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HomeMy Public PortalAbout20190926AmendedPacket2.pdfMAYOR CITY MANAGER Jason Buelterman Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Wanda Doyle CITY ATTORNEY Julie Livingston Edward M. Hughes Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A M E N D E D A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 26, 2019 at 7:00 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Executive Session Opening Ceremonies Call to Order Invocation: Rev Sue Jackson, Pastor, Trinity Chapel Pledge of Allegiance Recognitions and Proclamations 1. Employee of Quarter - Robyn Rosner, Facilities/Special Events Coordinator Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes: City Council Meeting, August 8, 2019 3. Minutes: City Council Meeting, August 22, 2019 Consideration of Boards, Commissions and Committee Appointments 4. Kelly Swope: Appointment to the Development Authority/Main Street Board of Directors Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 5. Payton Kinkel, President, Tybee Island Youth Council Update Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 6. Mack Kitchens: Regulation of Licensing for STVR 7. Eric Hogan: 5052 Captains View Consideration of Approval of Consent Agenda 1 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Public Hearings 8. REQUESTING TO REBUILD STRUCTURE WITH 3 FOOT REAR AND 2 FOOT SIDE SETBACKS -302 TENTH STREET -ZONE R-2 -40006 09003 -OWNER ANTHONY P. RUSSO APPLICANT NATALIE AIKEN. 9. REQUESTING 3 1/2 FEET ON SIDE AND REAR SETBACKS -9 MOORE AVE -ZONE R-1-B - 40002 02012 -OWNER RHR PROPERTIES, LLC -APPLICANT THOMAS J. MAHONEY III. 10. PLANNING COMMISSION MINUTES 8-19-2019 Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 11. Special Event Application: Lights on for Tybee/Christmas Parade Consideration of Bids, Contracts, Agreements and Expenditures 12. T-Mobile Lease Renewal, 4th Amendment to Water Tower Attachment Lease Agreement. $4,341.19 13. Sprint Amendment to Lease: First Amendment to Water Tower Lease Agreement 14. Memorandum of Understanding, 2020 Census 15. Marine Science Center 16. Approval for LMIG Road Resurfacing, Preferred Materials, $185,416.19. 17. Out of State Travel - Jan LeViner, City Clerk, October 15 - 16, Dayton, Ohio, Athenian Dialogue. Line Item: 100.1130.52.3700/3500 18. ADT Commercial Security Proposal: Old School Building 19. ADT Commercial Security Proposal: City Hall 20. Tourism Study - Partnership with GA Southern University & Visit Savannah. Total Cost $12,500 paid for from 100-1320-52-1201. 21. This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. 22. Community Services Agreement - Tybee Festival Association Consideration of Ordinances, Resolutions 23. Resolution: Designate October 11-13, 2019 As the Festival Days for Pirates Fest and Designate the area as the Festival Control Zone 24. Resolution: Marsh Hen Trail 25. Resolution and Contingent Fee Agreement: Class Action Airbnb 26. First Reading, 2019-14, Sec 42-60, Balloons/Chinese Lantern Release Council, Officials and City Attorney Considerations and Comments 27. Bubba Hughes: Resignation/Agreement Angela Hudson 28. Bubba Hughes: Ante Litem, Je'Aarian Belin 29. John Branigin: Master Plan Implementation Committee 30. Barry Brown: Update on the TIPD status on starting pay 31. Barry Brown: Halloween - Lewis Avenue and Memorial Park 32. Wanda Doyle: Maritime District Permitted Use 33. Wanda Doyle: Update on plan for new restrooms at Jaycee Park 34. Wanda Doyle: Public Safety Committee Update 2 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 35. Monty Parks: Administrative Fines Update 36. Monty Parks: Updated from City Manager: Adding individual registration numbers for STVR's 37. George Shaw: Approval of Grant Administrator for HMGP Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to obse rve and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 3 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 2. Minutes: City Council Meeting, August 8, 2019 4 City Council Minutes, August 8, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 8, 2019. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown and Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Finance Director and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda:  Minutes, City Council Meeting, July 11, 2019  Appointment to Development Authority/Main Street Board: Crystal Travaille, Tybee Cottage Art Gallery  Appointment to Tybee Island Historic Preservation Commission: Anthony Turpin  Appointment to Ethics Commission: Mark Reed  The purpose of this agenda item is seek the City Council’s approval to amendment the General Fund fiscal year 2019-2020 operating and capital budget by increasing the budget from $14,329,161 to $14,490,161, a net increase of $161,000; and to transfer $45,000 from the Public Works Administration budget to the Public Works Fleet Management budget.  The Finance Department is seeking the City Council’s approval to multiple request for out of state travel for fiscal year 2020 for the Purchasing Administrator and Director of Finance and General Administration to attend a Public Procurement training offered by the National Institute for Public Procurement from August 22, 2019 to February 8, 2020 in preparation for the Certified Public Procurement Officer and Certified Professional Public Buyer exams.  The purpose of this agenda item is to seek the City Council's approval to surplus and dispose of 23 Police Department vehicles by trading them to Enterprise Fleet Management Company as a trade for the 16 vehicles that the City is leasing from Enterprise Leasing Company for three years.  