred.
Notwithstanding the foregoing, if (i) such default is of such nature that it cannot
reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has
commenced its efforts to remedy such default within such thirty (30) day period and is
diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach
within sixty (60) days from the date it first receives notice of default from the non-
defaulting party, the non-defaulting party shall not have the right to terminate this
Agreement.
12. Expiration of Term.
a. Upon the expiration of the Term of the Agreement, all fixed and permanent
improvements upon the School Property shall remain the property of FCBE, free and
clear of all liens and encumbrances. Either party may remove portable improvements
made by such party. A listing of all portable improvements shall be prepared by such
party and approved by the other party prior to the removal of said improvements. Except
in connection with repairs or replacements, each party covenants not to destroy or
remove any improvements constructed (other than portable improvements) or equipment
placed upon the other party’s property, pursuant to this Agreement or otherwise, without
the written consent of the other party, which written consent may not be unreasonably
withheld, conditioned, or delayed.
b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the
other party’s Property. All keys held by a party for the School Facilities located on the
other party’s Property shall be returned to the other party within a reasonable time.
13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to
any other party shall be in writing and sent by (i) certified mail, return receipt required or
(ii) delivered personally, including by courier or expedited mail service, address as
follows (or at such address as may be specified from time to time in writing):
If to FCBE: Superintendent
Fulton County Board of Education
786 Cleveland Avenue, S.W.
Atlanta, Georgia 30315
With a copy to: David Knotts, Land Agent
Fulton County Board of Education
5270 Northfield Boulevard
College Park, Georgia 30349
If to City: Chris Lagerbloom
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107A
Milton, Ga 30004
All such notices hereunder shall be deemed to have been given on the date of delivery
or the date marked on the return receipt unless delivery is refused or cannot be made
because of any incorrect address provided by the addressee, in which case the date of
postmark shall be deemed notice has been given.
14. Miscellaneous.
a. This Agreement shall be construed as an intergovernmental contract, and no estate
shall pass out of FCBE or City. Neither party shall, without the prior written consent of
the other party, which consent may be withheld in the other party’s sole discretion,
assign its interest in this Agreement or any interest hereunder. Consent to any
assignment shall not destroy this provision and any later assignments shall be made
likewise only upon the prior written consent of the other party. Any assignee of either
party, at the option of the party, shall become directly liable to the other party for all
obligations of the assigning party hereunder, but no assignment by either party shall
relieve such party of any liability hereunder to the other party.
b. If either party is delayed, hindered or prevented from performing any act or thing
required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to
procure labor, materials or financing, failure or lack of utilities, governmental laws and
regulations, riots, insurrection, war, acts of God, inclement weather, or other causes
beyond the reasonable control of either party (“Force Majeure”), the delayed party shall
not be liable, and the period of performance of any such act shall be extended for a
period equivalent to the period of such delay, provided such party provides written notice
of such occurrence to the other party within ten (10) days of such occurrence. The
foregoing is inapplicable to the payment of money unless such delay is due to an act
arising after a party’s mailing which affects the physical delivery of the payment.
c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF
TOBACCO PRODUCTS ON THE SCHOOL FACILITIES OWNED BY THE OTHER
PARTY AT ANY TIME DURING ITS USE OF THE SCHOOL FACILITIES OWNED BY
THE OTHER PARTY.
d. This Agreement constitutes the sole and entire agreement between the parties hereto
as of the date hereof, and no modification of this Agreement shall be binding unless
attached hereto and signed by City and FCBE. No representation, promise, or
inducement not included in this Agreement shall be binding upon any party hereto.
e. Time is of the essence for each and every provision and stipulation of this
Agreement.
f. Each party acknowledges that this Agreement has been freely negotiated by both
parties, and that, in any controversy, dispute or contest over the meaning, interpretation,
validity or enforceability of this Agreement or any of its terms or conditions, there shall be
no inference, presumption, or conclusion drawn whatsoever against either party by virtue
of that party having drafted this Agreement or any portion thereof.
g. No action or failure to act by any party hereto shall constitute a waiver of any right or
duty afforded, to such party under this Agreement, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach of this Agreement except as
may be specifically agreed in writing.
h. This Agreement may be executed in any number of counterparts, each of which shall
be an original, but such counterparts shall together constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day
and year first above written.
CITY OF MILTON
By:________________________________ _______________________
Witness
Name: _________________
Title: _____ Notary Public
FULTON COUNTY BOARD OF EDUCATION
By:________________________ ______________________
Name: Patrick Burke Witness
Title: Chief of Operations
By:________________________ ______________________
Name: Cindy Loe Notary Public
Title: Superintendent
Exhibit A.1
Exhibit A.2
Exhibit B
Exhibit C
Exhibit D
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Exhibit B
The City shall make the following improvements:
The City shall furnish and install an irrigation system on the existing Playing Field, seed
and/or sod the Playing Field on the School Facilities, and install a water meter.
In addition, City shall place a gate at fence line bordering tree line area as delineated on
Exhibit A.2.
City shall submit three (3) sets of drawings which reflect the proposed improvements to
FCBE for approval. No construction by the City shall commence until drawings are
approved in writing by FCBE. As-builts shall be provided by the City following completion
of construction of the improvements by the City.
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean
Catherine Maddox • Linda McCain •
Katie Reeves
Cindy Loe, Ph.D., Superintendent
FACILITIES SERVICES
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fultonschools.org
Rules Governing Use of Facilities by Outside Organizations
Outside Organizations shall follow these additional rules governing use of school facilities
1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion,
creed, sex, national origin or disability.
2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees
are not permitted to give their building keys to an outside organization.
3. General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage
is required. Worker’s Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed.
Fulton County Board of Education must be listed as an “Additional Insured” on the policy.
4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to
FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office.
5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and
only if such displays do not deface school property.
6. Adequate supervision, as approved by the Principal, must be present for activities involving children.
7. Parking is permitted only in designated areas.
8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes.
9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing.
10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments.
11. All activities must be orderly and lawful, and must comply with all federal, state and local laws.
12. Use of lighted athletic fields must end by 10:00 p.m.
13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall.
14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement.
The organization is responsible for cleanup for all areas used.
15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.
16. The use of tobacco products is prohibited in school facilities and on school property.
17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens
(System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference
rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel
may be required at the Principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case
basis.
18. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System
personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers,
technical or laboratory equipment.
19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in
consultation with the building supervisor.
20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the
electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility.
21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities.
23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement.
24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found.
25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three
working days prior to use.
Revised 2/7/11
FULTON COUNTY PUBLIC SCHOOLS
USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES
Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be
processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education.
1. Name of Organization ______________________________________________________________________________________________________
2. Responsible Representative __________________________________________________________________________________________________
Print name of authorized agent/representative Title
Address _________________________________________________________________________________________________________________
Phone (W) ________________________________ (H) ____________________________________ Fax ___________________________________
3. School Requested (name) __________________________________Type of Activity/Purpose ____________________________________________
4. Date (s) and Time Requested ____________________________________________________a.m. ______ p.m. UNTIL _____a.m. _______ p.m.
Areas to be Leased _________________________, ______________________, ______________________, _______________________________
5. Number of persons expected to attend _________________________________________________________________________________________
6. Organization’s Policy Number ________________________________Policy Limit (minimum $1 million coverage) $__________________________
Auto Liability Coverage (minimum $500,000 coverage) $___________________. Worker’s Compensation, if applicable $______________________
7. Do you want to charge an admission fee? If yes, in what amount? Adult $ ____________Child $___________ Other $________________________
NOTE: Prior approval of Rental Office is required in order to charge admission.
8. Will this activity be a fundraiser? _______If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination
letter to application.
9. Do you want to serve refreshments? _________NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and
beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served.
10. The Organization’s Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial _____
11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m.
FEE SCHEDULE
OTHER NOT - FOR - PROFIT YOUTH
LEASED AREAS
Mark
Leased
Area
with X
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00
Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00
Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00
Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00
PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00
Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00
Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00
Cafeteria, High School $46.00 $23.00 $24.00 $12.00
Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00
Theater/Auditorium $62.00 $31.00 $32.00 $16.00
Media Center, Elementary School $32.00 $16.00 $16.00 $8.00
Media Center, MS or HS $46.00 $23.00 $24.00 $12.00
Classroom $16.00 $8.00 $8.00 $4.00
Concession Stands $16.00 $8.00 $8.00 $4.00
Non-Stadium Field, no light use $24.00 $12.00 $12.00 $6.00
Non-Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00
Stadium Field, no light use $32.00 $16.00 $16.00 $8.00
Stadium Lighting adder $52.00 $26.00 $26.00 $13.00
Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00
Track, High School $32.00 $16.00 $16.00 $8.00
Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00
Parking Lot $16.00 $8.00 $8.00 $4.00
Teaching Museum $62.00 $31.00 $32.00 $16.00
STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup.
To be Completed by School: Custodial Time required? Yes ___No ___ Custodial Time = $35 per hour (includes fringe benefits).
Total Custodial Costs = Hours worked ______ x $35/Hr = $_________.
Technician (for Theatre) $28 per hour (includes fringe benefits). Security Personnel $40 per hour (includes fringe benefits).
ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit,
extraordinary utility use, and maintenance charge.
School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee $_____________________.
CHARGE FOR USE: Facility Fees $ ___________ + Staffing Fees $___________ + Additional Charges $____________= TOTAL CHARGES $ _______________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed
above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or
property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from
the organization’s use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use.
The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability
whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does
not intend to and does not hereby create any right of remedy in any third person.
_____________________________________________________ _________________________________________________________________
Organization Representative’s Signature Date Principal’s Signature Date
FULTON COUNTY BOARD OF EDUCATION
Reason for Denial: (If Applicable)
*Time Conflict __________ _________________________________________________________________
*Unsatisfactory previous experience w/group _______ Rental Office/Land Management Coordinator Date
*No employee available for security, custodial, etc. ___________
* Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the amount of
$_________per (check one) ____Day; ______Week; ________Month; _______Year
The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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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: March 9, 2011
Meeting Date: March 21, 2011
Agenda Item: Approval of an Intergovernmental Agreement between the City of Milton and
Fulton County Board of Education for the Development of a 2-acre Park Located Between
Crabapple Crossing Elementary and Northwestern Middle School
Background:
The Parks and Recreation Department has begun to identify areas in Milton where there are
voids in parks amenities and property for these amenities. The City has begun to enter into
intergovernmental agreements with the Fulton County Board of Education to try and eliminate
these voids. These agreements include making improvements on existing school sites and in
this case, developing park amenities on unused FCBE property to serve the citizens of Milton.
Discussion:
We began meeting with Principal Freiberger at Crabapple Crossing last summer regarding the 2
acres between Crabapple Crossing and Northwestern Middle. He expressed a need for an
additional play area for his students. For many years he had hoped the 2 acres could be
developed into usable space although no funding was available. We agreed that a partnership
to allow the school an additional play area and allow the community to have access to a park
setting would be mutually beneficial. An initial site plan was created by Carter Lucas and
modified as discussions continued. Parks and Recreation capital funds will be used for this
project.
We are now ready to enter into an IGA for the development of this property as a City park. The
school will use the property during the school day. The City will oversee and maintain the
property outside of school hours for community use.
Attachments:
An Intergovernmental Agreement between the City of Milton and Fulton County Board of
Education for the Development of a 2-acre Park Located Between Crabapple Crossing
Elementary and Northwestern Middle School
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean • Catherine Maddox
Linda McCain • Katie Reeves
Cindy Loe, Ph.D., Superintendent
Land Management
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-669-8983 • www.fultonschools.org
Crabapple Crossing Park
DRAFT
INTERGOVERNMENTAL AGREEMENT
DATED 3-14-11
THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day
of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “City”) and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “FCBE”).
Background Information
A. FCBE owns approximately 2.0 acres of certain real property which lies between
Crabapple Crossing Elementary School located at 12775 Birmingham Highway,
Milton, Georgia, and Northwestern Middle School located at 12805 Birmingham
Highway, Milton, Georgia. Crabapple Crossing Elementary School (Elementary
School Property) and Northwestern Middle School (Middle School Property) is
hereinafter referred to as the “School Property.”
B. It is the City’s desire to develop a park-like setting on this approximately 2.0 acre
parcel. Both FCBE and City acknowledge that a name for this Park will be identified
within ninety days from commencement of the term and such name shall be
approved by FCBE. The 2.0 acre tract shall be known as the Park. The Park is
located contiguous to the Elementary School Property and Middle School Property
referred to as the “School Property” as identified on Exhibit A.1 and A.2.
C. FCBE and City desire to enter into this Agreement to provide for the joint use of the
Park by FCBE and City.
Agreement
Now, therefore, in consideration of the premises and mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and FCBE hereby agree as follows:
1. Use of Park by City. FCBE hereby grants the City the right to use the Park on the
following terms and conditions:
a. FCBE expressly reserves priority to use the Park for school activities, including
extracurricular activities, from 7:00 a.m. until 4:30 p.m., Monday through Friday, during
each Academic Year during the Term of the Agreement. FCBE and City expressly
agree that during such times, the Park may be used for the activities of any Fulton
County School. As used herein, the term “Academic Year” shall be defined by FCBE on
an annual basis as requested. FCBE and City shall determine a mutually agreed upon
period of rest for the grassed Play Area for a period of no less than 30 consecutive days
during the months of June, July and/or August.
b. City shall have no right to use the Park during Regular School Hours unless the
principal (the “Principal”) of Crabapple Crossing Elementary School consents to such
use in such Principal’s sole and absolute discretion. As used herein, the term “Regular
School Hours” shall mean the periods from 7:00 a.m. through 4:30 p.m., Monday
through Friday throughout each Academic Year during the Term of the Agreement.
c. City may request the use of the Park after Regular School Hours when FCBE has
priority to use the Park (i.e., from 3:00 p.m. until 4:30 p.m., Monday through Friday,
throughout each Academic Year during the Term of the Agreement) by notifying the
Principal in writing not less than one week prior to the date City desires to use the Park.
The Principal shall use reasonable efforts to accommodate such request.
d. During each Academic Year, City shall have first priority use of the Park, Monday
through Friday, from 4:30 p.m. until dark. The City shall have first priority use of the
Park on Saturdays from 9:00 a.m. until dark, and on Sundays from 9:00 a.m. until dark.
City shall also have first priority use of the Park during the Non-Academic Year, defined
as the time between the end of each Academic Year and the beginning of the next
Academic Year. Notwithstanding, the City acknowledges as a result of or due to any
emergency, evacuation and/or any other unexpected event, activity and/or occurrence,
the Principal shall have first priority superseding any scheduled or non-scheduled City or
third party activity and or event during either the Academic School Year or Non-
academic School Year. The times for use of the Park during the Non-Academic Year
shall be from sunrise to sunset, Monday through Sunday. The City shall post signs at
the Park designating hours of use.
Notwithstanding, City acknowledges that the Principal may schedule special events to
be held during the Academic Year and Non-Academic Year while City has first priority
use, whereas City will accommodate such scheduled events as long as proper notice of
30 days is given by the Principal to the City.
e. City acknowledges that non-City sponsored groups may not be allowed to rent the
Park.
f. City shall (i) patrol and provide adequate supervisory and security personnel
throughout each day to properly maintain order and discipline when the Park is being
used by City; (ii) vacate the Park and remove refuse promptly after any activity thereon;
(iii) if applicable, secure and lock the Park upon completion of any activity thereon; (iv)
return the Park to original condition prior to its use; (v) place trash cans and recycling
bins at the Park where Principal deems appropriate; and (vi) place porta potties on a
temporary basis for a period of 24 months following opening of the Park to the public.
Porta potties shall be placed where Principal deems appropriate.
g. City shall keep all motorized vehicles off grassed areas and public parking shall be
limited to designated areas only as directed by the Principal.
h. City’s use of the Park is expressly subject to and conditional upon City’s
compliance with Fulton County Board of Education Policy KG and Procedure KG,
which Policy and Procedure are hereby incorporated into this Agreement as
referenced in Exhibit D. In the event of any conflict between the terms of this
Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control.
i. Food and/or drink shall be allowed within the Park, however, only in areas mutually
agreed upon by both the Principal and City.
2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of
April, 2011, and ending on the 31st day of March, 2021, provided that the Board of
Education may cancel this agreement if City fails to timely remedy any non-compliance
with this Agreement within thirty days of written notice of FCBE’s intention to cancel the
Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this Agreement.
Following expiration of the Agreement, all permanent improvements made by the City
will remain the property of FCBE.
The Intergovernmental Agreement shall not automatically renew. However, the City may
notify FCBE at least ninety (90) days prior to the expiration of the term to request that
the Intergovernmental Agreement be renewed for an additional five (5) year term. The
Intergovernmental Agreement will only renew upon the written agreement of FCBE,
which shall be in FCBE’s sole discretion.
3. Consideration and Expenses. The parties agree that the mutual use of the Park by
the parties is the consideration for the entry into this Agreement by both parties and that
no rent shall be payable for the use of the Park by either FCBE or City. Notwithstanding
the foregoing, the City agrees that it shall make the initial improvements as described in
Exhibit B. The said initial improvements shall be made by the City within the first year of
the initial term, more specifically during the period recognized as the Non-Academic
Year and the said initial improvements shall be completed prior to the next Academic
year.
In addition, if FCBE incurs direct costs or expenses (other than maintenance costs,
which shall be governed by Section 5 below) solely as a result of the use of FCBE’s Park
by the City (not including maintenance or utility expenses resulting from the reasonable
use of the Park) upon FCBE being made aware of such costs or expenses, FCBE shall
notify the City of such costs or expense prior to the City’s continued use of the Park, and
the City shall be required to reimburse FCBE for such costs or expenses within thirty
(30) days of the request.
4. Maintenance of Park.
a. In addition to the obligations contained in subsection 1.g. above, during the
Academic Year, each party shall, at such party’s expense, maintain the Park in good
condition and repair in relation to each party’s use of the Park, including without
limitation the provision of routine custodial services and landscape maintenance services
and the repair and replacement of all equipment and improvements located at the Park.
City agrees that it will maintain and repair the irrigation systems for the Playing Field at
its own cost, which repairs and maintenance shall conform to FCBE specifications for
such irrigation systems, and agrees to keep them in good working order and in
compliance with all local codes. In addition, City shall pay for all water used for the
irrigation systems for the Playing Field during the term of this Agreement and any
renewal terms. If City shall tap into the FCBE water line, City shall provide written notice
of such tap and connection to FCBE prior to making the tap and connection. Payment for
consumption of FCBE water shall be due within 60 days of receipt of invoice based upon
an estimate of annual water costs to be provided by FCBE or its designee with a final
accounting (and payment or refund) once the actual cost has been determined.
Periodic inspections may be performed by FCBE or its agents or employees of the field
improvements and / or field conditions. Any problems (and origin thereof, if identifiable)
are to be reported to the offices of the FCBE. FCBE shall provide notice to the City to
make the appropriate repairs and / or corrections to the field.
City shall maintain, at City’s sole expense, the Park in a good and safe condition.
Maintenance shall include, but not be limited to, mowing the Playing Field on a routine
basis, fertilizing, re-seeding, and making such improvements to the Park as may be
necessary or reasonably requested by FCBE subject to those conditions noted in
Paragraph 2.
As used herein, the term “routine custodial services” shall include without limitation, the
collection of litter and debris from the Park; following each use, removal of the contents
of City’s furnished trash receptacles and recycling bins; and following each use, removal
of hazardous items from areas utilized or accessible to staff, students, or visitors. The
City shall maintain an adequate level of sanitary supplies as mutually agreed upon by
the City and Principal.
b. Notwithstanding the terms of subsection 4.a. above, during the Term of the
Agreement, the City shall maintain the Park during the period of the Non-Academic
Year.
c. City shall have no right to construct any improvements at the Park owned by FCBE
without FCBE’s consent which consent may be withheld in FCBE’s sole discretion.
During the Term, the City shall not demolish any of the facilities located on such FCBE’s
property without the consent of FCBE, which consent shall not be unreasonably
withheld, conditioned or delayed.
5. Utilities. The City shall pay all water charges and electricity charges (if any) for the
maintenance of the Park.
6. Insurance. The City shall maintain a minimum of $1 million commercial general liability
(including bodily injury, property damage and fire legal liability) insurance with a $2
million general aggregate, shall maintain a minimum of $1 million automobile liability
insurance (CSL), and provide statutory Workers Compensation coverage with a
minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third
party using the School Property with the express, written consent of the City shall
maintain a minimum of $1 million commercial general liability(including bodily injury and
property damage) and automobile liability insurance coverage, with minimum policy limit
of $1 million per occurrence (CSL), and name FCBE and City as additional insureds.
For purposes of this Agreement, the phrase “third party using the School Property” shall
mean an entity, group, or individual other than an agent, employee, or elected or
appointed official of the City or the FCBE that receives written permission from the FCBE
or City to use the School Property for a function , event or program in a manner
substantively more intense than general public use, it being understood and agreed that
‘use of the School Property’ by the general public for general recreational purposes shall
not require acquisition of the insurance referenced immediately above. Any third party
performing building, construction, or public improvement projects on the School Property
with the express written consent of FCBE shall be required to maintain a minimum of $2
million commercial general liability (including bodily injury and property damage)
insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL)
naming both FBCE and City as additional insureds and provide statutory Workers
Compensation coverage with a minimum Employers Liability of $100,000 per accident,
$500,000 policy limit. Any third party performing building, construction or public
improvement projects on the School Property shall submit proof of insurance by
submitting a certificate of insurance prior to performing such work.
7. Liability. City shall be responsible for the acts and omissions of City and its agents,
contractors or employees. FCBE shall be responsible for the acts and omissions of
FCBE and its agents, contractors, or employees. Any third party using the Park shall be
required to defend, indemnify and hold harmless FCBE and City and their agents and
employees against all costs, damages, or claims, whether for personal injury or property
damage, arising out of any act or omission of such third party in connection with its use
of the Park.
8. Casualty. If any of the Park is damaged or destroyed during the Term of the Agreement
by a casualty loss, FCBE may elect to rebuild or restore same to such Facilities. If such
damage or destruction is due to the acts or omission while in City’s care, custody and
control, then FCBE may elect to rebuild or restore the damaged or destroyed Park
subject to reimbursement by the other party pursuant to the terms of Section 7 above.
9. Condemnation. In the event all or any portion of the School Property is condemned by
any legally constituted authority for any public use or purpose, or sold under threat of
condemnation, then all condemnation awards or sales proceeds shall belong to the
owner of such condemned or sold property, and this Agreement shall terminate as to
such property on the date of such condemnation or sale. If a portion of the School
Property that contains all of the Park is so condemned or sold then this Agreement shall
terminate on the date of such condemnation or sale.
10. Liens. No encumbrances, charges or liens against the Park shall exist because of any
action or inaction by the City or City’s independent contractors. The City shall discharge
by bond or otherwise within ten (10) days of notice of existence of any lien,
encumbrance or other charge arising because of the actions of the City.
11. Termination.
(a) At any time during the term, either party shall have the right to terminate this
Agreement without cause upon ninety (90) days prior written notice. If FCBE elects to
terminate this agreement prior to the end of the first two years of the term, FCBE shall
repay the City the partial cost for the Park improvements in the amount of $20,000
(Twenty Thousand Dollars). FCBE shall have no obligation to compensate City,
including any compensation for any remaining value of any improvements, and all
improvements made by City or on City’s behalf shall remain with the Park.
(b) In the event either party defaults in the performance of any of its obligations under
this Agreement, the non-defaulting party shall, in addition to all other rights and remedies
available to such non-defaulting party at law or in equity, have the right to (i) provide
written notice to the defaulting party of the intention to terminate this Agreement within
(30) days of the written notice if such default is not remedied within the 30 days, or (ii)
cure such default at the expense of the defaulting party. The defaulting party, within ten
(10) days of the receipt of a statement for reimbursement, shall reimburse the other
party for any amount paid and any expense or contractual liability so incurred.
Notwithstanding the foregoing, if (i) such default is of such nature that it cannot
reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has
commenced its efforts to remedy such default within such thirty (30) day period and is
diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach
within sixty (60) days from the date it first receives notice of default from the non-
defaulting party, the non-defaulting party shall not have the right to terminate this
Agreement.
12. Expiration of Term.
a. Upon the expiration of the Term of the Agreement, all fixed and permanent
improvements upon the Park shall remain the property of FCBE, free and clear of all
liens and encumbrances. Either party may remove portable improvements made by
such party. A listing of all portable improvements shall be prepared by such party and
approved by the other party prior to the removal of said improvements. Except in
connection with repairs or replacements, the City covenants not to destroy or remove
any improvements constructed (other than portable improvements) or equipment placed
upon the Park, pursuant to this Agreement or otherwise, without the written consent by
FCBE, which written consent may not be unreasonably withheld, conditioned, or
delayed.
b. Upon the expiration of the Term, the City agrees to promptly vacate all parts of the
Park. All keys held by the City for the Park shall be returned to FCBE within a
reasonable time.
13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to
any other party shall be in writing and sent by (i) certified mail, return receipt required or
(ii) delivered personally, including by courier or expedited mail service, address as
follows (or at such address as may be specified from time to time in writing):
If to FCBE: Superintendent
Fulton County Board of Education
786 Cleveland Avenue, S.W.
Atlanta, Georgia 30315
With a copy to: David Knotts, Land Agent
Fulton County Board of Education
5270 Northfield Boulevard
College Park, Georgia 30349
If to City: Chris Lagerbloom
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107A
Milton, Ga 30004
All such notices hereunder shall be deemed to have been given on the date of delivery
or the date marked on the return receipt unless delivery is refused or cannot be made
because of any incorrect address provided by the addressee, in which case the date of
postmark shall be deemed notice has been given.
14. Miscellaneous.
a. This Agreement shall be construed as an intergovernmental contract, and no estate
shall pass out of FCBE or City. Neither party shall, without the prior written consent of
the other party, which consent may be withheld in the other party’s sole discretion,
assign its interest in this Agreement or any interest hereunder. Consent to any
assignment shall not destroy this provision and any later assignments shall be made
likewise only upon the prior written consent of the other party. Any assignee of either
party, at the option of the party, shall become directly liable to the other party for all
obligations of the assigning party hereunder, but no assignment by either party shall
relieve such party of any liability hereunder to the other party.
b. If either party is delayed, hindered or prevented from performing any act or thing
required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to
procure labor, materials or financing, failure or lack of utilities, governmental laws and
regulations, riots, insurrection, war, acts of God, inclement weather, or other causes
beyond the reasonable control of either party (“Force Majeure”), the delayed party shall
not be liable, and the period of performance of any such act shall be extended for a
period equivalent to the period of such delay, provided such party provides written notice
of such occurrence to the other party within ten (10) days of such occurrence. The
foregoing is inapplicable to the payment of money unless such delay is due to an act
arising after a party’s mailing which affects the physical delivery of the payment.
c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF
TOBACCO PRODUCTS IN THE PARK AT ANY TIME DURING ITS USE.
d. This Agreement constitutes the sole and entire agreement between the parties hereto
as of the date hereof, and no modification of this Agreement shall be binding unless
attached hereto and signed by City and FCBE. No representation, promise, or
inducement not included in this Agreement shall be binding upon any party hereto.
e. Time is of the essence for each and every provision and stipulation of this
Agreement.
f. Each party acknowledges that this Agreement has been freely negotiated by both
parties, and that, in any controversy, dispute or contest over the meaning, interpretation,
validity or enforceability of this Agreement or any of its terms or conditions, there shall be
no inference, presumption, or conclusion drawn whatsoever against either party by virtue
of that party having drafted this Agreement or any portion thereof.
g. No action or failure to act by any party hereto shall constitute a waiver of any right or
duty afforded, to such party under this Agreement, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach of this Agreement except as
may be specifically agreed in writing.
h. This Agreement may be executed in any number of counterparts, each of which shall
be an original, but such counterparts shall together constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day
and year first above written.
CITY OF MILTON
By:________________________________ _______________________
Witness
Name: _________________
Title: _____ Notary Public
FULTON COUNTY BOARD OF EDUCATION
By:________________________ ______________________
Name: Patrick Burke Witness
Title: Chief of Operations
By:________________________ ______________________
Name: Cindy Loe Notary Public
Title: Superintendent
Exhibit A.1
Exhibit A.2
Exhibit B
Exhibit C
Exhibit D
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Exhibit B
The parties agree and consent to the following initial improvements to be furnished and installed
by the City at its own expense within the first year of the term of this Agreement:
The City shall furnish and install at a minimum:
Walking/Fitness Trail
Basketball Court - (concrete floor)
Pavilion – stand-n-seam metal roof, concrete floor, wood or steel columns
Playing Field – sod, irrigation, water meter
Landscaping within the Park
Fence – 1) wood fence at Birmingham Highway
2) safety / barrier fence along Northwestern MS side of Park.
Remove existing chain link fence.
Remove existing structure(s). The City acknowledges that FCBE may elect to remove the
former residential structure through its disposition of Surplus Property by selling the
former residential structure to the public. FCBE shall have 45 days following final
execution by both the City and FCBE of the this Intergovernmental Agreement to remove
the former structure. If the former structure is not removed within this period, the City
shall remove the former residential structure at its own expense. The City shall remove
any other existing structures on the property.
If any evidence of asbestos containing materials is found within any of the existing
structures, the asbestos containing shall be removed and abated by FCBE at its own
expense.
Drawings: City shall submit three sets of drawings which reflect the proposed
improvements to FCBE for approval. No construction by the City shall commence until
drawings are approved in writing by FCBE. As-builts shall be provided by the City
following completion of construction of improvements.
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The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on March 1, 2011 for the March 21, 2011 Regular Council Meeting
Agenda Item: Approval for the execution of a contract with ADP for the installation,
implementation and recurring monthly fees for a Human Resources Information
System (HRIS)
City Manager’s Office Recommendation:
Consent to the execution of a contract with ADP for the installation, implementation and monthly
fees for a HRIS for the Human Resources Department.
Background:
ADP serves as the City’s payroll administrator. Their system allows for an upgrade that would
tie payroll data to human resources information and allow better dissemination of information,
ad hoc reports, benefit enrollment and time keeping.
Discussion
The proposed HRIS serves as an upgrade to our current payroll system. As such, no additional
bids were available for these services.
Funding and Fiscal Impact:
ADP costs include $4500 for set-up and $1148.40 per month maintenance.
Alternatives:
No other alternatives are available that work with our current system. Implementation of
another system would require duplicate work in different systems to maintain the same
information.
Concurrent Review:
Chris Lagerbloom, City Manager
Today's Date:1/3/2011
N/AMaster Order ID:
CITY OF MILTON
526195Order ID:
13000 Deerfield Parkway Bld 100
Additional BusinessOrder Type:
Alpharetta, GA 30004
Company Code:TH4
ADP Sales AssociateExecutive
Lorrie RoweSam Trager
sam.trager@cityofmiltonga.us lorrie_rowe@adp.com
(678) 242-2516 (770) 850-4218
Number of Employees for Payroll processing :125
Bi-WeeklyProcessing Fees -Units Totals
WGPS Service 2 $7.90
$7.90Sub Total
Monthly Fees Units
Workforce Now Essential Time 30 $238.00
Time & Attendance Workforce Now Essential Time
Timesheet
ezLaborManager Accruals Module 100-250 EE's 30 $30.00
Workforce Now Essential Time 1 $0.00
Custom Report Writer Workforce Now Essential Time
Workforce Now Expanded HR 1 $0.00
Custom Report Writer Payroll & HR Employee & Manager Self Service
Electronic Pay Statements PX Workforce Now Expanded HR Reporting & Self Service
HR Library
Workforce Now Expanded HR & Benefits 124 $880.40
1 Carrier Connection HR Benefit Archived EE's
HR & Benefits Administration Workforce Now Expanded HR & Benefits
Sub Total $1,148.40
One Time Fees
Implementation Fees
Workforce Now Expanded HR & Benefits $4,500.00
$4,500.00Sub Total
$4,500.00Sub Total
Summary
Total One Time Fees (Total of all one time fees)$4,500.00
Invoice Detail Unit Fee Units Min
Workforce Now Essential Time
Workforce Now Expanded HR
Page 1 of 2
CITY OF MILTON Today's Date:
526195Order ID:
1/3/2011
Invoice Detail Unit Fee Units Min
Workforce Now Essential Time 1 - and higher $4.75 Each 30 $238.00
ezLaborManager Accruals Module 100-250 EE's 1 - and higher $0.50 Each 30 $30.00
Workforce Now Expanded HR & Benefits 1 - and higher $7.10 Each 124
WGPS Service 1 - and higher $3.95 Each 2
Contact Type Contact Phone
Executive Sam Trager (678) 242-2516
Client Security Master Sam Trager (678) 242-2516
THE ADP SERVICES LISTED ON THIS SALES ORDER ARE PROVIDED AT THE PRICES SET FORTH ON THE ABOVE PAGES AND IN ACCORDANCE WITH ADP'S STANDARD TERMS AND CONDITIONS OF SERVICE
ATTACHED TO THIS SALES ORDER. BY SIGNING BELOW YOU ARE ACKNOWLEDGING RECEIPT OF AND AGREEMENT TO SUCH TERMS AND CONDITIONS AND TO THE LISTED PRICES.
Client Signature:Sales Associate:
DateDate
Page 2 of 2
001499
Time & Labor Management Terms and Conditions
This Major Accounts Agreement ("Agreement") dated is by and between
with offices at ("Client")and ADP, Inc. with its principal office at One ADP
Boulevard, Roseland, New Jersey 07068 ("ADP") for the procurement of Time and Labor Management Services, equipment, computer programs, software (other than
pre-packaged third -party software), and documentation ("ADP Products") from ADP in accordance with this Agreement. All references herein to "Client" shall refer to
Client and its affiliates that are receiving the Services and ADP Products pursuant hereto.
Scope of Agreement
ADP agrees to provide to Client, in accordance with these terms and conditions
and any exhibits hereto (collectively, the "Agreement"), the data collection
devices listed in the Sales Order, including, but not limited to any data
collection devices such as timeclocks and HandPunches, ("the Equipment")
and any software contained therein or application used in connection with the
Equipment or accessed by the Equipment through the Internet or Intranet
(Equipment and software or application and related services, collectively
referred to as the "TLM Products"). Any provisions of this Agreement relating
to the Equipment shall not be applicable if Client does not obtain Equipment
from ADP.
2. Term.
The initial term of this Agreement shall commence on the date hereof and shall
continue on a month-to-month basis until terminated by ADP in accordance
with the provisions of Section 13 or by either party on at least thirty days' prior
written notice.
Use of TLM Products.
A. Client agrees that it will use the TLM Products in accordance with this
Agreement and any online or shrink-wrap terms or license, license terms
attached hereto, Appendices, or other accompanying documentation including
but not limited to the Client's Sales Order made available to Client by ADP or its
licensors ("Additional Terms").
B. Client will use the TLM Products only for its own internal and proper business
purposes in accordance with this Agreement and will not sell, lease, allow access to
or otherwise provide the TLM Products or any portion thereof, to any third party,
including without limitation, any competitor of ADP. The TLM Products are intended
to permit the transmission of data from within or between the United States and
Canada. The TLM Products may not be used or accessed from outside the United
States or Canada or in any way that violates any applicable international, federal,
state or local laws and /or regulations. In order to keep the products current, ADP
may from time to time perform maintenance foxes and other upgrades to the TLM
products Client is then receiving. ADP will perform these upgrades on Client's
behalf for all hosted products. For non -hosted products, Client will be required to
install the upgrade provided by ADP in accordance with the written notice provided
to Client
C. Subject to the terms of this Agreement and the Additional Terms, ADP grants to
Client a non-exclusive, non -transferable license to use the TLM Products provided
hereunder. Client receives no rights to the TLM Products or any intellectual
property of ADP or its licensors, except as expressly stated herein. All intellectual
or proprietary rights relating to the TLM Products is reserved. The TLM Products
are the licensed and/or owned property, and embody the proprietary trade secret
technology, of ADP and/or its licensor(s) and are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws which
among other things, prohibit the unauthorized use and copying of any TLM
Product. The fees paid by Client to ADP for the TLM Products include a license fee
that entitles the undersigned to use the TLM Products as set forth herein or any
Additional Terms.
D. Equipment purchased and fully paid for by Client is not subject to the
restrictions on use contained in paragraphs 3A, 3B and 3C above.
E. ADP will take reasonable precautions to prevent the loss of or alteration to
client data input into in the TLM Products, including employing regular back-up
procedures, but ADP cannot guarantee against any such loss or alteration.
Accordingly, Client will, to the extent it deems necessary, maintain a procedure
external to the TLM Products for the reconstruction of lost or altered data (e.g.
maintaining printouts of client data input into the TLM Products).
F. Client Content. "Client Content" shall mean (i) all payroll, human resource
and similar information provided by Client or its agents or employees, including
transactional information, (ii) Client's trademarks, trade names, service marks,
logos and designs and (iii) any other information or materials provided by
Client, regardless of form (e.g., images, graphics, text, etc.), to be included in
the TLM, whether included therein by ADP on behalf of Client as part of its
setup services or directly by Client or any of its employees or agents. The
following provisions shall apply with respect to Client Content:
i. Client shall be solely responsible for updating and maintaining the
completeness and accuracy of all Client Content. Client shall indemnify and
hold ADP harmless from and against any and all claims and causes of action
brought against ADP, including any and all damages, losses, expenses,
attorney's fees, costs and liabilities sustained by ADP, to the extent that it is
based upon a claim that any Client Content infringes or violates any patents,
copyrights, trade secrets, or other proprietary rights of any third party.
TLM Ts and Cs Version 5
1/17/06
ii. Client shall be responsible for obtaining all required rights and licenses to
use and display all Client Content in connection with the TLM Products. Client
hereby grants to ADP a non-exclusive, non -transferable license to use, edit,
modify, adapt, translate, exhibit, publish, reproduce, copy (including back up
copies) and display the Client Content as reasonably necessary to provide TLM
Products or perform the Services covered under this Agreement.
iii. Client and its employees shall not include or provide to ADP for inclusion in
TLM Products any Client Content which is obscene, offensive, inappropriate,
threatening, malicious, which violates any applicable law or regulation or any
contract, privacy or other third party right or which otherwise exposes ADP to
civil or criminal liability. ADP reserves the right to exclude or immediately
remove from any TLM Product any Client Content which it determines in it sole
discretion violates the previous sentence, provided that ADP has no obligation
to review or monitor the Client Content.
Charges.
A. Specific charges for the TLM Products are provided on the Sales Order or
other signed pricing proposal and shall be set at the rates set forth thereon for
the first six months after the date this Agreement is accepted by Client
(assuming no changes in requirements, specifications, volumes or quantities) (the
"Initial Period"). Client shall pay ADP for the products and services added by Client
after the date hereof at ADP's then prevailing prices for such services. ADP may
increase prices at any time after the Initial Period upon at least 30 days prior written
notice to Client if such change is part of a general price change by ADP to its clients
for affected items.
B. Client shall pay monthly, as invoiced, for the use of the TLM Products. ("Monthly
Fee"). Such Monthly Fee shall include maintenance of Equipment if the Equipment
is leased, and not purchased, by Client. Client shall also pay an installation and set-
up fee for each unit of Equipment installed on Clients premises by ADP. If Client
purchases the Equipment, it shall pay annually, as invoiced, for maintenance of the
Equipment unless it executes a waiver as specified in Section 7(D).
S. Payment; Taxes.
A. There shall be added to all payments hereunder amounts equal to any
applicable taxes levied or based on this Agreement (unless Client provides ADP
with appropriate exemption certificates); exclusive of taxes based on ADP's net
income.
B. All invoices shall be paid by Client in full within 30 days of the invoice date.
If Client fails to pay any amount due under this Agreement, whether by
acceleration or otherwise, Client, upon demand, shall pay interest at the rate
of 18% per annum (or 1-1/2% per month), but not to exceed the maximum
allowed by law, on such delinquent amount from the due date thereof until the
date of payment. Client is liable to pay ADP for any and all expenses ADP may
incur, including interest and reasonable attorney's fees, in taking action to
collect any amounts due ADP hereunder.
6. Installation.
Client shall also provide and install all power, wiring and cabling required for
installation of the Equipment. The business day following the day on which (i)
ADP, or its designee, determines that the Equipment has been placed in good
working order in accordance with ADP's standard installation procedures, or (ii)
5 days after the Equipment is delivered and the Client fails to provide the
required installation environment, shall be considered the "Warranty
Commencement Date" for purposes of this Agreement.
Risk of Loss; Title to Equipment; Maintenance; Etc.
A. No loss, theft or damage after shipment of the Equipment to Client shall
relieve Client from any obligations under this Agreement, and Client shall be
liable for any such loss, damage or destruction (regardless of cause).
B. Client shall not make any alterations or attach any device not provided by
ADP to the Equipment, nor shall Client remove the Equipment from the place
of original installation without ADP's prior consent. ADP shall have the right to
enter Client's premises to inspect the Equipment during normal business hours.
This paragraph B shall not apply to Equipment previously purchased and fully
paid for by Client.
C. Title to the Equipment shall remain in ADP. The Equipment is, and at all
times shall remain, a separate item of personal property, notwithstanding its
attachment to other equipment or real property. Client shall furnish any
waivers or consents reasonably requested by ADP to give full effect to the
intent of the preceding sentence. This paragraph C shall not apply to
Equipment previously purchased and fully paid for by Client.
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001500
D. Client understands that ADP, or its designee, pursuant to ADP's Hardware
maintenance terms, will furnish maintenance services for the Equipment and
conditions as set forth below and that such maintenance takes effect upon
expiration of the warranty set forth in Section 10. If the Equipment is leased,
the cost of such maintenance service is part of the Monthly Fee. If Client
purchases the Equipment, maintenance is optional and may be obtained at an
additional cost and a separate annual maintenance fee applies. A Client under
the purchase option may terminate its receipt of maintenance services by
providing written notice to ADP no less than 30 days prior to the end of the
then current annual coverage period. ADP is not required to rebate to Client
any maintenance fees relating to a current or prior coverage period. (NOTE: If
a Client selects the purchase option but opts not to receive or terminates
maintenance services hereunder, any such services provided by ADP at Clients
request will be subject to ADP's then current charges for such services which
will likely be significantly greater than the annual fee under the maintenance
plan, Clients described in the preceding sentence must execute a waiver of
maintenance services as set forth in Appendix A.). Client shall bear all
delivery/shipping costs and all risk of loss during shipment/delivery of
Equipment relating to maintenance services. Client shall permit ADP, or its
designee, to have safe and complete access to the Equipment during normal
business hours. ADP will maintain the Equipment free from defects in material
and workmanship as follows:
(i) Any parts found to be defective (except as specifically excluded below)
shall be replaced or repaired, at ADP's or its designee's option, without
charge for parts or labor, provided that the Equipment has been properly
installed and maintained by Client and provided that such Equipment has
been used in accordance with any documentation or Additional Terms
provided by ADP or its designee and has not been subject to abuse or
tampering.
(ii) The foregoing repairs and replacements may be made only by ADP or its
designee, and will be made only after ADP or its designee is notified of a
problem, receives delivery from Client of the Equipment (which delivery
shall not violate the provisions of paragraph B above) at issue and
determines that it results from defective materials or workmanship.
Notwithstanding the foregoing, ADP may deliver a temporary replacement
item for Client's use while such determination is being made with respect
to the Equipment in question.
(iii) Repairs and replacements required as a result of any of the following shall
not be included in the foregoing maintenance services and shall be
charged at ADP's then current rates: a) Damage, defects or malfunctions
resulting from misuse, accident, neglect, tampering, unusual physical or
electrical stress, or causes other than normal or intended use; b) Failure
of the Client to provide and maintain a suitable installation environment;
c) Any alterations made to or any devices not provided by ADP attached
to the Equipment; and d) Malfunctions resulting from use of badges or
supplies not approved by ADP.
(iv) E. Certain terms in this Agreement apply only if Client leases Equipment
and certain terms apply only if Client purchases Equipment. If Client
initially leases Equipment and subsequently purchases and pays for such
Equipment, , the terms herein applicable to purchased Equipment shall
thereafter apply to the Equipment purchased by Client in lieu of the terms
herein applicable to leased Equipment.
8. Return on Termination.
Immediately upon termination or cancellation of this Agreement, for any
reason whatsoever, Client shall, at its expense, return the TLM Products to ADP
in accordance with ADP's instructions. The Equipment shall be returned to ADP
in as good condition as received by Client, normal wear and tear excepted. In
the event the Equipment is not returned, Client agrees to purchase the
Equipment at prevailing manufacturer's suggested retail price. This Section 8
shall not apply to Equipment previously purchased and fully paid for by Client.
Online Access/Hosting
A. Client, and its authorized employees, may access TLM Products through
the internet or an intranet at a website (the "Site") hosted by ADP on behalf of
Client as provided herein in order to input information relating to its employees'
time and attendance and related information. Client acknowledges that ADP
does not review the accuracy or completeness of any submissions to the Site
made by Client or Clients employees. Client agrees that it is its sole
responsibility to submit information relating to the use of the TLM Products and
any associated ADP services and to verify the accuracy and completeness of
any information submitted by Client or its employees. Client acknowledges
that by submitting communications through the Site, no confidential, fiduciary,
and contractually implied or other relationship is created between ADP and
Client other than pursuant to this Agreement. In addition, Client acknowledges
that security of transmissions over the Internet cannot be guaranteed. In order
to access and use the Site, Client and its authorized users will be required to
provide a current username and password. Client will instruct its users to take
all actions necessary to maintain the privacy of their username and password,
including, without limitation, safeguarding their username and password in a
private and secure place. Client will instruct its authorized users that in the
event that they have reason to believe that an unauthorized third party has
TLM Ts and Cs Version 5
1/17/06
access to Client's account, they should promptly notify ADP. ADP is not
responsible for (i) Clients access to the Internet, (ii) interception or
interruptions of communications through the Internet, or (iii) changes or losses
of data through the Internet. In order to protect Clients data, ADP may
suspend Client's, or any of its authorized users' use of the TLM Products via
the Internet immediately, without notice, pending an investigation, if any
breach of security is suspected.
B. Web Hosting Services.
ADP shall:
i. Provide the hosting environment including the hardware and software
required to host the Site (the "System") and the operation and required
maintenance of such System. Client acknowledges that the System may
be used to provide similar services to other clients and that Client
acquires no rights therein.
ii. Deploy the TLM Products licensed by the Client at a Uniform Resource
Locator (URL) to be selected, registered and owned by ADP.
iii. In the event that ADP discovers and/or Client reports to ADP through its
support line that the System is experiencing an outage or that the TLM
Products are experiencing operational issues, work diligently to resolve
such issues as soon as possible, giving priority to outages and significant
operational issues.
iv. Use commercially reasonable efforts to make the System available at
least 99.5% of the time, for the hours of availability specified in Section 9
B (v) ("Hours of Availability"), except for scheduled maintenance and any
loss or interruption of the System due to causes beyond the control of
ADP or which are not reasonably foreseeable by ADP, including, but not
limited to, interruption or failure of telecommunication or digital
transmission links, internet slow downs or failures or unauthorized
intrusions. In order to perform required System maintenance, the
System will not be available (a) for hours excluded from the Hours of
Availability and (b) upon notice to the Client, for one 6 -hour period on an
occasional weekend as required by any infrastructure change. ADP
Customer Support will notify the Client of unscheduled System downtime
as soon as practicable. If the System experiences unscheduled
downtime, ADP will work diligently to correct the problem until it is
resolved and the System is made available.
v. ADP shall be responsible for establishing and maintaining a secure
environment for the Site and the System, which shall include physical
security, logical security (including firewalls, encryption and password
access control), and intrusion detection. Hours of Availability for any
hosted products are as follows:
Product Hours of Availability
Enterprise eTIME 3:00am — 1:00am Monday through Saturday Eastern Time;
4:00am — 1:00am Sunday Eastern Time,
excluding ADP Holidays and on the second and fourth
Wednesdays of each month from 11:00 PM through 5:00
AM Eastern Time
ezLaborManager 24X7 except Sunday 12am to 6am Eastern Time
Hosted eTIME 1:00am to 11:00pm, Central Time, through Sunday
eTIMEphone 1:00am to 11:00pm, Central time, Monday through Sunday
30. Warranty.
A. ADP represents and warrants to Client that the Equipment shall be free from
defects in material and workmanship at the Warranty Commencement Date (as
defined in Section 6) thereof and for 90 days thereafter.
B. EXCEPT AS SPECIFICALLY PROVIDED, THE EQUIPMENT IS PROVIDED "AS
IS" AND NEITHER ADP NOR ITS LICENSORS MAKE ANY WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
11. Confidentiality
All Confidential Information disclosed hereunder will remain the exclusive and
confidential property of the disclosing party. The receiving party will not
disclose the Confidential Information of the disclosing party and will use at
least the same degree of care, discretion and diligence in protecting the
Confidential Information of the disclosing party as it uses with respect to its
own confidential information. The receiving party will limit access to
Confidential Information to its employees and authorized representatives with
a need to know and will instruct them to keep such information confidential.
Notwithstanding the foregoing, the receiving party may disclose Confidential
Information of the disclosing party (a) to the extent necessary to provide the
services covered by this Agreement, provided that any disclosure to a third
party is made in confidence if such disclosure was not requested by the
disclosing party, (b) to the extent necessary to comply with any law, rule,
regulation or ruling applicable to it, (c) as appropriate to respond to any
summons or subpoena or in connection with any litigation, (d) relating to a
specific employee, to the extent such employee has consented to its release,
Page 2 of 3
001501
(e) to any affiliate of the disclosing party covered by this Agreement and (f) to
the extent necessary to enforce its rights under this Agreement. Upon the
request of the disclosing party, the receiving party will return or destroy all
Confidential Information of the disclosing party that is in its possession.
Notwithstanding the foregoing, ADP may retain information for regulatory
purposes or in back-up files, provided that ADP's confidentiality obligations
hereunder continue to apply.
For purposes of this Section, "Confidential Information" shall mean: all
information of a confidential or proprietary nature provided by the disclosing
party to the receiving party for use in connection with the TLM Products but
does not include (i) information that is already known by the receiving party,
(ii) information that becomes generally available to the public other than as a
result of disclosure by the receiving party in violation of this Agreement, and
(iii) information that becomes known to the receiving party from a source other
than the disclosing party on a non -confidential basis. Confidential Information
of ADP also includes all ADP trade secrets, processes, proprietary data,
information or documentation related thereto, or any pricing or product
information furnished to Client by ADP. Confidential Information of Client also
includes all personally identifiable payroll and employee -level data.
12. Limitation of Liability.
A. ADP's sole obligation in case of any breach of its representations and
warranties set forth in Section 10(A) shall be to correct, repair or replace, at
ADP's option, any defective items. ADP's aggregate liability under this
Agreement during any calendar year for damages (monetary or otherwise)
under any circumstances for claims of any type or character made by Client or
any third party arising from or related to TLM Products will be limited to the
lesser of (i) the amount of actual damages incurred by Client or (ii) the
average monthly charges for one month for the affected TLM Product. ADP
will issue Client a credit(s) equal to the applicable amount and any such
credit(s) will be applied against subsequent ADP service fees. The foregoing
limitation shall not apply to actual damages incurred by Client as a direct result
of the criminal, or fraudulent acts or willful misconduct of ADP or any of its
employees. The foregoing limitations shall be the extent of ADP's liability under
this Agreement; not withstanding the form of any claims made hereunder
(e.g., contract, negligence or otherwise), and shall constitute Clients sole
remedies.
B. ADP shall not be liable or deemed to be in default for any delay or failure to
perform under this Agreement or for interruption of service resulting, directly
or indirectly, from any cause beyond ADP's reasonable control.
C. IN NO EVENT WILL ADP OR CLIENT BE RESPONSIBLE FOR SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR
DAMAGES WHICH THE OTHER MAY INCUR OR EXPERIENCE ON ACCOUNT OF
ENTERING INTO OR RELYING ON THIS AGREEMENT INCLUDING, BUT NOT
LIMITED TO DAMAGES FOR BUSINESS EXPENSE, LOST DATA, MACHINE
DOWNTIME OR DAMAGE TO CLIENT OR CLIENTS CUSTOMERS CAUSED BY
ANY DEFICIENCY, DEFECT, ERROR OR MALFUNCTION IN THE EQUIPMENT,
EVEN IF ADP OR CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
13. Default by Client; Remedies Upon Default
If Client (i) defaults in the payment of any sum of money hereunder, (ii) fails to
install, remove, or disconnects the Equipment from Clients existing computer
system, (iii) defaults in the performance of any other of its obligations under
this Agreement, or (iv) commits an act of bankruptcy or becomes the subject
of any proceeding under the Bankruptcy Act or becomes insolvent, or if any
substantial part of Client's property becomes subject to any levy, seizure,
assignment, application or sale for or by any creditor or governmental agency,
then, in any such event, ADP, at its option may (a) terminate or suspend any
Clients access to the TLM Products, (b) terminate this Agreement, (c) whether
or not this Agreement is terminated, take immediate possession of the
Equipment, wherever situated, and for such purpose enter upon any premises
without liability for so doing, (d) sell, dispose of, hold, use or lease the
Equipment, as ADP in its sole discretion may decide, and (e) declare any and
all amounts due under this Agreement to be immediately due and payable
without further demand and may invoke any and all other remedies permitted
by applicable law. Client agrees to reimburse ADP for any and all expenses
ADP may incur, including interest, costs and reasonable attorneys' fees, in
taking any of the foregoing actions. The remedies set forth in clauses (c) and
(d) above shall not apply to any Equipment purchased and fully paid for by
Client. The remedies contained in this Section 13 are cumulative and in
addition to all other rights and remedies available to ADP under this
Agreement, by operation of law or otherwise.
14. Government Regulations and Manufacturer Requlrements.
Client will be responsible (i) for compliance with all laves, governmental
regulations and manufacturers' requirements affecting its business, and (ii) for
any use Client may make of the TLM Products to assist Client in complying with
such laws, governmental regulations, and manufacturers' requirements and
ADP shall not have any responsibility relating thereto (including, without
limitation, advising Client of Client's responsibilities in complying with any laws,
governmental regulations or manufacturers' requirements affecting Clients
business).
15. General.
A. Client acknowledges that it has not been induced to enter into this
Agreement by any representation or warranty not set forth in the Agreement.
This Agreement contains the entire agreement of the parties as to the TLM
Products and such Agreement supersedes all existing agreement and all other
oral, written or other communications between them concerning the \TLM
Products. Client hereby acknowledges that any and all representations made
by ADP and its employees, either orally or in writing, which are not specifically
included in the terms and conditions of this Agreement or in a written
addendum signed by an authorized officer of ADP are not material to this
Agreement and are not binding upon ADP. This Agreement shall not be
modified in any way except in a writing signed by both parties.
B. Neither parry may assign its rights, duties or obligations that arise under this
Agreement without the prior written consent of the other party. This
Agreement shall be binding upon and shall inure to the benefit of ADP and
Client and their respective successors and permitted assigns.
C. If any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality or enforceability of the remaining
provisions shall not be in any way be affected or impaired thereby.
D. All notices shall be in writing and shall be delivered or sent by recognized
courier or registered or certified mail, return receipt requested, to the
addresses indicated on the face hereof with an additional copy to Automatic
Data Processing, Inc., One ADP Boulevard, Roseland, N.J. 07068. Attention:
General Counsel, or to such other addresses as the parties shall specify by
notice given pursuant hereto.
E. The headings in this Agreement are intended for convenience of reference
only and shall not affect its interpretation.
F. The individuals executing this Agreement on behalf of ADP and Client each
hereby represent that they are duly authorized by all necessary action to
execute this Agreement on behalf of their respective principals. This
Agreement shall be governed by the laws of the State of New Jersey.
G. The terms of this Agreement are subject to any Additional Terms. In the
event of a conflict between the terms of this Agreement and such Additional
Terms, the documentation shall control in the following order, (1) the Appendix
or Appendices or Exhibits(s) to this Agreement, (2) this Agreement, and (3)
other Additional Terms.
H. The failure of either party at any time to enforce any right or remedy
available to it under this Agreement or otherwise with respect to any breach or
failure by the other party shall not be construed to be a waiver of such right or
remedy with respect to any other breach or failure by the other party.
I. The parties hereto expressly understand and agree that each party is an
independent contractor in the performance of each and every part of this
Agreement, is solely responsible for all of its employees and agents and its
labor costs and expenses arising in connection therewith.
J. With respect to the TLM Products covered hereby, ADP suppliers, vendors
and referral partners may enforce the same disclaimers and limitations against
Client as ADP may under Sections 10(B) and 12 of this Agreement. Other than
ADP suppliers, vendors and referral partners, who are intended third parry
beneficiaries with respect to Sections 10(B) and 12, nothing in this Agreement
creates, or will be deemed to create, third party beneficiaries of or under this
Agreement. ADP has no obligation to any third party (including, without
limitation, client's employees and/or any taxing authority) by virtue of this
Agreement.
ADP Inc Client
ADP Associate Client Authorization
Name Name
(Type or Rant) (Type or Prot)
Title Date Title Date
(Type or Rine) (Type or P_*
TLM Is and Cs Version 5 Page 3 of 3
1/17/06
001502
ADDENDUM
to
TIME & LABOR MANAGEMENT TERMS AND CONDITIONS
between
ADP, INC.
and
CITY OF MILTON, GEORGIA
This Addendum, made as of the day of , 2011, by and between ADP,
INC. ("ADP") with its principal office at One ADP Boulevard, Roseland, New Jersey 07068, and CITY
OF MILTON, GEORGIA having a principal place of business at 13000 Deerfield Parkway, Milton,
Georgia 30004 ("Client'), contains changes, modifications, revisions and additions to the Time &
Labor Management Terms and Conditions dated 2011 between ADP and
Client (the "Agreement').
In consideration of the mutual covenants contained in the Agreement and in this Addendum, and for
other good and valuable consideration, notwithstanding anything to the contrary in the Agreement,
ADP and Client agree as follows:
1. Section 1 of the Agreement, entitled "Scope of Agreement," is hereby amended by inserting
"the Services listed in the Sales Order all as further detailed in the description of services
attached thereto" between "Client' and ", in accordance with" in the first sentence.
2. Sec. 3.F.i. of the Agreement is hereby amended by inserting ", to the extent if any allowed by
law," between "Client shall' and "indemnify" in the second sentence.
3. Section 7D of the Agreement is hereby amended by deleting the seventh sentence that
reads: "Clients described in the preceding sentence must execute a waiver of maintenance
services as set forth in Appendix A."
4. Section F of the Agreement is hereby amended by deleting "New Jersey" and replacing it with
"Georgia".
All other terms and conditions of the Agreement shall remain in full force and effect. In the event of
any conflict between the terms and conditions of this Addendum and the terms and conditions of the
Agreement, this Addendum shall prevail. The terms defined in the Agreement and used in this
Addendum shall have the same respective meanings as set forth in the Agreement, unless clearly
otherwise defined in this Addendum.
IN WITNESS WHEREOF, this Addendum to the Agreement is hereby executed by an authorized
representative of each party hereto as of the date first above written.
ADP, INC.
0
CITY OF MILTON, GEORGIA
By:
Name: Na
Title: Service Center DVP** Title:
**NOTE: ONLY THE SERVICE CENTER DVP OR DESIGNATED CONTROLLER OF THE
AFFECTED REGION IS AUTHORIZED TO EXECUTE THIS ADDENDUM ON BEHALF OF ADP.
001503
CLIENT ACCOUNT AGREEMENT AND AUTHORIZATION TO DEBIT/CREDIT - MAJORS
CLIENT NAME BRANCH CO. COD
ADDITIONAL APPLICABLE COMPANY CODES
CLIENT agrees to one of the debit methods listed below for collection of (1) payroll tax and/or sales and use tax obligations related to ADP's Tax Filing Services,
(2) payroll obligations related to ADP's TotalPay/TotalPay Plus, FSDD, ADPCheck, TotalPay Card and/or Instant Pay Services, (3) wage garnishment deduction
amounts related to ADP's WGPS Services, (4) business tax deposit obligations related to ADP's Electronic Business Tax Services (5) applicable deferrals of
compensation, participant loan repayments, and employer matching or other contributions under any plan (if CLIENT receives ADP's 401(k) Services), and/or (6)
the applicable fees for ADP's services. Such debits will be initiated by ADP, Inc. ("ADP") out of CLIENT's applicable account specified below (the "DDA Account")
at the financial institution specified below ("BANK"). If the CLIENT executes (or has already executed) a valid debit/credit authorization specifically for ADP's 401(k)
and/or sales and use tax services, then the terms of such authorization shall govern with respect to those specific ADP services and this authorization shall be of
no force or effect.
DEBIT METHOD (Check Applicable Box): NOTE. (ACH method will be used to collect all service fees)
ACH or PRE -AUTHORIZED DRAFT
BANK is authorized to charge the DDA ACCOUNT in accordance with the ACH
BANK Transit/ABA #
provisions on the back of this Agreement. NOTE. CLIENT electing ACH or PRE -
O Payroll Taxes O FSDD' O ADPCheck'
AUTHORIZED DRAFT may be contacted by an ADP representative to make
O EBTS O WGPS O Pay by Pay OOther
arrangements for a wire transfer of funds for impounds exceeding the
established dollar limit for processing by ACH or PRE -AUTHORIZED DRAFT.
Such dollar limit shall be determined by ADP in its sole discretion
REVERSE WIRE
ADP will initiate a request for a wire transfer of funds from the DDA ACCOUNT in
accordance with the Reverse Wire provisions on the back of this Agreement.
17 Payroll Taxes O FSDD* O ADPCheck'
O EBTS O WGPS O Pay by Pay OOther
If payroll is subject to IAT reporting, Debit Method MUST BE Reverse Wire
❑ REVERSE WIRE (Over ACH Dollar Limit)
In the event a single impound exceeds the established threshold for ACH
processing, CLIENT agrees that ADP may initiate a request for a wire transfer of
O Payroll Taxes O FSDD* O ADPCheck*
funds from the DDA ACCOUNT in accordance with the Reverse Wire instructions on
O EBTS O WGPS O Pay by Pay OOther
the back of this Agreement.
BANK INFORMATION: *(FSDD & ADPCheck funds must be debited from the same account)
0 Payroll Taxes 0 Fees for Services 0 TotalPa
0 FSDD* 0 ADPCheck* 0 EBTS 0 WGPS 0 Other
BANK Transit/ABA #
BANK Account #
BANK Name
BANK Contact
BANK Address
BANK Phone
0 Payroll Taxes 0 Fees for Services 0 TotalPa
0 FSDD* 0 ADPCheck* 0 EBTS 0 WGPS 0 Other
BANK Transit/ABA #
BANK Account #
BANK Name
BANK Contact
BANK Address
BANK Phone
0 Payroll Taxes 0 Fees for Services 0 TotalPa
0 FSDD* 0 ADPCheck* 0 EBTS 0 WGPS 0 Other
BANK Transit/ABA #
BANK Account #
BANK Name
BANK Contact
BANK Address
BANK Phone
COMPLETE THIS SECTION ONLY IF FSDD, ADPCHECK, OR TOTALPAY 15 INDICATED ABOVE: reoeral IU 1;
Est. Net Payroll: FSDD Start Date: ADPCheck Start Date:
ADPCheck Partner Bank: State (Primary State In Which checks Will be Cashed):
In consideration of BANK's compliance with this authorization, CLIENT agrees that BANK's treatment of any charge, and BANK's rights with respect thereto, shall
be the same as if the charge were initiated personally by CLIENT, and that if any charge is dishonored, whether with or without cause, BANK shall be under no
liability whatsoever. In addition, CLIENT authorizes ADP to credit the DDA ACCOUNT when necessary, at ADP's sole discretion, for any refund or credit
amount due CLIENT.
In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any Price Quotation, Sales Order, National
Account Agreement, or ADP Terms and Conditions attached to any proposal given to CLIENT, this Agreement shall control.
This authorization shall remain in effect unless and until revoked in writing by an authorized representative of CLIENT and until BANK and ADP have each
received such notice and have had reasonable time to act upon such notice.
CLIENT Signature
Date 01/24/11
CLIENT Representative Name & Title (Must be an
aumorized signatory on The accounts listed at5ove)
TX6925 (01/10) T&FSHRD-810-040109
001504
ACH or PRE -AUTHORIZED DRAFT
CLIENT understands that funds representing the total of (i) CLIENT's payroll tax obligations for the applicable payroll (if CLIENT receives ADP's Tax Filing
Service), (ii) CLIENT's wage payment obligations for the applicable payroll (if CLIENT receives ADP's TotalPay, FSDD and/or ADPCheck Services), (iii) CLIENT's
wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll (if CLIENT receives ADP's WGPS Services), (iv) CLIENT's
electronic business tax deposit obligations (if CLIENT receives ADP's Electronic Business Tax Services), and (v) ADP's fees for such Services must be on deposit
in the applicable DDA Account no later than (a) one banking day prior to the pay date for the applicable payroll (in the case of the Tax Filing Services, WGPS
Services, TotalPay Services, FSDD Services, ADPCheck Services, TotalPay Card Services, and/or Instant Pay Services), (b) one banking day prior to the due
date of the applicable electronic business tax deposits (in the case of the Electronic Business Tax Services) or (c) the date specified in the "Advice of Debit" or
"Advice of Charge" periodically delivered to CLIENT after such services are rendered (in the case of ADP's Services Fees). ADP will initiate a transfer of such
funds out of such DDA Account on such date.
REVERSE WIRE
CLIENT understands that funds representing the total of (i) CLIENT's payroll tax obligations for the applicable payroll (if CLIENT receives ADP's Tax Filing
Service), (ii) CLIENT's wage payment obligations for the applicable payroll (if CLIENT receives ADP's TotalPay, FSDD and/or ADPCheck Services, (iii) CLIENT's
wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll (if CLIENT receives ADP's WGPS Services), (iv) CLIENT's
electronic business tax deposit obligations (if CLIENT receives ADP's Electronic Business Tax Services) must be on deposit in the applicable DDA Account no
later than (a) one banking day prior to the pay date for the applicable payroll (in the case of the Tax Filing Services), (b) two banking days prior to the pay date for
the applicable payroll (in the case of WGPS Services, TotalPay Services, FSDD Services, ADPCheck Services, TotalPay Card Services, and/or Instant Pay
Services) or (c) two banking days prior to the due date of the applicable electronic business tax deposits (in the case of the Electronic Business Tax Services).
ADP will cause such funds to be wire transferred from the DDA Account to one of the applicable accounts listed on the table below (unless and until changed by
notice from ADP).
In consideration for the additional costs incurred by ADP in providing wire transfer service, CLIENT agrees to pay a reasonable fee (currently $10.00) for each wire
transfer.
DIRECT WIRE FOR EXCEPTION PROCESSING
(Under certain conditions, CLIENT may be required to wire transfer funds to ADP prior to ADP disbursing funds to a third party).
CLIENT agrees to wire transfer to ADP funds representing the total of (i) CLIENT's payroll tax obligations for the applicable payroll (if CLIENT receives ADP's Tax
Filing Service), (ii) CLIENT's wage payment obligations for the applicable payroll (if CLIENT receives ADP's TotalPay, FSDD and/or ADPCheck Services), (iii)
CLIENT's wage garnishment deduction obligations with respect to CLIENT's employees for the applicable payroll (if CLIENT receives ADP's WGPS Services), (iv)
CLIENT's electronic business tax deposit obligations (if CLIENT receives ADP's Electronic Business Tax Services) and (iv) ADP's fees for such Services. Such
wire transfers must be completed no later than (a) one banking date prior to the pay date for the applicable payroll (in the case of the Tax Filing Services), (b) two
banking days prior to the pay date for the applicable payroll (in the case of the WGPS Services, TotalPay Services, FSDD Services, ADPCheck Services,
TotalPay Card Services, and/or Instant Pay Services), (c) two banking days prior to the due date of the applicable electronic business tax deposits (in the case of
the Electronic Business Tax Services) or (d) the date specified in the "Advice of Debit" or "Advice of Charge" periodically delivered to CLIENT after such Services
are rendered (in the case of ADP's Services Fees). All funds are to be wire transferred by CLIENT as instructed by ADP to one of the accounts located at the
banks listed on the table below (unless and until changed by notice from ADP).
In consideration for the additional costs incurred by ADP in providing wire transfer service, CLIENT agrees to pay a reasonable fee (currently $10.00) for each wire
transfer.
TotalPay
FSDD. ADPCheck. WGPS
BANK
ABA
DDA
DESCRIPTION
JP Morgan Chase
021000021
323269036
Reverse Wire Impound
JP Morgan Chase
021000021
323375847
Direct Wire
Deutsche Bank
021001033
00416217
Reverse Wire Impound
Deutsche Bank
021001033
00412283
Direct Wire
Tax
BANK
ABA
DDA
DESCRIPTION
JP Morgan Chase
021000021
9102628675
Reverse Wire Impound
JP Morgan Chase
021000021
9102628675
Direct Wire Impound
Deutsche Bank
021001033
00153170
Reverse Wre Impound
Deutsche Bank
021001033
00153170
Direct Wire Impound
Workers Como
BANK
ABA
DDA DESCRIPTION
JP Morgan Chase
021000021
304939315 Reverse Wire Impound
NOTICE
CLIENT acknowledges that if sufficient funds are not available by the date required pursuant to the foregoing provisions of this Agreement, (1) CLIENT
will immediately become solely responsible for all tax deposits and filings, all employee wages, all wage garnishments, and all related penalties and
interest due then and thereafter, (2) any and all ADP Services may, at ADP's option, be immediately terminated, (3) neither BANK nor ADP will have any
further obligation to CLIENT or any third party with respect to any such Services and (4) ADP may take such action as it deems appropriate to collect
ADP's Services Fees.
CLIENT shall not initial* any ACH transactions utilizing ADP's services that constitute IAT transactions without first (i) notifying ADP of such transactions
in writing utilizing ADP's "Declax i of Intemationa,6ACH Transaction" form (or such other form as directed by ADP) and (ii) complying with the
requirements applicable to IAT transactions. ADP shall not be liable for any delay or failure in processing any ACH transaction due to CLIENT'S failure
to so notify ADPWCLIENT'S IAT transactions or CLIENT'S failure to comply with applicable IAT requirements.
TX6925 (01/10) T&FSHRD-810-040109
001505
ACH Debit Filters— ADP Company ID's
For various reasons, including fraud and asset protection within financial institutions, it is becoming more common that account
holders in the United States, in particular businesses, request that their bank set up a "debit filter' on their bank account. The
intention of the debit filter is to block all unauthorized ACH debit transactions to a specific account, making it less likely that an
account holder will incur fraud.
For ACH transactions that an account holder wants to be debited from their account, the account holder will give a listing of ACH
ID's to their bank, which will allow authorized debits to process. These debit transactions, or ACH ID's, are identified by a 10 digit
company ID.
ADP uses various banks to send debits to our client's accounts and has multiple company ID's attached to each of these accounts.
The reason for this is to ensure that debits are processed timely, and for disaster recovery purposes. For example, if a bank is
doing an upgrade to their system causing a delay, ADP will send a debit from a different account at a different bank.
ADP has no visibility of knowing if our clients have a filter set up on their account
If you have debit filters on your account, please forward the following Company ID's to your bank for set up. It is advisable that you
set up all ID's associated with the product(s) you are processing with ADP.
Bank
Bank of America
Bank of America
Bank of America
Bank of America
JP Morgan Chase
JP Morgan Chase
JP Morgan Chase
JP Morgan Chase
JP Morgan Chase
Harris
Harris
PNC
PNC
UBOC
UBOC
Wells Fargo
Wells Fargo
Wells Fargo
Products
Tax, FSDD, ADPCK, WGPS
Tax
Tax
Tax
Tax, FSDD, ADPCK, WGPS
Tax, FSDD, ADPCK, WGPS, FSA
Workers' Comp
Tax
WGPS
Tax, FSDD, ADPCK, WGPS
Tax
Tax, FSDD, ADPCK, WGPS
Tax
Tax, FSDD, ADPCK, WGPS
Tax
Tax, FSDD, ADPCK, WGPS
Tax
Tax
Domestic Company
ID IAT Company ID
9333006057
E133036745
1223006057
1941711111
V133036745
2223006057
W133036745
9333006057
E133036745
9666666606
H133036745
9555555505
G133036745
1223006057
U133036745.X133036745.Z133036745
3223006057
9333006057
0001600238
9333006057
1223006057
9333006057
1223006057
9333006057
1223006057
9095926526
E133036745
S133036745
E133036745
U133036745
E133036745
U133036745
E133036745
U133036745
Y133036745
If you have elected Direct Debit of Fees, you will also want to have the bank add the following ID's, so that this product's debits work
properly as well.
Bank of America DDF
JP Morgan Chase DDF
9223006057
9659605001
TX6925 (01/10) TBFSHRD-810-040109
001506
i �N
:;&1V
This form is required with each direct wire sent.
Fax to 909-394-6694
TX6925 (01/10) T&FSHRD-810-040109
ADP Wire Breakdown Form
Name of ADP Client:
Name of Company Sending Wire:
(Leave blank if client name and company are the same)
Date of Wire:
Master Company Code:
Client Contact Name:
Contact Phone Number:
Amount of Wire Request Sent to the Bank:
Payroll Invoices Included in Wire:
Br/Company Code Invoice Number
Product Type Check Date Amount
Total Amount of Payroll Invoices: $0.00
The amount of the wire request must match the amount reflected on the "Total Amount of Payroll Invoices" section.
Adjustment Invoices Included in Wire:
Br/Company Code Invoice Number
Product Type Check Date Amount
Total Amount of Adjustment Invoices: $0.00
This form is required with each direct wire sent.
Fax to 909-394-6694
TX6925 (01/10) T&FSHRD-810-040109
001507
HR & BENEFITS ADDENDUM
TO
MAJOR ACCOUNT SERVICE AGREEMENT
The following additional terms and conditions shall apply to the HR & Benefits services. This Addendum
supplements the terms and conditions of the ADP Major Accounts Agreement between City of Milton, Georgia
("Client") and ADP, Inc. ("ADP"). ADP shall provide the HR & Benefits Services listed in the Sales Order all
as further detailed in the description of services attached thereto.
HR & BENEFITS
A. Pursuant to the federal Health Insurance Portability and Accountability Act, Public Law 104-191
("HIPAA"), the Health Information Technology for Economic and Clinical Health Care Act passed as
part of the American Recovery and Reinvestment Act of 2009 ("ARRA"), the U.S. Department of Health
and Human Services regulations entitled "Standards for Privacy of Individually Identifiable Health
Information " ("Privacy Rule"), Security Standards for the Protection of Electronic Protected Health
Information ("Security Rule") and the Breach Notification for Unsecured Protected Health Information
("Breach Notification Rule"), the services provided under HR & Benefits are subject to additional terms
and conditions located at htti)://www.adp.com/BAA which are incorporated herein and may be modified
from time to time and as required by law.
B. Client shall promptly deliver to ADP the Client Content as defined in Section G. below required by ADP
to perform initial setup services for HR & Benefits module. Such information and materials shall be in
an electronic file format specified by ADP.
C. Client shall begin paying the per employee fees for the HR & Benefits module on the earlier of the date
that Client first begins to use the module in a production environment OR ninety (90) days from the date
of the signature of this Agreement. (Client Initial Here)
D. After completion of initial setup services, ADP will make any subsequent changes to the configuration
of the Client Content at Client's request, in HR & Benefits module at ADP's then current benefits
maintenance fees.
E. Upon completion of any setup services or services referenced in Section D. above, Client shall review
the Client Content included in the HR & Benefits module by ADP. ADP shall have no liability to Client
for any errors or inaccuracies in Client Content included in the HR & Benefits module by ADP that has
been reviewed by Client.
F. If Client elects the ADP carrier connection service, ADP, or its authorized agent(s), will electronically
transmit employee data, including employee benefits enrollment data, to Client's carriers or other third
parties authorized by Client, and Client authorizes ADP and its authorized agent(s), to provide such
transmission on Client's behalf. Additionally, commencement of the carrier connection service is
subject to Client completing the configuration setup of Client Content and the format of such
transmission to the designated carriers. The terms for setup services and subsequent setup services
set forth in Sections B. and D. above will apply to setup for the carrier connection service. Further,
ADP's ability to transmit Client's employee benefits enrollment data is subject to the provision by the
designated carriers of a current functional interface between the HR & Benefits module and the
designated carriers' systems. ADP will not be obligated to transmit Client's data to the designated
carriers if at any time Client's designated carriers fail to provide the proper interface as described
above. If Client requires the development of any special interfaces in order to transmit such data to the
designated carriers, all work performed by ADP to create such interfaces will be at ADP's then current
fees for such services. Finally, Client is responsible for promptly reviewing all records of carrier
transmissions and other reports prepared by ADP for validity and accuracy according to Client's
records, and Client vvill notify ADP of any discrepancies promptly after receipt thereof. In the event of
an error or omission in the carrier connection services caused by ADP, ADP will correct such error or
omission, provided that Client promptly advises ADP of such error or omission.
G. "Client Content" shall mean (i) payroll, benefits, human resources and similar information provided by
Client or its employees or plan participants, including transactional information, (ii) Client's trademarks,
trade names, service marks, logos and designs and (iii) any other information or materials provided by
HRB Addendum version 7 Customized opening paragraph for City of Milton, Georgia
Customized 01/21/2011
Page 1 of 2
001508
Client, regardless of form (e.g., images, graphics, text, etc.), to be included in the HR & Benefits
module or any other web -based ADP Product (collectively, "ADP Internet Services"), whether included
therein by ADP on behalf of Client as part of its setup services or directly by Client or any of its
employees or plan participants. The following provisions shall apply with respect to Client Content:
i. Client shall be solely responsible for updating and maintaining the completeness and
accuracy of all Client Content.
ii. Client shall be responsible for obtaining all required rights and licenses to use and display all
Client Content in connection with ADP Internet Services. Client hereby grants to ADP for
formatting purposes only a non-exclusive, non -transferable license to use, edit, modify, adapt,
translate, exhibit, publish, reproduce, copy (including back up copies) and display the Client
Content as reasonably necessary to provide ADP Products or perform the Services covered
under this Agreement.
iii. Client and its employees and plan participants shall not include or provide to ADP for inclusion
in any ADP Internet Services any Client Content which is obscene, offensive, inappropriate,
threatening, malicious, which violates any applicable law or regulation or any contract, privacy
or other third -party right or which otherwise exposes ADP to civil or criminal liability. ADP
reserves the right to exclude or immediately remove from any ADP Internet Services any
Client Content which it determines in it sole discretion violates the previous sentence,
provided that ADP has no obligation to review or monitor the Client Content.
iv. Client acknowledges that, in making ADP Internet Services available, ADP is not acting as an
investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit
planner. ADP is not providing any benefits or information related thereto.
H. The Site(s) may contain links to other Internet sites. Links to and from a Site to other third -party sites
do not constitute an endorsement by ADP or any of its subsidiaries or affiliates of such third -party sites
or the acceptance of responsibility for the content on such sites.
I. In the event that Client requests that ADP provide any Client Content or employee or plan participant
information to any third party or to any non -U.S. Client location, Client represents that it has acquired
any consents or provided any notices required to transfer such content or information and that such
transfer does not violate any applicable international, federal, state or local laws and/or regulations.
ALL MATTERS COVERED IN THIS ADDENDUM, INCLUDING CLIENT'S USE OF THE MODULE, SYSTEM,
SITE AND ADP'S PROVISIONS OF HR & BENEFITS SERVICES ARE SUBJECT TO THE ADDITIONAL
TERMS AND CONDITIONS SET FORTH IN CLIENT'S MAJOR ACCOUNTS AGREEMENT WITH ADP. IN
THE EVENT OF CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS ADDENDUM AND THE
MAJOR ACCOUNTS AGREEMENT, THE TERMS AND CONDITIONS OF THIS ADDENDUM SHALL
CONTROL. ALL OTHER TERMS AND CONDITIONS OF THE CLIENT'S MAJOR ACCOUNTS AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT. The terms defined in the Major Accounts Agreement and
used in this Addendum shall have the same respective meanings as set forth in the Major Accounts
Agreement, unless clearly otherwise defined in this Addendum.
IN WITNESS WHEREOF, this Addendum to the Major Accounts Agreement is hereby executed by an
authorized representative of each party hereto as of the date first above written.
ADP AND CLIENT ACKNOWLEDGE AND AGREE TO THE FOREGOING. EACH PARTY REPRESENTS
THAT IT IS DULY AUTHORIZED TO EXECUTE THIS ADDENDUM.
ADP, INC.
By:
Name:
Title:
Date:
CITY OF MILTON, GEORGIA
By: _
Name:
Title:
Date:
HRB Addendum version 7 Customized opening paragraph for City of Milton, Georgia
Customized 01/21/2011
Page 2 of 2
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Deborah Harrell, Police Chief
Date: Submitted on March 1, 2011, 2011
Agenda Item: Approval for the execution of an M.O.U. with G.E.M.A. and G.B.I.
City Manager’s Office Recommendation:
Consent to the execution of an M.O.U. with G.E.M.A. and G.B.I. for the implementation of a
Rapid I.D. program funded by a Homeland Security Grant.
Background:
The Rapid I.D. system is a two-finger fingerprint identification solution that searches against a
centralized fingerprint database populated with arrests made in Georgia. The Rapid I.D. search
does not replace existing Live Scan AFIS process, but rather supplements it by moving
identification technology to the field.
Discussion
This project is inclusive of many agencies in the state, mostly in the metro-Atlanta area. The
grant money was awarded by G.E.M.A. and the G.B.I. without being applied for. The addition of
mobile identification devices in the field has the potential to assist officers in identifying wanted
subjects, or in identifying subjects giving false names.
Funding and Fiscal Impact:
The agency was awarded $21,350.53 to purchase the Rapid I.D. equipment. The agency will
only purchase the number of devices which can be covered in this amount including all
maintenance and connectivity for this first year. The next fiscal year may incur maintenance
agreement charges which are to be determined.
Alternatives:
Do not accept the $21,350.53 grant awarded by Homeland Security.
Concurrent Review:
Chris Lagerbloom, City Manager
Paul Higbee, Jarrard & Davis
1
Memorandum of Understanding
Page 1 of 10
MEMORANDUM OF UNDERSTANDING / AGREEMENT
REGARDING STATE USE OF
HOMELAND SECURITY GRANT FUNDING ON BEHALF OF
CERTAIN LOCAL UNITS OF GOVERNMENT
AMONG
STATE OF GEORGIA,
GEORGIA EMERGENCY MANAGEMENT AGENCY (GEMA),
GEORGIA BUREAU OF INVESTIGATION (GBI)
AND
CERTAIN LOCAL UNITS OF GOVERNMENT, TO-WIT,
ACWORTH POLICE DEPARTMENT
ALBANY POLICE DEPARTMENT
ALPHARETTA POLICE DEPARTMENT
ATHENS-CLARKE COUNTY POLICE DEPARTMENT
AUSTELL POLICE DEPARTMENT
AVONDALE ESTATES POLICE DEPARTMENT
BIBB COUNTY SHERIFF’S OFFICE
CARROLL COUNTY SHERIFF’S OFFICE
CHAMBLEE POLICE DEPARTMENT
CHATHAM COUNTY SHERIFF’S OFFICE
CHATTAHOOCHEE HILLS POLICE DEPARTMENT
CLARKE COUNTY SHERIFF’S OFFICE
COLLEGE PARK POLICE DEPARTMENT
COLUMBUS POLICE DEPARTMENT
CONYERS POLICE DEPARTMENT
DALTON POLICE DEPARTMENT
DECATUR POLICE DEPARTMENT
DEKALB COUNTY MARSHAL’S OFFICE
DORAVILLE POLICE DEPARTMENT
DOUGHERTY COUNTY SHERIFF’S OFFICE
DUNWOODY POLICE DEPARTMENT
EAST POINT POLICE DEPARTMENT
FAIRBURN POLICE DEPARTMENT
FAYETTE COUNTY MARSHAL’S OFFICE
FULTON COUNTY MARSHAL’S OFFICE
HAMPTON POLICE DEPARTMENT
HAPEVILLE POLICE DEPARTMENT
JOHNS CREEK POLICE DEPARTMENT
JONESBORO POLICE DEPARTMENT
KENNESAW POLICE DEPARTMENT
LAKE CITY POLICE DEPARTMENT
LILBURN POLICE DEPARTMENT
LITHONIA POLICE DEPARTMENT
LOCUST GROVE POLICE DEPARTMENT
LOVEJOY POLICE DEPARTMENT
LOWNDES COUNTY SHERIFF’S OFFICE
Memorandum of Understanding
Page 2 of 10
MACON POLICE DEPARTMENT
MARIETTA POLICE DEPARTMENT
MCDONOUGH POLICE DEPARTMENT
MILTON POLICE DEPARTMENT
MORROW POLICE DEPARTMENT
MUSCOGEE COUNTY SHERIFF’S OFFICE
NORCROSS POLICE DEPARTMENT
PALMETTO POLICE DEPARTMENT
PINE LAKE POLICE DEPARTMENT
POWDER SPRINGS POLICE DEPARTMENT
RICHMOND COUNTY SHERIFF’S OFFICE
ROSWELL POLICE DEPARTMENT
SAVANNAH-CHATHAM POLICE DEPARTMENT
SNELLVILLE POLICE DEPARTMENT
STONE MOUNTAIN POLICE DEPARTMENT
SUWANEE POLICE DEPARTMENT
TYRONE POLICE DEPARTMENT
UNION CITY POLICE DEPARTMENT
VALDOSTA POLICE DEPARTMENT
VILLA RICA POLICE DEPARTMENT
1. PARTIES. The parties to this Agreement are the State of Georgia, Georgia Emergency Management
Agency (GEMA) and the Georgia Bureau of Investigation (GBI) and the certain local units of
government listed above, located within the State of Georgia, (hereinafter referred to collectively as
“Local Parties.”)
2. AUTHORITY. This Agreement is authorized under the provisions of Ga. Const. Art. IX, Sect. III,
Para. I.
3. PURPOSE. The purpose of this Agreement is to set forth terms by which the State of Georgia shall
expend Homeland Security Grant Program funding on behalf of local governments located within the
State of Georgia. On September 17, 2010, the United States Department of Homeland Security issued
grant number 2010-SS-T0-0034 to the State of Georgia. Under this grant, the State of Georgia must
allocate grant funding to local units of government. Under this grant , the State of Georgia may retain
grant funding allocated to local units of government for expenditures made by the State on behalf of
local units of government with written consent specifying the amount of funds to be retained by the
state and the intended use of the funds.
4. RESPONSIBILITIES: The Local Parties have requested that the State of Georgia retain and expend
local share Homeland Security Grant Program funding on their behalf, collectively, for the local,
regional and statewide projects listed in Paragraph 5, Projected Costs in support of the state strategic
plan.
Georgia Emergency Management Agency, the State Administrative Agency, on behalf of the State of
Georgia, has agreed to allocate, retain and expend local share Homeland Security Grant Program
funding, either directly or via Georgia Bureau of Investigation and/or other agencies, departments,
divisions, contractors or subcontractors, for this project on behalf of the Local Parties, collectively, for
local, regional and statewide projects as specified in Paragraph 5, Projected Costs.
Memorandum of Understanding
Page 3 of 10
5. PROJECTED COSTS. The following is the preliminary and approximate overall cost breakdown of
the projects and total costs for which the Local Parties have requested that the State of Georgia retain
local funding and use on behalf of the Local Parties, collectively.
Project Description Total Local Funding
Biometric Fingerprinting Establish and enhance the
capability to obtain and use
Biometric Fingerprinting
$1,216,980.00
6. OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or
regulations of the State of Georgia or relevant local units of government. If a term of this agreement is
inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions
of this agreement shall remain in full force and effect.
7. EFFECTIVE DATE. The terms of this agreement will become effective upon the execution of this
agreement by the participating parties.
8. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties.
However, the Local Parties hereby consent to GEMA modifying this agreement by adding or removing
parties to this agreement without the prior written consent of any of the Local Parties.
9. TERMINATION. The terms of this agreement, as modified with the consent of all parties, will remain
in effect until the completion of the project identified in Paragraph 5, the expenditure of funding,
unless earlier terminated by any party. Any party, upon sixty (60) days’ written notice to the other
party, may terminate this agreement.
10. SIGNATURES. By signing this agreement, the signatories represent that they are authorized to sign
this agreement on behalf of their jurisdiction and to bind the jurisdiction to all terms of this agreement.
This agreement may be signed in counterpart.
AGREED AND APPROVED BY SIGNATORIES:
GEORGIA EMERGENCY
MANAGEMENT AGENCY
_______________________________ Date ___________________________
Charley English, Director
GEORGIA BUREAU OF
INVESTIGATION
_______________________________ Date ___________________________
Vernon M. Keenan, Director
Memorandum of Understanding
Page 4 of 10
ACWORTH POLICE DEPARTMENT
_________________________________ Date ___________________________
Michael Wilkie, Chief of Police
ALBANY POLICE DEPARTMENT
_________________________________ Date ____________________________
John A. Proctor, Chief of Police
ALPHARETTA POLICE DEPARTMENT
_________________________________ Date ____________________________
Gary D. George, Director of Public Safety
ATHENS-CLARKE COUNTY
POLICE DEPARTMENT
_________________________________ Date ____________________________
Joseph Lumpkin, Chief of Police
CITY OF AUSTELL
_________________________________ Date ____________________________
Joe Jerkins, Mayor
AVONDALE ESTATES
_________________________________ Date ____________________________
Clai Brown, City Manager
BIBB COUNTY
SHERIFF’S OFFICE
_________________________________ Date ____________________________
Jerry Modena, Sheriff
CARROLL COUNTY
SHERIFF’S OFFICE
_________________________________ Date ____________________________
Terry Langley, Sheriff
Memorandum of Understanding
Page 5 of 10
CHAMBLEE POLICE DEPARTMENT
_________________________________ Date ____________________________
R. Marc Johnson, Chief of Police
CHATHAM COUNTY SHERIFF’S OFFICE
_________________________________ Date ____________________________
Al St. Lawrence, Sheriff
CHATTAHOOCHEE HILLS
POLICE DEPARTMENT
_________________________________ Date ____________________________
Lewis Harper, Chief of Police
CLARKE COUNTY SHERIFF’S OFFICE
_________________________________ Date ____________________________
Ira Edwards, Jr., Sheriff
CITY OF COLLEGE PARK
_________________________________ Date ____________________________
Jack Longino. Mayor
CITY OF COLUMBUS
_________________________________ Date ____________________________
R.T. Boren, Chief of Police
CITY OF CONYERS
POLICE DEPARTMENT
_________________________________ Date ____________________________
Gene Wilson, Chief of Police
DALTON POLICE DEPARTMENT
_________________________________ Date ____________________________
Jason Parker, Chief of Police
Memorandum of Understanding
Page 6 of 10
DECATUR POLICE DEPARTMENT
_________________________________ Date ____________________________
J. Michael Booker, Chief of Police
DEKALB COUNTY
MARSHAL’S OFFICE
_________________________________ Date ____________________________
R.S. Mann, Marshal
DORAVILLE POLICE DEPARTMENT
_________________________________ Date ____________________________
John King, Chief of Police
DOUGHERTY COUNTY
SHERIFF’S OFFICE
_________________________________ Date ____________________________
Kevin Sproul, Sheriff
DUNWOODY POLICE DEPARTMENT
_________________________________ Date ____________________________
Billy Grogan, Chief of Police
CITY OF EAST POINT
_________________________________ Date ____________________________
Earnestine Pittman, Mayor
CITY OF FAIRBURN
_________________________________ Date ____________________________
Mario Avery, Mayor
FAYETTE COUNTY
MARSHAL’S OFFICE
_________________________________ Date ____________________________
Ed Collins. Chief Marshal
Memorandum of Understanding
Page 7 of 10
FULTON COUNTY
MARSHAL’S OFFICE
_________________________________ Date ____________________________
Antonio R. Johnson, Marshal
HAMPTON POLICE DEPARTMENT
_________________________________ Date ____________________________
James “Rad” Porter, Chief of Police
HAPEVILLE POLICE DEPARTMENT
_________________________________ Date ____________________________
Richard M. Glavosek, Chief of Police
JOHNS CREEK
POLICE DEPARTMENT
_________________________________ Date ____________________________
Ed Densmore, Chief of Police
JONESBORO POLICE DEPARTMENT
_________________________________ Date ____________________________
Franklin Allen, Chief of Police
KENNESAW POLICE DEPARTMENT
_________________________________ Date ____________________________
William Westenberger, Chief of Police
LAKE CITY POLICE DEPARTMENT
_________________________________ Date ____________________________
David Colwell, Chief of Police
CITY OF LILBURN
_________________________________ Date ____________________________
Bill Johnsa, City Manager
Memorandum of Understanding
Page 8 of 10
LITHONIA POLICE DEPARTMENT
_________________________________ Date ____________________________
Kennis Harrell, Chief of Police
LOCUST GROVE POLICE DEPARTMENT
_________________________________ Date ____________________________
Jesse Patton, Chief of Police
LOVEJOY POLICE DEPARTMENT
_________________________________ Date ____________________________
Mark Harris, Chief of Police
LOWNDES COUNTY
SHERIFF’S OFFICE
_________________________________ Date ____________________________
Chris Prine, Sheriff
MACON POLICE DEPARTMENT
_________________________________ Date ____________________________
Mike Burns, Chief of Police
MARIETTA POLICE DEPARTMENT
_________________________________ Date ____________________________
Dan Flynn, Chief of Police
McDONOUGH POLICE DEPARTMENT
_________________________________ Date ____________________________
Preston Dorsey, Chief of Police
MILTON POLICE DEPARTMENT
_________________________________ Date ____________________________
Deborah Harrell, Chief of Police
Memorandum of Understanding
Page 9 of 10
MORROW POLICE DEPARTMENT
_________________________________ Date ____________________________
Jeffery C. Baker, Chief of Police
MUSCOGEE COUNTY SHERIFF’S OFFICE
_________________________________ Date ____________________________
John Darr, Sheriff
NORCROSS POLICE DEPARTMENT
_________________________________ Date ____________________________
Dallas Stidd, Chief of Police
PALMETTO POLICE DEPARTMENT
_________________________________ Date ____________________________
Luther J. Graham, Chief of Police
PINE LAKE POLICE DEPARTMENT
_________________________________ Date ____________________________
Sarai Y'Hudah-Green, Chief of Police
POWDER SPRINGS POLICE DEPARTMENT
_________________________________ Date ____________________________
L. Rick Richardson, Chief of Police
RICHMOND COUNTY SHERIFF’S OFFICE
_________________________________ Date ____________________________
Ronald Strength, Sheriff
ROSWELL POLICE DEPARTMENT
_________________________________ Date ____________________________
T. Edwin Williams, Chief of Police
Memorandum of Understanding
Page 10 of 10
SAVANNAH-CHATHAM METROPOLITAN
POLICE DEPARTMENT
_________________________________ Date ____________________________
Willie Lovett, Chief of Police
SNELLVILLE POLICE DEPARTMENT
_________________________________ Date ____________________________
Roy Whitehead, Chief of Police
STONE MOUNTAIN POLICE DEPARTMENT
_________________________________ Date ____________________________
Chauncey Troutman, Chief of Police
SUWANEE POLICE DEPARTMENT
_________________________________ Date ____________________________
Michael Jones, Chief of Police
TYRONE POLICE DEPARTMENT
_________________________________ Date ____________________________
Brandon Perkins, Chief of Police
UNION CITY POLICE DEPARTMENT
_________________________________ Date ____________________________
Lee Brown, Assistant Chief
VALDOSTA POLICE DEPARTMENT
_________________________________ Date ____________________________
Charles F. Simons, Chief of Police
VILLA RICA POLICE DEPARTMENT
_________________________________ Date ____________________________
Michael P. Mansour, Chief of Police
City of Milton
13000 Deerfield Parkway, Suite 107F Milton, GA 30004
To: Honorable Mayor and City Council
From: Robyn MacDonald, Community Development
Date: February 22, 2011
Agenda Item: RZ11-01 - To adopt the corrected City of Milton Zoning Map as
indicated on the Geographical Information System (GIS) including all zoning
actions prior to January 1, 2011 as shown on “Current Zoning Map Dated
January 2011”.
CMO (City Manager’s Office) Recommendation:
To approve the corrected City of Milton Zoning Map which includes all zoning actions prior to
January 1, 2011.
Background:
It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt
the Zoning Map by reference the document must be sufficiently identified, be made a public
record, be accessible to members of the public affected by it, and the adopting ordinance must
give notice of accessibility.
Discussion:
It is the Community Development Department’s responsibility to maintain both the zoning
ordinance and zoning maps (Sec 64-392 of the Zoning Ordinance) for the City of Milton. In
addition, at the beginning of each calendar year, Staff will check that all zonings from the prior
year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it
pertains to the zoning map, should not have any basis.
Staff notes that there have been no zoning actions in 2011 that would change the zoning map
included in the ordinance. The attached Zoning Map along with an adopting Ordinance is
included for your review.
Alternatives:
There are no recommended alternatives to this ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING
MAP DATED JANUARY 2011
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on March 21, 2011 at 6 p.m. as follows:
SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts
consistent with those zones or districts as shown on the “Current Zoning Map of the City of
Milton,” dated January 2011. Together with all explanatory matter thereon, is hereby adopted
by reference as a part of the City of Milton Zoning Ordinance;
SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning
Ordinance, Section 64-392, as adopted on March 21, 2011 is amended through this date;
SECTION 3. This Ordinance is effective March 21, 2011and;
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21st day of March, 2011.
_________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Page is too large to OCR.
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: March 9, 2011
Meeting Date: March 21, 2011
Agenda Item: Approval of a Revised Intergovernmental Agreement between the City of
Milton and Fulton County Board of Education for the Use of Cogburn Woods Elementary
School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Due to the lack of parks and recreation facilities currently
available in Milton, the City has elected to enter into agreements with Fulton County Board of
Education for the use of facilities at various schools here in Milton.
Discussion:
We began discussions with FCBE regarding the use of various schools last June. They have been
through a long process of consolidating and simplifying their IGA process with several cities
throughout Fulton County. Due to this revamping, it has taken several months to reach the
point of a finalized template for IGAs between the City of Milton and FCBE. We have now
reached a mutually agreed upon template and will begin with IGAs for the use of three schools
including Cogburn Woods. Other IGAs are still being discussed.
The standard IGA will be for a term of five years with the City agreeing to make certain
improvements, most in year one, and maintaining spaces at the schools. Through these
agreements we will be able to secure field space for current and future programs as well as have
access to indoor space for select programs.
This IGA was approved by Mayor and Council initially on February 23, 2011. After a review by
FCBE risk management, they elected to add additional language that made that IGA null and
void.
Attachments:
A Revised Intergovernmental Agreement between the City of Milton and Fulton County Board
of Education for the Use of Cogburn Woods Elementary School
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean • Catherine
Maddox
Linda McCain • Katie Reeves
Cindy Loe, Ph.D., Superintendent
LAND MANAGEMENT
5270 Northfield Blvd., College Park, Georgia 30349 • 404-669-8980 • www.fultonschools.org
Cogburn Woods Elementary School
INTERGOVERNMENTAL AGREEMENT
THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day
of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “City”) and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “FCBE”).
Background Information
A. FCBE owns certain real property located at 13080 Cogburn Road, Milton, Ga (the
“Elementary School Property”), on which Cogburn Woods Elementary School (the
“Elementary School”) is located. The Elementary School Property is hereinafter
referred to as the “School Property.” The Elementary School is also referred to
herein as a “School.”
B. The Playing Field (exterior School Facilities) and Gymnasium and Cafeteria (interior
School Facilities) (the “Elementary School Facilities”) are located on the Elementary
School Property. The Elementary School Facilities hereinafter referred to as the
“School Facilities,” as identified on Exhibit A.1 and A.2.
C. FCBE and City desire to enter into this Agreement to provide for the joint use of the
School Facilities by FCBE and City.
Agreement
Now, therefore, in consideration of the premises and mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and FCBE hereby agree as follows:
1. Use of School Facilities by City. FCBE hereby grants the City the right to use the
School Facilities on the following terms and conditions:
a. FCBE expressly reserves priority to use the interior School Facilities for school
activities, including extracurricular activities, from 7:00 a.m. until 6:30 p.m., Monday
through Friday, during each Academic Year and reserves priority to use the exterior
School Facilities for school activities, including extracurricular activities, from 7:00 a.m.
until 5:30 p.m., Monday through Friday, during each Academic Year and during the Term
of the Agreement. FCBE and City expressly agree that during such times, the School
Facilities may be used for the activities of any Fulton County School. As used herein,
the term “Academic Year” shall be defined by FCBE on an annual basis.
b. City shall not have the right to use the School Facilities during Regular School Hours
unless the principal (the “Principal”) of the School on which such School Facilities are
located or his or her designee consents to such use in such Principal’s sole and absolute
discretion. As used herein, the term “Regular School Hours” shall mean the periods
from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic
Year during the Term of the Agreement.
c. City may request the use of the interior School Facilities after Regular School Hours
when FCBE has priority to use such interior School Facilities (i.e., from 3:00 p.m. until
6:30 p.m., Monday through Friday, throughout each Academic Year during the Term of
the Agreement) by notifying the Principal of the School on which such School Facilities
are located in writing not less than one week prior to the date City desires to use such
School Facilities. Such Principal shall use reasonable efforts to accommodate such
request.
City may request the use of the exterior School Facilities after Regular School Hours
when FCBE has priority to use such exterior School Facilities (i.e., from 3:00 p.m. until
5:30 p.m. Monday through Friday, throughout each Academic Year during the Term of
the Agreement) by notifying the Principal of the School on which such School Facilities
are located in writing not less than one week prior to the date City desires to use such
School Facilities. Such Principal shall use reasonable efforts to accommodate such
request. The City may enter onto the Playing Field thirty minutes prior for setup.
d. During each Academic Year, City shall have first priority use of the exterior School
Facilities Monday through Friday from 5:30 p.m. until dark and from 6:30 p.m. until
9:00p.m. for the interior School Facilities. The City shall have first priority use of the
School Facilities Saturdays from 9:00am until 5:00pm, and Sundays from 12:00pm until
5:00pm. City shall also have first priority use of the School Facilities during the Non-
Academic Year, defined as the time between the end of each Academic Year and the
beginning of the next Academic Year. Notwithstanding, the City acknowledges as a
result of or due to any emergency, evacuation and/or any other unexpected event,
activity and/or occurrence, the Principal shall have first priority superseding any
scheduled or non-scheduled City or third party activity and or event during either the
Academic School Year or Non-academic School Year. The times for use of the School
Facilities during the Non-Academic Year shall be the same as times for use during the
Academic Year. The City may request additional time for the use of the School Facilities
during the Non-Academic Year through the School’s Principal. The Principal shall use
reasonable efforts to accommodate such request.
The City may request to use a classroom for a summer camp during the Non Academic
Year for a period of time which shall be mutually agreed upon by both the Principal and
the City. The City will pay the rental charge on an hourly basis pursuant to the Facility
Use Fee Schedule referenced in Exhibit C.
Notwithstanding, City acknowledges that the Principal may schedule special events to
be held during the Academic Year and Non-Academic Year while City has first priority
use, whereas City will accommodate such scheduled events as long as proper notice of
30 days is given by the Principal to the City.
FCBE and the City shall determine a mutually agreed upon period of rest for the multi-
purpose field for a period of no less than thirty (30) consecutive days during the Non-
Academic Year in order to maintain the quality of the turf.
e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School
Facilities during times when City has first priority to use such School Facilities as
described above by notifying City in writing not less than one week prior to the date
FCBE desires such School Facilities. City shall use reasonable efforts to accommodate
such requests. FCBE and City expressly agree that during such times, the School
Facilities may be used for the activities of any Fulton County School.
f. City and FCBE acknowledge that non-City sponsored groups may, from time to time,
request the use of the School Facilities or have the right to request the use of the School
Facilities. Such groups may be permitted to use the School Facilities provided that (a)
such groups qualify, in FCBE’s or its representative’s sole discretion, to use the School
Facilities under FCBE’s policy governing use of School Facilities; (b) both FCBE and
City deem the proposed activity to be an appropriate use of the School Facilities; (c) the
use does not interfere in any way with the conduct of school activities, including but not
limited to, after-school athletic and other extracurricular activities of whatever nature of
any Fulton County School; (d) the use does not interfere in any way with the conduct of
City’s recreational activities; (e) the activity does not conflict with any previously
scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order
to maintain the quality of any turf located on any of the School Facilities, and (g) such
non-City sponsored groups agree in writing to the following: (g.1 )provide supervisory
and security personnel to properly maintain the order and discipline when the School
Facilities are being used by such groups; (g.2) vacate the School Facilities and remove
refuse promptly after each practice, game or other activity thereon; (g.3) if applicable,
secure and lock the School Facilities upon the completion of each practice, game or
other activity thereon; (g.4) maintain the exterior or interior School Facilities during the
period of use; and (g.5) pay the required “usage” fees, if any, as referenced in Exhibit C.
When non-City sponsored groups request the use of the School Facilities during the
times when City has the priority to use the School Facilities, City will use reasonable
efforts to accommodate such requests and will be responsible for scheduling such
activities, and City will promptly notify the Principal of the School on which such activities
will occur of each such request. The Principal will coordinate such scheduling when
non-City sponsored groups request to use the School Facilities during all times when
City does not have the first priority to use the School Facilities. The principal shall use
reasonable efforts to accommodate such request.
g. City shall (i) provide supervisory and security personnel to properly maintain order
and discipline when the School Facilities are being used by City; (ii) vacate the School
Facilities and remove refuse promptly after each practice, game or other activity thereon;
and (iii) if applicable, secure and lock the School Facilities upon completion of each
practice, game or other activity thereon.
h. City shall keep all motorized vehicles off grassed areas and public parking shall be
limited to designated areas only as directed by the Principal.
i. City’s use of the School Facilities is expressly subject to and conditional upon
City’s compliance with Fulton County Board of Education Policy KG and Procedure
KG, which Policy and Procedure are hereby incorporated into this Agreement as
referenced in Exhibit D. In the event of any conflict between the terms of this
Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control.
j. No food or drink with the exception of water shall be allowed in the interior School
Facilities.
2. Term of Agreement. This agreement shall be for a term commencing on the 1st day of
March, 2011, and ending on the 29th day of February, 2016, provided that the Board of
Education may cancel this agreement if City fails to timely remedy any non-compliance
with this Agreement within thirty days of written notice of FCBE’s intention to cancel the
Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this
Agreement.
The Intergovernmental Agreement shall not automatically renew. However, the City may
notify FCBE at least (90) days prior to the expiration of the term to request that the
Intergovernmental Agreement be renewed for an additional five (5) year term. The
Intergovernmental Agreement will only renew upon the written agreement of FCBE,
which shall be in FCBE’s sole discretion.
3. Consideration and Expenses. The parties agree that the mutual use of the School
Facilities by the parties is the consideration for the entry into this Agreement by both
parties and that no rent shall be payable for the use of the exterior School Facilities by
either FCBE or City; however, rent shall be payable by the City for the use of the interior
School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the
initial improvements as described in Exhibit B. The said initial improvements shall be
made by the City within the first year of the initial term, more specifically during the
period recognized as the Non-Academic Year and the said initial improvements shall be
completed prior to the next Academic year.
The City shall pay for all usage fees associated for the use of any interior and exterior
School Facilities. The usage fees shall be assessed on the basis of the Facility Use fee
schedule, as referenced in Exhibit C. The City acknowledges from time to time on a
periodic basis FCBE may change the Facility Use fee schedule which the City will abide
to such changes.
In addition, if FCBE incurs direct costs or expenses (other than maintenance costs,
which shall be governed by Section 5 below) solely as a result of the use of FCBE’s
School Facilities by the City (not including maintenance or utility expenses resulting from
the reasonable use of such School Facilities) upon FCBE being made aware of such
costs or expenses, FCBE shall notify the City of such costs or expense prior to the City’s
continued use of such School Facilities, and the City shall be required to reimburse
FCBE for such costs or expenses within thirty (30) days of the request.
4. Maintenance of School Facilities.
a. In addition to the obligations contained in subsection 1.g. above, during the
Academic Year, each party shall, at such party’s expense, maintain the School Facilities
in good condition and repair in relation to each party’s use of the School Facilities,
including without limitation the provision of routine custodial services and landscape
maintenance services and the repair and replacement of all equipment and
improvements located on the School Facilities.
City agrees that it will maintain and repair the irrigation systems for the Playing Field at
its own cost, which repairs and maintenance shall conform to FCBE specifications for
such irrigation systems, and agrees to keep them in good working order and in
compliance with all local codes. In addition, City shall pay for all water used for the
irrigation systems for the Playing Field during the term of this Agreement and any
renewal terms. If City shall tap into FCBE water line, City shall provide written notice of
such tap and connection to FCBE prior to making tap and connection. Such payment
shall be due within 60 days of receipt of invoice based upon an estimate of annual water
costs to be provided by FCBE or its designee with a final accounting (and payment or
refund) once the actual cost has been determined.
Periodic inspections may be performed by FCBE or its agents or employees of the field
improvements and / or field conditions. Any problems (and origin thereof, if identifiable)
are to be reported to the offices of the FCBE. FCBE shall provide notice to the City to
make the appropriate repairs and / or corrections to the field.
City shall maintain, at City’s sole expense, the Playing Field in a good and safe
condition. Maintenance shall include, but not be limited to, mowing the field on a routine
basis, fertilizing, re-seeding, and making such improvements as may be necessary or
reasonably requested by FCBE subject to those conditions noted in Paragraph 2.
As used herein, the term “routine custodial services” shall include without limitation, the
collection of litter and debris from the School Facilities; following each use, removal of
the contents of trash receptacles, and following each use, removal of hazardous items
from areas utilized or accessible to staff, students, or visitors. The City shall maintain an
adequate level of sanitary supplies as mutually agreed upon by the City and Principal.
b. Notwithstanding the terms of subsection 4.a. above, during the Term of the
Agreement, the City shall maintain the exterior School Facilities during the period of the
Non-Academic Year. The City shall also maintain the interior School Facilities, in
relation to its use of such School Facilities, during the Non-Academic Year.
c. The City shall not have the right to construct any improvements on the property
owned by FCBE without FCBE’s consent, which may be withheld in FCBE’s sole
discretion. During the Term, the City shall not demolish any of the School Facilities
located on FCBE’s property without the consent of FCBE hereto, which consent shall not
be unreasonably withheld, conditioned or delayed.
5. Utilities. The City shall pay all water and electricity charges for the maintenance of the
exterior School Facilities. FCBE shall pay all water and electricity charges for the interior
School Facilities.
6. Insurance. The City shall maintain a minimum of $1 million commercial general liability
(including bodily injury, property damage and fire legal liability) insurance with a $2
million general aggregate, shall maintain a minimum of $1 million automobile liability
insurance (CSL), and provide statutory Workers Compensation coverage with a
minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third
party using the School Facilities with the express, written consent of the City shall
maintain a minimum of $1 million commercial general liability(including bodily injury and
property damage) and automobile liability insurance coverage, with minimum policy limit
of $1 million per occurrence (CSL), and name FCBE and City as additional insureds.
For purposes of this Agreement, the phrase “third party using the School Facilities” shall
mean an entity, group, or individual other than an agent, employee, or elected or
appointed official of the City or the FCBE that receives written permission from the FCBE
or City to use the School Facilities for a function , event or program in a manner
substantively more intense than general public use, it being understood and agreed that
‘use of the School Facilities’ by the general public for general recreational purposes shall
not require acquisition of the insurance referenced immediately above. Any third party
performing building, construction, or public improvement projects on the School Facilities
with the express written consent of FCBE shall be required to maintain a minimum of $2
million commercial general liability (including bodily injury and property damage)
insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL)
naming both FBCE and City as additional insureds and provide statutory Workers
Compensation coverage with a minimum Employers Liability of $100,000 per accident,
$500,000 policy limit. Any third party performing building, construction or public
improvement projects on the School Facilities shall submit proof of insurance by
submitting a certificate of insurance prior to performing such work.
7. Liability. City shall be responsible for the acts and omissions of City and its agents,
contractors or employees. FCBE shall be responsible for the acts and omissions of
FCBE and its agents, contractors, or employees. Any third party using the School
Facilities shall be required to defend, indemnify and hold harmless FCBE and City and
their agents and employees against all costs, damages, or claims, whether for personal
injury
or property damage, arising out of any act or omission of such third party in connection
with its use of the School Facilities.
8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of
the Agreement by a casualty loss, FCBE may elect to rebuild or restore same to such
School Facilities. If such damage or destruction is due to the acts or omission while in
City’s care, custody and control, then FCBE may elect to rebuild or restore the damaged
or destroyed School Facilities subject to reimbursement by the City pursuant to the
terms of Section 7 above.
9. Condemnation. In the event all or any portion of the School Property is condemned by
any legally constituted authority for any public use or purpose, or sold under threat of
condemnation, then all condemnation awards or sales proceeds shall belong to the
owner of such condemned or sold property, and this Agreement shall terminate as to
such property on the date of such condemnation or sale. If a portion of the School
Property that contains all of the School Facilities is so condemned or sold then this
Agreement shall terminate on the date of such condemnation or sale.
10. Liens. No encumbrances, charges or liens against the School Facilities shall exist
because of any action or inaction by either party or such party’s independent
contractors. Each party shall discharge by bond or otherwise within ten (10) days of
notice of existence of any lien, encumbrance or other charge arising because of the
actions of such party.
11. Termination.
(a) Either party shall have the right to terminate this Agreement without cause upon
ninety (90) days prior written notice. If FCBE shall elect to terminate this agreement
prior to the end of the first year of the term, FCBE shall repay the City the partial cost
for the improvements in the amount of $5000 (Five Thousand Dollars). FCBE shall
have no further obligation to compensate City, including any compensation for any
remaining value of any improvements, and all improvements made by City or on City’s
behalf shall remain with the School Facilities.
(b) In the event either party defaults in the performance of any of its obligations under
this Agreement, the non-defaulting party shall, in addition to all other rights and remedies
available to such non-defaulting party at law or in equity, have the right to (i) provide
written notice to the defaulting party of the intention to terminate this Agreement within
(30) days of the written notice if such default is not remedied within the 30 days, or (ii)
cure such default at the expense of the defaulting party. The defaulting party, within ten
(10) days of the receipt of a statement for reimbursement, shall reimburse the other
party for any amount paid and any expense or contractual liability so incurred.
Notwithstanding the foregoing, if (i) such default is of such nature that it cannot
reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has
commenced its efforts to remedy such default within such thirty (30) day period and is
diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach
within sixty (60) days from the date it first receives notice of default from the non-
defaulting party, the non-defaulting party shall not have the right to terminate this
Agreement.
12. Expiration of Term.
a. Upon the expiration of the Term of the Agreement, all fixed and permanent
improvements upon the School Property shall remain the property of FCBE, free and
clear of all liens and encumbrances. Either party may remove portable improvements
made by such party. A listing of all portable improvements shall be prepared by such
party and approved by the other party prior to the removal of said improvements. Except
in connection with repairs or replacements, each party covenants not to destroy or
remove any improvements constructed (other than portable improvements) or equipment
placed upon the other party’s property, pursuant to this Agreement or otherwise, without
the written consent of the other party, which written consent may not be unreasonably
withheld, conditioned, or delayed.
b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the
other party’s Property. All keys held by a party for the School Facilities located on the
other party’s Property shall be returned to the other party within a reasonable time.
13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to
any other party shall be in writing and sent by (i) certified mail, return receipt required or
(ii) delivered personally, including by courier or expedited mail service, address as
follows (or at such address as may be specified from time to time in writing):
If to FCBE: Superintendent
Fulton County Board of Education
786 Cleveland Avenue, S.W.
Atlanta, Georgia 30315
With a copy to: David Knotts, Land Agent
Fulton County Board of Education
5270 Northfield Boulevard
College Park, Georgia 30349
If to City: Chris Lagerbloom
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107A
Milton, Ga 30004
All such notices hereunder shall be deemed to have been given on the date of delivery
or the date marked on the return receipt unless delivery is refused or cannot be made
because of any incorrect address provided by the addressee, in which case the date of
postmark shall be deemed notice has been given.
14. Miscellaneous.
a. This Agreement shall be construed as an intergovernmental contract, and no estate
shall pass out of FCBE or City. Neither party shall, without the prior written consent of
the other party, which consent may be withheld in the other party’s sole discretion,
assign its interest in this Agreement or any interest hereunder. Consent to any
assignment shall not destroy this provision and any later assignments shall be made
likewise only upon the prior written consent of the other party. Any assignee of either
party, at the option of the party, shall become directly liable to the other party for all
obligations of the assigning party hereunder, but no assignment by either party shall
relieve such party of any liability hereunder to the other party.
b. If either party is delayed, hindered or prevented from performing any act or thing
required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to
procure labor, materials or financing, failure or lack of utilities, governmental laws and
regulations, riots, insurrection, war, acts of God, inclement weather, or other causes
beyond the reasonable control of either party (“Force Majeure”), the delayed party shall
not be liable, and the period of performance of any such act shall be extended for a
period equivalent to the period of such delay, provided such party provides written notice
of such occurrence to the other party within ten (10) days of such occurrence. The
foregoing is inapplicable to the payment of money unless such delay is due to an act
arising after a party’s mailing which affects the physical delivery of the payment.
c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF
TOBACCO PRODUCTS ON THE SCHOOL FACILITIES OWNED BY THE OTHER
PARTY AT ANY TIME DURING ITS USE OF THE SCHOOL FACILITIES OWNED BY
THE OTHER PARTY.
d. This Agreement constitutes the sole and entire agreement between the parties hereto
as of the date hereof, and no modification of this Agreement shall be binding unless
attached hereto and signed by City and FCBE. No representation, promise, or
inducement not included in this Agreement shall be binding upon any party hereto.
e. Time is of the essence for each and every provision and stipulation of this
Agreement.
f. Each party acknowledges that this Agreement has been freely negotiated by both
parties, and that, in any controversy, dispute or contest over the meaning, interpretation,
validity or enforceability of this Agreement or any of its terms or conditions, there shall be
no inference, presumption, or conclusion drawn whatsoever against either party by virtue
of that party having drafted this Agreement or any portion thereof.
g. No action or failure to act by any party hereto shall constitute a waiver of any right or
duty afforded, to such party under this Agreement, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach of this Agreement except as
may be specifically agreed in writing.
h. This Agreement may be executed in any number of counterparts, each of which shall
be an original, but such counterparts shall together constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day
and year first above written.
CITY OF MILTON
By:________________________________ _______________________
Witness
Name: _________________
Title: _____ Notary Public
FULTON COUNTY BOARD OF EDUCATION
By:________________________ ______________________
Name: Patrick Burke Witness
Title: Chief of Operations
By:________________________ ______________________
Name: Cindy Loe Notary Public
Title: Superintendent
Exhibit A.1
Exhibit A.2
Exhibit B
Exhibit C
Exhibit D
Page is too large to OCR.
Exhibit B
The City shall make the following improvements:
The City shall install an irrigation system on the existing multi-purpose field, and seed
and / or sod the multi-purpose field on the School Facilities and install a water meter.
The City shall submit drawings of the improvements to FCBE for written approval prior to
commencement of construction of such improvements. The City shall furnish as-builts
following completion of the work.
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean
Catherine Maddox • Linda McCain •
Katie Reeves
Cindy Loe, Ph.D., Superintendent
FACILITIES SERVICES
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fultonschools.org
Rules Governing Use of Facilities by Outside Organizations
Outside Organizations shall follow these additional rules governing use of school facilities
1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion,
creed, sex, national origin or disability.
2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees
are not permitted to give their building keys to an outside organization.
3. General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage
is required. Worker’s Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed.
Fulton County Board of Education must be listed as an “Additional Insured” on the policy.
4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to
FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office.
5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and
only if such displays do not deface school property.
6. Adequate supervision, as approved by the Principal, must be present for activities involving children.
7. Parking is permitted only in designated areas.
8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes.
9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing.
10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments.
11. All activities must be orderly and lawful, and must comply with all federal, state and local laws.
12. Use of lighted athletic fields must end by 10:00 p.m.
13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall.
14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement.
The organization is responsible for cleanup for all areas used.
15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.
16. The use of tobacco products is prohibited in school facilities and on school property.
17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens
(System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference
rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel
may be required at the Principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case
basis.
18. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System
personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers,
technical or laboratory equipment.
19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in
consultation with the building supervisor.
20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the
electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility.
21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities.
23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement.
24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found.
25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three
working days prior to use.
Revised 2/7/11
FULTON COUNTY PUBLIC SCHOOLS
USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES
Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be
processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education.
1. Name of Organization ______________________________________________________________________________________________________
2. Responsible Representative __________________________________________________________________________________________________
Print name of authorized agent/representative Title
Address _________________________________________________________________________________________________________________
Phone (W) ________________________________ (H) ____________________________________ Fax ___________________________________
3. School Requested (name) __________________________________Type of Activity/Purpose ____________________________________________
4. Date (s) and Time Requested ____________________________________________________a.m. ______ p.m. UNTIL _____a.m. _______ p.m.
Areas to be Leased _________________________, ______________________, ______________________, _______________________________
5. Number of persons expected to attend _________________________________________________________________________________________
6. Organization’s Policy Number ________________________________Policy Limit (minimum $1 million coverage) $__________________________
Auto Liability Coverage (minimum $500,000 coverage) $___________________. Worker’s Compensation, if applicable $______________________
7. Do you want to charge an admission fee? If yes, in what amount? Adult $ ____________Child $___________ Other $________________________
NOTE: Prior approval of Rental Office is required in order to charge admission.
8. Will this activity be a fundraiser? _______If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination
letter to application.
9. Do you want to serve refreshments? _________NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and
beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served.
10. The Organization’s Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial _____
11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m.
FEE SCHEDULE
OTHER NOT - FOR - PROFIT YOUTH
LEASED AREAS
Mark
Leased
Area
with X
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00
Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00
Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00
Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00
PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00
Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00
Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00
Cafeteria, High School $46.00 $23.00 $24.00 $12.00
Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00
Theater/Auditorium $62.00 $31.00 $32.00 $16.00
Media Center, Elementary School $32.00 $16.00 $16.00 $8.00
Media Center, MS or HS $46.00 $23.00 $24.00 $12.00
Classroom $16.00 $8.00 $8.00 $4.00
Concession Stands $16.00 $8.00 $8.00 $4.00
Non-Stadium Field, no light use $24.00 $12.00 $12.00 $6.00
Non-Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00
Stadium Field, no light use $32.00 $16.00 $16.00 $8.00
Stadium Lighting adder $52.00 $26.00 $26.00 $13.00
Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00
Track, High School $32.00 $16.00 $16.00 $8.00
Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00
Parking Lot $16.00 $8.00 $8.00 $4.00
Teaching Museum $62.00 $31.00 $32.00 $16.00
STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup.
To be Completed by School: Custodial Time required? Yes ___No ___ Custodial Time = $35 per hour (includes fringe benefits).
Total Custodial Costs = Hours worked ______ x $35/Hr = $_________.
Technician (for Theatre) $28 per hour (includes fringe benefits). Security Personnel $40 per hour (includes fringe benefits).
ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit,
extraordinary utility use, and maintenance charge.
School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee $_____________________.
CHARGE FOR USE: Facility Fees $ ___________ + Staffing Fees $___________ + Additional Charges $____________= TOTAL CHARGES $ _______________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed
above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or
property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from
the organization’s use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use.
The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability
whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does
not intend to and does not hereby create any right of remedy in any third person.
_____________________________________________________ _________________________________________________________________
Organization Representative’s Signature Date Principal’s Signature Date
FULTON COUNTY BOARD OF EDUCATION
Reason for Denial: (If Applicable)
*Time Conflict __________ _________________________________________________________________
*Unsatisfactory previous experience w/group _______ Rental Office/Land Management Coordinator Date
*No employee available for security, custodial, etc. ___________
* Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the amount of
$_________per (check one) ____Day; ______Week; ________Month; _______Year
The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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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: March 9, 2011
Meeting Date: March 21, 2011
Agenda Item: Approval of a Revised Intergovernmental Agreement between the City of
Milton and Fulton County Board of Education for the Use of Hopewell Middle School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Due to the lack of parks and recreation facilities currently
available in Milton, the City has elected to enter into agreements with Fulton County Board of
Education for the use of facilities at various schools here in Milton.
Discussion:
We began discussions with FCBE regarding the use of various schools last June. They have been
through a long process of consolidating and simplifying their IGA process with several cities
throughout Fulton County. Due to this revamping, it has taken several months to reach the
point of a finalized template for IGAs between the City of Milton and FCBE. We have now
reached a mutually agreed upon template and will begin with IGAs for the use of three schools
including Hopewell Middle School. Other IGAs are still being discussed.
The standard IGA will be for a term of five years with the City agreeing to make certain
improvements, most in year one, and maintaining spaces at the schools. Through these
agreements we will be able to secure field space for current and future programs as well as have
access to indoor space for select programs.
This IGA was approved by Mayor and Council initially on February 23, 2011. After a review by
FCBE risk management, they elected to add additional language that made that IGA null and
void.
Attachments:
A Revised Intergovernmental Agreement between the City of Milton and Fulton County Board
of Education for the Use of Hopewell Middle School
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean • Catherine Maddox
Linda McCain • Katie Reeves
Cindy Loe, Ph.D., Superintendent
Land Management
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-669-8983 • www.fultonschools.org
Hopewell Middle School
INTERGOVERNMENTAL AGREEMENT
THIS LEASE AGREEMENT (the “Agreement”), made and entered into as of this ___ day
of _________, 2011, by and between the CITY OF MILTON, a municipal corporation of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “City”) and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the
State of Georgia acting by and through its authorized officials signing below (hereinafter referred
to as “FCBE”).
Background Information
A. FCBE owns certain real property located at 13060 Cogburn Road, Milton, Ga (the
“Middle School Property”), on which Hopewell Middle School (the “Middle School”) is
located. The Middle School Property is hereinafter referred to as the “School
Property.” The Middle School is also referred to herein as a “School.”
B. The Multi-Purpose Field, Baseball/Softball Field, Track, Outside Basketball Courts
and Tennis Courts (exterior School Facilities), Gymnasium and Cafeteria (interior
School Facilities) (the “Middle School Facilities”) are located on the Middle School
Property. The Middle School Facilities hereinafter referred to as the “School
Facilities,” as identified on Exhibit A.1 and A.2.
C. FCBE and City desire to enter into this Agreement to provide for the joint use of the
School Facilities by FCBE and City.
Agreement
Now, therefore, in consideration of the premises and mutual promises and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, City and FCBE hereby agree as follows:
1. Use of School Facilities by City. FCBE hereby grants the City the right to use the
School Facilities on the following terms and conditions:
a. FCBE expressly reserves priority to use the School Facilities for school activities,
including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through
Friday, during each Academic Year during the Term of the Agreement. FCBE and City
expressly agree that during such times, the School Facilities may be used for the
activities of any Fulton County School. As used herein, the term “Academic Year” shall
be defined by FCBE on an annual basis.
b. City shall have no right to use the School Facilities during Regular School Hours
unless the principal (the “Principal”) of the School on which such Facilities are located or
his or her designee consents to such use in such Principal’s sole and absolute
discretion. As used herein, the term “Regular School Hours” shall mean the periods
from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic
Year during the Term of the Agreement.
c. City may request the use of the School Facilities after Regular School Hours when
FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m.,
Monday through Friday, throughout each Academic Year during the Term of the
Agreement) by notifying the Principal of the School on which such Facilities are located
in writing not less than one week prior to the date City desires to use such Facilities.
Such Principal shall use reasonable efforts to accommodate such request.
d. During each Academic Year, City shall have first priority use of the exterior School
Facilities Monday through Friday from 5:30 p.m. until dark and from 5:30 p.m. until
9:00p.m. for the interior School Facilities. The City shall have first priority use of the
School Facilities Saturdays from 9:00am until 5:00pm, and Sundays from 12:00pm until
5:00pm. City shall also have first priority use of the School Facilities during the Non-
Academic Year, defined as the time between the end of each Academic Year and the
beginning of the next Academic Year. Notwithstanding, the City acknowledges as a
result of or due to any emergency, evacuation and/or any other unexpected event,
activity and/or occurrence, the Principal shall have first priority superseding any
scheduled or non-scheduled City or third party activity and or event during either the
Academic School Year or Non-academic School Year. The times for use of the School
Facilities during the Non-Academic Year shall be the same as times for use during the
Academic Year. The City may request additional time for the use of the School Facilities
during the Non-Academic Year through the School’s Principal. The Principal shall use
reasonable efforts to accommodate such request. The City may enter onto the Multi-
purpose Field thirty minutes prior for setup.
Notwithstanding, the City acknowledges that the Principal may schedule special events
to be held during the Academic Year and Non-Academic Year while City has first priority
use, whereas City will accommodate such scheduled events as long as proper notice of
30 days is given by the Principal to the City.
FCBE and the City shall determine a mutually agreed upon period of rest for the multi-
purpose field for a period of no less than thirty (30) consecutive days during the Non-
Academic Year in order to maintain the quality of the turf.
e. Notwithstanding subsection 1.d. above, FCBE may request the use of the School
Facilities during times when City has first priority to use such School Facilities as
described above by notifying City in writing not less than one week prior to the date
FCBE desires such Facilities. City shall use reasonable efforts to accommodate such
requests. FCBE and City expressly agree that during such times, the School facilities
may be used for the activities of any Fulton County School.
f. City and FCBE acknowledge that non-City sponsored groups may, from time to time,
request the use of the School Facilities or have the right to request the use of the School
Facilities. Such groups may be permitted to use the School Facilities provided that (a)
such groups qualify, in FCBE’s or its representative’s sole discretion, to use the School
Facilities under FCBE’s policy governing use of school facilities; (b) both FCBE and City
deem the proposed activity to be an appropriate use of the School Facilities; (c) the use
does not interfere in any way with the conduct of school activities, including but not
limited to, after-school athletic and other extracurricular activities of whatever nature of
any Fulton County School; (d) the use does not interfere in any way with the conduct of
City’s recreational activities; (e) the activity does not conflict with any previously
scheduled activities of City or FCBE; (f) reasonable periods of rest are observed in order
to maintain the quality of any turf located on any of the School Facilities, and (g) such
non-City sponsored groups agree in writing to the following: (g.1 )provide supervisory
and security personnel to properly maintain the order and discipline when the School
Facilities are being used by such groups; (g.2) vacate the School Facilities and remove
refuse promptly after each practice, game or other activity thereon; (g.3) if applicable,
secure and lock the School Facilities upon the completion of each practice, game or
other activity thereon; (g.4) maintain the exterior or interior School Facilities during the
period of use; and (g.5) pay the required “usage” fees, if any, as referenced in Exhibit C.
When non-City sponsored groups request the use of the School Facilities during the
times when City has the priority to use the School Facilities, City will use reasonable
efforts to accommodate such requests and will be responsible for scheduling such
activities, and City will promptly notify the Principal of the School on which such activities
will occur of each such request. The Principal will coordinate such scheduling when
non-City sponsored groups request to use the School Facilities during all times when
City does not have first priority to use the School Facilities. The principal shall use
reasonable efforts to accommodate such request.
g. City shall (i) provide supervisory and security personnel to properly maintain order
and discipline when the School Facilities are being used by City; (ii) vacate the School
Facilities and remove refuse promptly after each practice, game or other activity thereon;
and (iii) if applicable, secure and lock the School Facilities upon completion of each
practice, game or other activity thereon.
h. City shall keep all motorized vehicles off grassed areas at subject schools and public
parking shall be limited to designated areas only as directed by the Principal.
i. City’s use of the School Facilities is expressly subject to and conditional upon
City’s compliance with Fulton County Board of Education Policy KG and Procedure
KG, which Policy and Procedure are hereby incorporated into this Agreement as
referenced in Exhibit D. In the event of any conflict between the terms of this
Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control.
j. No food or drink with the exception of water shall be allowed in the interior School
Facilities.
2. Term of Agreement. This agreement shall be for a term commencing on the1st day of
March, 2011, and ending on the 29th day of February, 2016, provided that the Board of
Education may cancel this agreement if City fails to timely remedy any non-compliance
with this Agreement within thirty days of written notice of FCBE’s intention to cancel the
Lease Agreement, notwithstanding the terms of Sections 9, 11 and 14(b) of this
Agreement.
The Intergovernmental Agreement shall not automatically renew. However, the City may
notify FCBE at least ninety (90) days prior to the expiration of the term to request that
the Intergovernmental Agreement be renewed for an additional five (5) year term. The
Intergovernmental Agreement will only renew upon the written agreement of FCBE,
which shall be in FCBE’s sole discretion.
3. Consideration and Expenses. The parties agree that the mutual use of the Facilities
by the parties is the consideration for the entry into this Agreement by both parties and
that no rent shall be payable for the use of the exterior Facilities by either FCBE or City;
however, rent shall be payable by the City for the use of the interior Facilities.
Notwithstanding the foregoing, the City agrees that it shall make the initial improvements
as described in Exhibit B. The said initial improvements shall be made by the City within
the first year of the initial term, more specifically during the period recognized as the
Non-Academic Year and the said initial improvements shall be completed prior to the
next Academic year.
The City shall pay for all usage fees associated for the use of any interior and exterior
School Facilities. The usage fees shall be assessed on the basis of the Facility Use fee
schedule, as referenced in Exhibit C. The City acknowledges from time to time on a
periodic basis FCBE may change the Facility Use fee schedule which the City will abide
to such changes.
In addition, if FCBE incurs direct costs or expenses (other than maintenance costs,
which shall be governed by Section 5 below) solely as a result of the use of FCBE’s
Facilities by the City (not including maintenance or utility expenses resulting from the
reasonable use of such Facilities) upon FCBE being made aware of such costs or
expenses, FCBE shall notify the City of such costs or expense prior to the City’s
continued use of such Facilities, and the City shall be required to reimburse FCBE for
such costs or expenses within thirty (30) days of the request.
4. Maintenance of Facilities.
a. In addition to the obligations contained in subsection 1.g. above, during the
Academic Year, each party shall, at such party’s expense, maintain the School Facilities
in good condition and repair in relation to each party’s use of the Facilities, including
without limitation the provision of routine custodial services and landscape maintenance
services and the repair and replacement of all equipment and improvements located on
the Facilities.
City agrees that it will maintain and repair the irrigation systems for the Playing Field at
its own cost, which repairs and maintenance shall conform to Lessor’s specifications for
such irrigation systems, and agrees to keep them in good working order and in
compliance with all local codes. In addition, City shall pay for all water used for the
irrigation systems for the Playing Field during the term of this Agreement and any
renewal terms. If City shall tap into FCBE water line, City shall provide written notice of
such tap and connection to FCBE prior to making tap and connection. Payment shall be
due within sixty (60) days of receipt of invoice based upon an estimate of annual water
costs to be provided by FCBE or its designee with a final accounting (and payment or
refund) once the actual cost has been determined.
Periodic inspections may be performed of the field improvement by Lessor or its agents
or employees of the field improvements with any problems (and origin thereof, if
identifiable) to be reported to the offices of the FCBE.
Lessee shall maintain, at Lessee’s sole expense, the Playing Field in a good and safe
condition. Maintenance shall include, but not be limited to, mowing the field on a routine
basis, fertilizing, re-seeding, and making such improvements as may be necessary or
reasonably requested by Lessor subject to those conditions noted in Paragraph 2.
As used herein, the term “routine custodial services” shall include without limitation, the
collection of litter and debris from the Facilities; following each use, removal of the
contents of trash receptacles and, following each use, removal of hazardous items from
areas utilized or accessible to staff, students, or visitors. The City shall maintain an
adequate level of sanitary supplies as mutually agreed upon by the City and Principal.
b. Notwithstanding the terms of subsection 4.a. above, during the Term of the
Agreement, the City shall maintain the exterior School Facilities during the period of the
Non-Academic Year. The City shall also maintain the interior School Facilities, in
relation to its use of such Facilities, during the Non-Academic Year.
c. The City shall have no right to construct any improvements on the School Facilities
owned by FCBE without FCBE’s consent, which may be withheld in FCBE’s sole
discretion. During the Term, the City shall not demolish any of the facilities located on
FCBE’s property without the consent of FCBE hereto, which consent shall not be
unreasonably withheld, conditioned or delayed.
5. Utilities. The City shall pay all water and electricity charges for the maintenance of the
exterior School Facilities. FCBE shall pay all water and electricity charges for the interior
School Facilities.
6. Insurance. The City shall maintain a minimum of $1 million commercial general liability
(including bodily injury, property damage and fire legal liability) insurance with a $2
million general aggregate, shall maintain a minimum of $1 million automobile liability
insurance (CSL), and provide statutory Workers Compensation coverage with a
minimum Employers Liability of $100,000 per accident, $500,000 policy limit. Any third
party using the School Facilities with the express, written consent of the City shall
maintain a minimum of $1 million commercial general liability(including bodily injury and
property damage) and automobile liability insurance coverage, with minimum policy limit
of $1 million per occurrence (CSL), and name FCBE and City as additional insureds.
For purposes of this Agreement, the phrase “third party using the School Facilities” shall
mean an entity, group, or individual other than an agent, employee, or elected or
appointed official of the City or the FCBE that receives written permission from the FCBE
or City to use the School Facilities for a function , event or program in a manner
substantively more intense than general public use, it being understood and agreed that
‘use of the School Facilities’ by the general public for general recreational purposes shall
not require acquisition of the insurance referenced immediately above. Any third party
performing building, construction, or public improvement projects on the School Facilities
with the express written consent of FCBE shall be required to maintain a minimum of $2
million commercial general liability (including bodily injury and property damage)
insurance, shall maintain a minimum of $1 million automobile liability insurance (CSL)
naming both FBCE and City as additional insureds and provide statutory Workers
Compensation coverage with a minimum Employers Liability of $100,000 per accident,
$500,000 policy limit. Any third party performing building, construction or public
improvement projects on the School Facilities shall submit proof of insurance by
submitting a certificate of insurance prior to performing such work.
7. Liability. City shall be responsible for the acts and omissions of City and its agents,
contractors or employees. FCBE shall be responsible for the acts and omissions of
FCBE and its agents, contractors, or employees. Any third party using the Facilities
shall be required to defend, indemnify and hold harmless FCBE and City and their
agents and employees against all costs, damages, or claims, whether for personal injury
or property damage, arising out of any act or omission of such third party in connection
with its use of the Facilities.
8. Casualty. If any of the Facilities are damaged or destroyed during the Term of the
Agreement by a casualty loss, FCBE may elect to rebuild or restore same to such
School Facilities. If such damage or destruction is due to the acts or omission while in
City’s care, custody and control, then FCBE may elect to rebuild or restore the damaged
or destroyed Facilities subject to reimbursement by the City pursuant to the terms of
Section 7 above.
9. Condemnation. In the event all or any portion of the School Property is condemned by
any legally constituted authority for any public use or purpose, or sold under threat of
condemnation, then all condemnation awards or sales proceeds shall belong to the
owner of such condemned or sold property, and this Agreement shall terminate as to
such property on the date of such condemnation or sale. If a portion of the School
Property that contains all of the School Facilities is so condemned or sold then this
Agreement shall terminate on the date of such condemnation or sale.
10. Liens. No encumbrances, charges or liens against the Facilities shall exist because of
any action or inaction by either party or such party’s independent contractors. Each
party shall discharge by bond or otherwise within ten (10) days of notice of existence of
any lien, encumbrance or other charge arising because of the actions of such party.
11. Termination.
(a) Either party shall have the right to terminate this Agreement without cause upon
ninety (90) days prior written notice. If FCBE shall elect to terminate this agreement
prior to the end of the first year of the term, FCBE shall repay the City the partial cost
for the improvements in the amount of $5000 (Five Thousand Dollars). FCBE shall
have no obligation to compensate City, including any compensation for any remaining
value of any improvements, and all improvements made by City or on City’s behalf
shall remain with the School Facilities.
(b) In the event either party defaults in the performance of any of its obligations under
this Agreement, the non-defaulting party shall, in addition to all other rights and remedies
available to such non-defaulting party at law or in equity, have the right to (i) provide
written notice to the defaulting party of the intention to terminate this Agreement within
(30) days of the written notice if such default is not remedied within the 30 days, or (ii)
cure such default at the expense of the defaulting party. The defaulting party, within ten
(10) days of the receipt of a statement for reimbursement, shall reimburse the other
party for any amount paid and any expense or contractual liability so incurred.
Notwithstanding the foregoing, if (i) such default is of such nature that it cannot
reasonably be remedied within such thirty (30) day period, (ii) the defaulting party has
commenced its efforts to remedy such default within such thirty (30) day period and is
diligently and in good faith pursuing such efforts, and (iii) actually remedies such breach
within sixty (60) days from the date it first receives notice of default from the non-
defaulting party, the non-defaulting party shall not have the right to terminate this
Agreement.
12. Expiration of Term.
a. Upon the expiration of the Term of the Agreement, all fixed and permanent
improvements upon the School Property shall remain the property of FCBE, free and
clear of all liens and encumbrances. Either party may remove portable improvements
made by such party. A listing of all portable improvements shall be prepared by such
party and approved by the other party prior to the removal of said improvements. Except
in connection with repairs or replacements, each party covenants not to destroy or
remove any improvements constructed (other than portable improvements) or equipment
placed upon the other party’s property, pursuant to this Agreement or otherwise, without
the written consent of the other party, which written consent may not be unreasonably
withheld, conditioned, or delayed.
b. Upon the expiration of the Term, each party agrees to promptly vacate all parts of the
other party’s Property. All keys held by a party for the Facilities located on the other
party’s Property shall be returned to the other party within a reasonable time.
13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to
any other party shall be in writing and sent by (i) certified mail, return receipt required or
(ii) delivered personally, including by courier or expedited mail service, address as
follows (or at such address as may be specified from time to time in writing):
If to FCBE: Superintendent
Fulton County Board of Education
786 Cleveland Avenue, S.W.
Atlanta, Georgia 30315
With a copy to: David Knotts, Land Agent
Fulton County Board of Education
5270 Northfield Boulevard
College Park, Georgia 30349
If to City: Chris Lagerbloom
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107A
Milton, Ga 30004
All such notices hereunder shall be deemed to have been given on the date of delivery
or the date marked on the return receipt unless delivery is refused or cannot be made
because of any incorrect address provided by the addressee, in which case the date of
postmark shall be deemed notice has been given.
14. Miscellaneous.
a. This Agreement shall be construed as an intergovernmental contract, and no estate
shall pass out of FCBE or City. Neither party shall, without the prior written consent of
the other party, which consent may be withheld in the other party’s sole discretion,
assign its interest in this Agreement or any interest hereunder. Consent to any
assignment shall not destroy this provision and any later assignments shall be made
likewise only upon the prior written consent of the other party. Any assignee of either
party, at the option of the party, shall become directly liable to the other party for all
obligations of the assigning party hereunder, but no assignment by either party shall
relieve such party of any liability hereunder to the other party.
b. If either party is delayed, hindered or prevented from performing any act or thing
required hereunder by reason of strikes, lock-outs, labor troubles, casualties, inability to
procure labor, materials or financing, failure or lack of utilities, governmental laws and
regulations, riots, insurrection, war, acts of God, inclement weather, or other causes
beyond the reasonable control of either party (“Force Majeure”), the delayed party shall
not be liable, and the period of performance of any such act shall be extended for a
period equivalent to the period of such delay, provided such party provides written notice
of such occurrence to the other party within ten (10) days of such occurrence. The
foregoing is inapplicable to the payment of money unless such delay is due to an act
arising after a party’s mailing which affects the physical delivery of the payment.
c. NEITHER PARTY WILL ALLOW ALCOHOLIC BEVERAGES OR THE USE OF
TOBACCO PRODUCTS ON THE FACILITIES OWNED BY THE OTHER PARTY AT
ANY TIME DURING ITS USE OF THE FACILITIES OWNED BY THE OTHER PARTY.
d. This Agreement constitutes the sole and entire agreement between the parties hereto
as of the date hereof, and no modification of this Agreement shall be binding unless
attached hereto and signed by City and FCBE. No representation, promise, or
inducement not included in this Agreement shall be binding upon any party hereto.
e. Time is of the essence for each and every provision and stipulation of this
Agreement.
f. Each party acknowledges that this Agreement has been freely negotiated by both
parties, and that, in any controversy, dispute or contest over the meaning, interpretation,
validity or enforceability of this Agreement or any of its terms or conditions, there shall be
no inference, presumption, or conclusion drawn whatsoever against either party by virtue
of that party having drafted this Agreement or any portion thereof.
g. No action or failure to act by any party hereto shall constitute a waiver of any right or
duty afforded, to such party under this Agreement, nor shall any such action or failure to
act constitute an approval of or acquiescence in any breach of this Agreement except as
may be specifically agreed in writing.
h. This Agreement may be executed in any number of counterparts, each of which shall
be an original, but such counterparts shall together constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day
and year first above written.
CITY OF MILTON
By:________________________________ _______________________
Witness
Name: _________________
Title: _____ Notary Public
FULTON COUNTY BOARD OF EDUCATION
By:________________________ ______________________
Name: Patrick Burke Witness
Title: Chief of Operations
By:________________________ ______________________
Name: Cindy Loe Notary Public
Title: Superintendent
Exhibit A.1
Exhibit A.2
Exhibit B
Exhibit C
Exhibit D
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Exhibit B
The City shall make the following improvements:
The City shall install an irrigation system on the existing multi-purpose field, and seed
and / or sod the multi-purpose field on the Facilities, install infill material at the
baseball/softball field, build dug-outs and install a water meter.
In the year 2012, specifically the fall season, the City will install landscaping in the
amount of $2500 at the direction of the Principal.
The City shall submit drawings of the improvements to FCBE for written approval prior to
commencement of construction of such improvements. The City shall furnish as-builts
following completion of the work.
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean
Catherine Maddox • Linda McCain •
Katie Reeves
Cindy Loe, Ph.D., Superintendent
FACILITIES SERVICES
5270 Northfield Boulevard, College Park, Georgia 30349-3179 • 404-765-7157 • www.fultonschools.org
Rules Governing Use of Facilities by Outside Organizations
Outside Organizations shall follow these additional rules governing use of school facilities
1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual’s race, religion,
creed, sex, national origin or disability.
2. A school custodian, and/or other System employee as designated by the principal, must be present during the activity or event. School employees
are not permitted to give their building keys to an outside organization.
3. General Liability Insurance in the amount of $1 million (minimum) combined single limit coverage is required. $500,000 (minimum) Auto Liability coverage
is required. Worker’s Compensation coverage is required, if applicable. A Certificate of Insurance must be provided at the time the contract is signed.
Fulton County Board of Education must be listed as an “Additional Insured” on the policy.
4. Lease fees are to be paid in advance to the Rental Office, 5270 Northfield Boulevard, College Park, Georgia 30349. Check should be made payable to
FULTON COUNTY BOARD OF EDUCATION. Facilities will not be available until payment and the proper documents are received by this office.
5. Signs, banners, permits, etc., may not be erected on school property unless the permission of the Principal or designee is obtained in advance and
only if such displays do not deface school property.
6. Adequate supervision, as approved by the Principal, must be present for activities involving children.
7. Parking is permitted only in designated areas.
8. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes.
9. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing.
10. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments.
11. All activities must be orderly and lawful, and must comply with all federal, state and local laws.
12. Use of lighted athletic fields must end by 10:00 p.m.
13. Overnight use (sleepovers) of school facilities is permitted only with the explicit permission of the Principal and written approval from the Fire Marshall.
14. Food and beverages are allowed inside of cafetorium only. Request for authorization must be made in the application and approved in the use agreement.
The organization is responsible for cleanup for all areas used.
15. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property.
16. The use of tobacco products is prohibited in school facilities and on school property.
17. School facilities that are available for use by outside organizations are: PE buildings, media centers, parking lots, gymnasiums, cafeterias/cafetorium, kitchens
(System cafeteria staff must be utilized), playing fields, athletic fields. Request to use auditoriums, theaters, concession facilities, media centers, conference
rooms, and common areas will be considered on a case-by-case basis by the Rental Office, in consultation with the school Principal. Use of System personnel
may be required at the Principal’s option. Classrooms, laboratories and stadiums are available under special arrangement only, approved on a case-by-case
basis.
18. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the Rental Office in consultation with the school principal. A fee will be charged and System
personnel must be used. The following types of equipment may not be used by outside organizations: musical instruments, athletic equipment, computers,
technical or laboratory equipment.
19. Requests to use teaching museums, staff development centers or other System facilities will be considered on a case-by-case basis by the Rental Office, in
consultation with the building supervisor.
20. Outside groups may not make any modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the
electrical, heating, cooling, ventilation or plumbing systems, or to the structure or grounds of the facility.
21. Outside organizations may not sublease school facilities to other organizations or individuals, or transfer or assign their use agreement to anyone.
22. Individuals are not eligible to apply for use of school facilities.
23. School facilities shall not be used for anything other than use(s) approved in the Use Agreement.
24. The use of said areas shall not in any way interfere with school activities. Facilities will be left in as good condition as found.
25. When schools are closed because of inclement weather, all facilities use is canceled. The undersigned further agrees to pay all applicable fees at least three
working days prior to use.
Revised 2/7/11
FULTON COUNTY PUBLIC SCHOOLS
USE AGREEMENT/APPLICATION FOR USE OF SCHOOL FACILITIES
Application must be filed in the Rental Office not less than 10 working days before intended use. All information must be furnished before the application can be
processed. Fees must be paid three working days prior to scheduled event. Make check or money order payable to Fulton County Board of Education.
1. Name of Organization ______________________________________________________________________________________________________
2. Responsible Representative __________________________________________________________________________________________________
Print name of authorized agent/representative Title
Address _________________________________________________________________________________________________________________
Phone (W) ________________________________ (H) ____________________________________ Fax ___________________________________
3. School Requested (name) __________________________________Type of Activity/Purpose ____________________________________________
4. Date (s) and Time Requested ____________________________________________________a.m. ______ p.m. UNTIL _____a.m. _______ p.m.
Areas to be Leased _________________________, ______________________, ______________________, _______________________________
5. Number of persons expected to attend _________________________________________________________________________________________
6. Organization’s Policy Number ________________________________Policy Limit (minimum $1 million coverage) $__________________________
Auto Liability Coverage (minimum $500,000 coverage) $___________________. Worker’s Compensation, if applicable $______________________
7. Do you want to charge an admission fee? If yes, in what amount? Adult $ ____________Child $___________ Other $________________________
NOTE: Prior approval of Rental Office is required in order to charge admission.
8. Will this activity be a fundraiser? _______If yes, must be section 501 C (3) tax exempt organization and must attach copy of IRS determination
letter to application.
9. Do you want to serve refreshments? _________NOTE: Prior approval of the Rental Office is required in order to serve refreshments. Food and
beverages are not allowed in school buildings except in the cafeteria. A clean-up fee/deposit may be charged if food and/or beverages are served.
10. The Organization’s Representative(s) has/have read and agrees to the facility use terms and conditions on the back of this agreement. Initial _____
11. Specifically for “AFTER SCHOOL ENRICHMENT PROGRAMS” - Custodial fees are waived between the hours of 2:30 p.m. and 6 p.m.
FEE SCHEDULE
OTHER NOT - FOR - PROFIT YOUTH
LEASED AREAS
Mark
Leased
Area
with X
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Minimum
Fee
(2 hours)
Hourly Rate
above
Minimum
Gymnasium, Elementary School $32.00 $16.00 $16.00 $8.00
Gymnasium, Middle School $46.00 $23.00 $24.00 $12.00
Gymnasium, High School Auxiliary $32.00 $16.00 $16.00 $8.00
Gymnasium, High School Main $62.00 $31.00 $32.00 $16.00
PE Multi-Purpose Room $32.00 $16.00 $16.00 $8.00
Cafeteria, Elementary $32.00 $16.00 $16.00 $8.00
Cafeteria, Middle School $46.00 $23.00 $24.00 $12.00
Cafeteria, High School $46.00 $23.00 $24.00 $12.00
Kitchen(staff fee also required) $46.00 $23.00 $24.00 $12.00
Theater/Auditorium $62.00 $31.00 $32.00 $16.00
Media Center, Elementary School $32.00 $16.00 $16.00 $8.00
Media Center, MS or HS $46.00 $23.00 $24.00 $12.00
Classroom $16.00 $8.00 $8.00 $4.00
Concession Stands $16.00 $8.00 $8.00 $4.00
Non-Stadium Field, no light use $24.00 $12.00 $12.00 $6.00
Non-Stadium Field Lighting adder $16.00 $8.00 $8.00 $4.00
Stadium Field, no light use $32.00 $16.00 $16.00 $8.00
Stadium Lighting adder $52.00 $26.00 $26.00 $13.00
Track, Asphalt MS, ES $16.00 $8.00 $8.00 $4.00
Track, High School $32.00 $16.00 $16.00 $8.00
Tennis Court (per Court) $8.00 $4.00 $4.00 $2.00
Parking Lot $16.00 $8.00 $8.00 $4.00
Teaching Museum $62.00 $31.00 $32.00 $16.00
STAFFING FEE (TO BE DETERMINED BY PRINCIPAL) - when additional staffing is necessary and/or required including setup and cleanup.
To be Completed by School: Custodial Time required? Yes ___No ___ Custodial Time = $35 per hour (includes fringe benefits).
Total Custodial Costs = Hours worked ______ x $35/Hr = $_________.
Technician (for Theatre) $28 per hour (includes fringe benefits). Security Personnel $40 per hour (includes fringe benefits).
ADDITIONAL CHARGES may be applicable (to be determined by the Rental Office in consultation with Principal on a case-by-case basis) such as deposit,
extraordinary utility use, and maintenance charge.
School Bathroom Products utilized (paper towels, toilet tissue, soap, etc). Total Bathroom Products Fee $_____________________.
CHARGE FOR USE: Facility Fees $ ___________ + Staffing Fees $___________ + Additional Charges $____________= TOTAL CHARGES $ _______________
The undersigned agrees to abide by current FCBE Policy/Administrative Procedure KG (Use of School Facilities) and the requirements for users of school facilities listed
above and on the reverse side of this application form. The undersigned shall be financially responsible for any and all claim of loss, injury or damage to person or
property resulting from the organization’s use of School property and shall indemnify the School Board and its employees and agents against any liability resulting from
the organization’s use of School Board property. The undersigned further agrees to pay all applicable fees at least three working days prior to use.
The undersigned hereby covenants and agrees to hold harmless as a result of any damage or injury to the school facilities and to indemnify FCBE against any liability
whatsoever resulting from the use of the premises by the undersigned, whether servants or agents or independent contractors guest or otherwise. The undersigned does
not intend to and does not hereby create any right of remedy in any third person.
_____________________________________________________ _________________________________________________________________
Organization Representative’s Signature Date Principal’s Signature Date
FULTON COUNTY BOARD OF EDUCATION
Reason for Denial: (If Applicable)
*Time Conflict __________ _________________________________________________________________
*Unsatisfactory previous experience w/group _______ Rental Office/Land Management Coordinator Date
*No employee available for security, custodial, etc. ___________
* Purpose use incompatible with facility _________ Make check payable to Fulton County Board of Education in the amount of
$_________per (check one) ____Day; ______Week; ________Month; _______Year
The primary purpose of our school facilities is to provide a suitable setting in which to
educate the students of Fulton County. Therefore, a school’s curricular and extracurricular
needs and other school-sponsored activities, as determined by the principal, shall have
first priority for the use of school facilities. School-related support groups, such as PTAs,
booster clubs, employee organizations, etc., shall have second priority.
At the same time, the Board of Education recognizes that school facilities represent a
significant investment on the part of the District’s residents. Therefore, the Board
encourages community use of school facilities when such use will not interfere with the
School System’s educational mission.
The following outside organizations shall be eligible to apply for use of school facilities: (1)
business partners of the System’s schools; (2) non-profit organizations that are based in
the District and whose members are mostly District residents; (3) governmental agencies
located in the District or serving District residents; (4) businesses located in the District,
but only for non-commercial, community oriented purposes ; and (5) organizations that are
currently approved by the Georgia State Board of Education to serve as Supplemental
Educational Services providers to System students and are currently under contract with
the System to provide Supplemental Educational Services to eligible System students, but
only for the purpose of providing Supplemental Educational Services to eligible System
students. Individuals are not eligible to apply for use of school facilities.
The facilities department shall process applications and administer requests for use of
school facilities by outside organizations. Any use of school facilities by outside
organizations must be consistent with the Board’s policies and administrative procedures,
must not involve unlawful conduct, and must be acceptable to the principal.
To comply with Georgia law, the Superintendent or designee shall establish a fee schedule
that enables the System to recoup the costs involved in the use of school facilities by
outside organizations.
Use of school facilities shall not be denied on the basis of an organization’s religious,
political or philosophical views or expressive activity. Organizations granted permission to
use school facilities shall not unlawfully restrict participation in the activity or event
because of an individual’s race, religion, sex, creed, national origin or disability.
Cross References: KG – Use Of School Facilities Procedure
District Policy
Book: District Policy
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-1965, p. 401; 1960-61, p. 172,
1958-59, p. 98
Adopted: 07/01/1986
Last Revised: 11/21/2008
Last Reviewed: 05/21/2009
Policy Detail
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As used in this administrative procedure. "School facilities" means buildings,
grounds, athletic facilities, fields and parking lots at a System school or other System
site.
A. Allowable Uses of School Facilities
1. School-Sponsored Activities
"School-sponsored activities" means a school’s curricular and extracurricular
programs and any other activity undertaken by and in the name of the school. The
primary purpose of our school facilities is to provide a suitable setting in which to
educate Fulton County students. Therefore, school-sponsored activities shall always
take priority over any other use of school facilities. Other groups may be denied use
of school facilities or have their permission for use revoked when the principal
concludes that the group’s use would interfere with school-sponsored activities. The
school principal is responsible for approving and scheduling school-sponsored
activities.
2. School-Related Support Groups and Employee Organizations
"School-related support groups" means organizations devoted exclusively to the
support of the school and school-sponsored activities, such as PTAs, booster clubs,
etc. "Employee organizations" means recognized professional or employee
organizations whose membership is limited to Fulton County School System
personnel.
School-related support groups and employee organizations make significant
contributions to our students and our schools. Therefore, they have second priority
for the use of school facilities.
All meetings or other activities of school-related support groups or employee
organizations must be approved in advance by the school principal. School-related
support groups and employee organizations are not required to apply to the facilities
department or pay a fee for meetings and non-fundraising activities that have the
principal’s advance approval.
District Procedure
Book: District Procedure
Section: K - General Public Relations
Title: Use of School Facilities
Number: KG
Status: Active
Legal: O.C.G.A., 20-2-520, Op. Att'y Gen. 1945-47, p. 206; 1963-65, p. 401; 1960-61, p. 172; 1958-
59, p. 98
Adopted: 07/01/1986
Last Revised: 05/21/2009
Last Reviewed: 05/21/2009
Policy Detail
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3. System-sponsored Activities
In order to be accessible to all areas of the community, schools are occasionally
requested to host school system events. Schools will be reimbursed for expenses
associated with such events.
4. Outside Organizations
"Outside organizations" means those organizations other than the System’s schools,
school-related support groups and employee organizations that are eligible under
Board policy to request use of school facilities. These organizations are: (1) business
partners of the System’s schools as defined in Item 5; (2) non-profit organizations
that are based in the System and whose members are mostly System residents; (e.g.
recreational sports organizations including developmental teams) (3) governmental
agencies located in the System or serving residents; (4) businesses located in the
System, but only for non-commercial, community oriented purposes; and (5)
organizations that are currently approved by the Georgia State Board of Education
to serve as Supplemental Educational Services providers to System students and are
currently under contract with the System to provide Supplemental Educational
Services to eligible System students, but only for the purpose of providing
Supplemental Educational Services to eligible System students.
Outside organizations are welcome to use school facilities when such use is
consistent with the Board’s policies and administrative procedures and does not
interfere with the activities of our schools or school-related support groups, as
determined by the principal. Outside youth organizations or groups whose members
are mostly students who reside in the System shall have first priority (over other
outside organizations) for use of school facilities. Outside organizations should apply
through the facilities services department. Business partners should obtain approval
of the school principal prior to submitting an application to the facilities services
department. Outside organizations seeking a one-time use of school facilities may not
reserve a school facility more than three months in advance.
5. Business Partners
"Business partners" means businesses, agencies, colleges, hospitals, non-profit, scout
troops, civic, social and other organizations that enter into a support relationship
with one or more Fulton County schools that is beneficial to the System. The School
System values its relationship with its business partners and encourages other
organizations to show their support of public education by becoming business
partners of our schools. Business partnerships must be formalized through a
partnership agreement that must be on file with the communications department
and must be consistent with established partnership guidelines.
A school and its business partner(s) may cooperate in sponsoring activities that
benefit the school and its students. Although these activities are school-sponsored
they still require approval from the facilities services department when they involve
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use of school facilities.
When a business partner requests use of school facilities, the business partner must
submit an application to the facilities services department for approval in the
manner described below. The application must include the signature of the school
principal. Depending on the intended use, the business partner may be allowed to
use the facility at a reduced fee, to be determined by the facilities services
department.
6. Governmental Agencies
Governmental agencies wishing to establish an inter-governmental agreement
involving shared resources which will be of benefit to Fulton County residents should
submit their proposal to the Superintendent. Proposals approved by the
Superintendent will be recommended to the Board with a summary of the proposed
terms. Examples of programs that would benefit residents include sports activities,
summer camp, senior citizen activities and educational programs. In reviewing
proposals, priority will be given to programs for youth.
Governmental agencies wishing to use school facilities for other purposes should
apply through the facilities services department. If the Governmental Agency
provides goods, services, facilities, and equipment that are beneficial to Fulton
County Schools, the governmental agency may be exempt from payment of some or
all of the customary fees.
B. Applying for Use of School Facilities
With the exception of Governmental agencies wishing to establish inter-
governmental agreements involving shared resources, outside organizations wishing
to use school facilities must apply to the facilities services department at least ten
(10) business days prior to the requested use date. Application forms may be
obtained at the school or the facilities services department website. The application
must be signed by the representative of the organization who will be responsible for
the activity or event. Applications from business partners must include the signature
of the school principal. In all other cases, the facilities service department shall
consult with the principal or building supervisor about the requested use before
approving or denying an application.
Requests to use teaching museums, professional learning centers or other System
facilities will be considered on a case by case basis by the facilities services
department, in consultation with the building supervisor.
The following factors will be considered in reviewing an application:
1. the type of activity or event;
2. its potential impact on the facility;
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3. the duration and frequency of the activity or event;
4. the availability of adequate System personnel to oversee the facility during the
activity or event;
5. the number of participants expected;
6. safety and security concerns;
7. previous experience with the organization;
8. potential interference with other activities at the facility;
9. the need for a rest period for the facility or grounds; and
10. other needs or interests of the school or the System.
If an outside organization wants to charge an admission fee, they must state the
amount of the fee in the application and obtain prior approval, which will be
reflected in the use agreement.
C. Use Agreement
1. If the outside organization’s application is approved, an authorized representative
of the organization must sign a use agreement before any preparations or activities
may take place at the school facility.
2. The use agreement must state that at least one authorized representative of the
organization will be present during the activity or event.
3. The organization must agree to indemnify the System for any claim of loss, injury
or damage resulting from the organization’s use of the school facility.
4. Except for use agreements involving substantial improvements to school property
(see item L), the maximum term of a use agreement is one year.
D. Renewal of Use Agreement
Renewal requests must be submitted to the facilities department at least ten (10)
business days prior to the expiration of the use agreement. Renewal is not automatic.
The same factors that apply to an initial application will be considered in connection
with a request for renewal. In addition, any violations of a previous use agreement or
other problems with the organization will be taken into consideration.
E. Cancellation of Use Agreement
The System reserves the right to deny an outside organization’s application or cancel
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the organization’s use agreement when it deems such action to be in the best interest
of the System or a school. The outside organization is responsible for providing
timely notification to its members or other participants of a cancellation. When
schools are closed because of hazardous weather or other emergencies, all use of
school facilities is canceled.
F. Fees for Outside Organizations
1. To comply with Georgia law, outside organizations must pay all costs resulting
from their use of school facilities, including utilities, security, supervision, clean-up,
maintenance, depreciation, overtime and any other costs to the System. Anticipated
excessive demands on utilities must be disclosed on the application so that an
appropriate fee can be charged. The fee schedule can be obtained from the facilities
department. Fees may be changed from time to time to reflect current costs.
2. If fees are not paid in full at least three (3) business days in advance of the activity
or event, permission to use the school facility may be withdrawn or a ten (10) percent
penalty fee may be added.
3. Payment should be made to the [facilities department]. At the discretion of the
facilities department, payment may be requested in the form of a cashier’s check or
money order.
4. A clean-up fee will be assessed if the organization does not leave the facility and
grounds clean.
5. The facilities department, in consultation with the principal may require the
organization to pay for or to provide police protection or security personnel.
6. Fees paid for the use of school facilities must be posted to a System account, not an
individual school account. Schools will be reimbursed for any costs paid from the
local school budget and 25% of the remaining fee collected.
7. If an activity is canceled at least two business days in advance of the activity or
event, any prepaid user fee will be refunded, less any costs the System has incurred.
G. Insurance
In order to protect the School System, outside organizations are required to obtain
liability insurance covering the event or activity.
H. Deposits
1. At the discretion of the facilities department, outside organizations may be
required to pay a deposit for activities involving large groups or activities that may
result in damage to school property. Failure to pay a required deposit may result in
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the cancellation of the use agreement.
2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of
not less than one month’s fee may be required in advance along with the fee for the
first month. The deposit will be held by the facilities department and will be
returned at the end of the approved use period, less any deductions for damage,
unpaid fees or other costs resulting from the use.
I. Fundraising by Outside Organizations
1. The only outside organizations that may conduct fund-raising activities at school
facilities are non-profit organizations recognized as tax-exempt under section 501(c)
(3).
2. Tax-exempt organizations must provide a copy of their IRS determination letter
and establish their legitimacy to the satisfaction of the facilities department before
any fundraiser will be allowed.
3. Outside organizations may not use school facilities for any fund-raiser that
includes gambling or games of chance.
J. Concessions
Arrangements for the sale of concessions by outside organizations must be made
through the local school principal.
K. Political Meetings
"Town hall meetings" and political forums held on school property must comply with
Board policy and administrative procedure KIA - "Political Campaign Activities" in
addition to this procedure.
L. Use of Athletic Fields or Facilities
Prior to approval of a use agreement allowing repeated use of an athletic field or
facility by an outside organization, the Area Superintendent must sign the
agreement indicating that all principals in the school’s feeder pattern approve the
request. Athletic fields may be subject to a use agreement of up to five years when
the requesting organization expends substantial resources to improve the field.
Examples include installing lights, irrigation systems or scoreboards. The
arrangement will be reviewed periodically and discontinued if the school’s athletic
facilities are being harmed.
At least 60 days in advance of the spring, fall and summer athletic programs,
athletic directors from each high school and the school system will determine the
needs for athletic fields and facilities. Contracts with outside organizations will be
reviewed in light of these needs.
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M. Additional Rules Governing Use of School Facilities by Outside Organizations
Outside organizations shall follow these additional rules governing use of school
facilities.
1. An outside organization shall not restrict participation in an activity or event
taking place at a school facility because of an individual’s race, religion, creed, sex,
national origin or disability.
2. A school custodian and/or other System employee, as designated by the principal,
must be present during the activity or event. School employees are not permitted to
give their building keys to an outside organization.
3. Signs, banners, pennants, etc. may not be erected on school property unless the
permission of the principal or designee is obtained in advance and only if such
displays do not deface school property.
4. Adequate supervision, as approved by the facilities department in consultation
with the principal, must be present for activities involving children.
5. Parking is permitted only in designated parking areas.
6. The number of attendees may not exceed the number authorized and must be in
compliance with local fire codes.
7. Approved users and their participants must stay in their assigned area at all
times. Entry into other areas of the facility will be considered trespassing.
8. Any use of a facility beyond the time specified in their use agreement is subject to
additional fees charged in quarter hour increments.
9. All activities must be orderly and lawful and must comply with all federal, state
and local laws.
10. Use of lighted athletic fields must end by 10:00 p.m.
11. Overnight use of school facilities is permitted only with the explicit written
permission of the principal and if it is allowable under local fire codes.
12. Food and beverages are allowed inside school buildings only if requested in the
application and approved in the use agreement. The organization is responsible for
clean-up of all areas used.
13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or
on school property.
14. The use of tobacco products is prohibited in school facilities and on school
property.
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15. School facilities that are available for use by outside organizations are:
gymnasiums, cafeterias/cafetoriums, kitchens (provided System cafeteria staff is
used with the approved use of kitchen equipment), playing fields and athletic fields.
Requests to use auditoriums, theaters, concession facilities, media centers,
conference rooms and common areas will be considered on a case by case basis by the
facilities department, in consultation with the school principal. The school principal
may use his/her discretion to determine whether classrooms may be used by outside
organizations during the school day.
16. Outside organizations may use tables and chairs if requested in advance. A set-
up fee will be charged. Requests to use public address systems or audio visual
equipment will be considered on a case by case basis by the facilities department, in
consultation with the school principal. A fee will be charged and System personnel
must be used. The following types of System equipment may not be used by outside
organizations: musical instruments, athletic equipment, computers, technical or
laboratory equipment.
17. Outside groups may not make any modifications to school facilities in order to
accommodate their use of the facility. This includes modifications to the electrical,
heating, cooling, ventilation or plumbing systems or to the structure or grounds of
the facility.
18. Outside organizations may not sublease school facilities to other organizations or
individuals or transfer or assign their use agreement to anyone.
19. Individuals are not eligible to apply for use of school facilities.
20. School facilities shall not be used for anything other than the use(s) approved in
the use agreement.
Cross References: KG – Use Of School Facilities Policy Link to Policy
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