Authorization of the Project Partnership Agreement between COE and City of Tybee Island; Beach Erosion Control Project  First Reading, 12-2019, Article IV, Chapter 58-108, Revise the Room Excise Tax at the Rate of 7% to Provide for Distribution of Tourism Product Development by Resolution, to Establish an Effective Date  MOU, Tybee Island Maritime Academy  Indigent Services Agreement  Census 2020  Reserving Pumps for Lift Stations. Discussion: Authorize Mayor to sign and Clerk attest after Staff has reviewed and approved. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev June Johnson  Pledge of Allegiance Recognitions and Proclamations 5 Mayor Buelterman asked Amy Lanier, Beach Task Force past president, to approach the podium. Ms. Lanier was presented with a Certificate of Appreciation for her years of dedicated service with the Beach Task Force. Mayor Buelterman thanked Ms. Lanier again. Mayor Buelterman asked the Commanders/Sr. Chiefs/Chief of the six Coast Guard Units to approach the podium. Mayor Buelterman read a Resolution declaring August as Coast Guard Month and presented Certificates of Appreciation and a copy of the Resolution to all. Representatives from the Tybee Island Youth Council also presented a Certificate of Appreciation to each Commander. Sr. Chief Wainscott thanked the Mayor, Council and City on behalf of all the units in Chatham County. They received a standing ovation. Major Joel Fobes approached Mayor and Council to introduce the following Tybee Island Police Officer. o Corporal Zachary Jung o Corporal Anthony Errato o Corporal J.P. Price o SPO Cheyenne Dickenson Major Fobes presented each with their promotion papers and thanked them. Mayor Buelterman also thanked not only the above for a job well done but the entire Tybee Island Police Department. They received a standing ovation. Mayor Buelterman announced the City of Tybee received the Hazard Mitigation Grant Program which will be used to structurally elevate twelve (12) substantially damaged properties located in the Special Flood Hazard Area. Additional information will be forthcoming. Citizens to be Heard. Jay Burke approached Mayor and Council to speak on Burke Beach Business. Mr. Burke stated his family does not support any beach business ordinance change. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings Site Plan approval/Special review: modular building added to the lot – 714 Lovell Avenue –Zone R-2 – 40005-19001 – Tybee Island Charter School dba Tybee Island Maritime Academy. George Shaw approached Mayor and Council. Mr. Shaw stated this item was before the Planning Commission in July 2019 and the application was lacking in a survey and Drainage Plan at that time. Planning Commission held a Special Meeting requesting those items and they were presented to Planning Commission. The Planning Commission still has concerns as the Drainage Plan was not approved by the City Engineer at that time and there were additional issues such as parking and the front set-back is less than required by City Ordinance for the R-2 District. The petitioner and City Engineer have since been working on the Drainage Plan and Mr. Davis, City Engineer, believes will work but not to a point where a contractor would know what to do. Mr. Shaw stated there are still issues which Mayor and Council would have to approve. Mr. Parks confirmed there is tree mitigation. Mr. Shaw confirmed and stated it depended on what trees are to be removed with the placement of the building. Ms. Doyle asked Mr. Shaw what the set-back is regarding the R-2 District. Mr. Shaw responded it is 20’ and this is approximately 6’ off the property line, 14’ variance. Mr. Shaw confirmed. Mayor pro tem Brown asked if this instance, would the 200’ rule apply. Mr. Shaw responded it could. Ms. Doyle then asked about the parking plan. Mr. Shaw responded any new construction would have to have off-street 6 parking and this plan does not offer anything. Mr. Shaw stated they may not park in the City right-of-way. Lara Robertson approached Mayor and Council to speak in favor of Tybee Island Maritime Academy as it is an asset to the community. Mayor Buelterman thanked Ms. Robertson. Jimmy Williams approached Mayor and Council to speak in favor of Tybee Island Maritime Academy as he believes in growth. His concerns include parking and the traffic path. The City needs to take control of what we have and make it the best we can. Mayor Buelterman thanked Mr. Williams. Eric Thomas approached Mayor and Council to speak on the impact the Maritime Academy has on the community. Mr. Thomas stated he always feels safe going to and from the Academy as he rides his bike with his son. With the positive presence of the Academy, Tybee has changed. More families are moving to Tybee so their children can attend. Mr. Thomas asked Mayor and Council to let TIMA grow and not put obstacles in the schools way but clear a path for the school to grow. Mayor Buelterman thanked Mr. Thomas. Deb Barreiro approached Mayor and Council. She supports the school and agrees with the Mr. Thomas regarding the value of the school. Ms. Barreiro does echo Mr. Williams’ concerns as there are impacts with congestion, 16’ variance, trash and drainage. She also expressed her concerns with the buildings that will be attached to the principal structure. Mr. Shaw responded the school in its entirety is a principal structure. Ms. Barreiro stated her neighborhood is a community with very few STVR’s and they do support the school. Mayor Buelterman thanked Ms. Barreiro and assured her Mayor and Council will consider all her concerns. Perb Fortner approached Mayor and Council to speak in favor of the Tybee Island Maritime Academy and the Site Plan approval. Mr. Fortner explained the reasoning behind the bigger structure is it includes bathrooms. Mayor Buelterman thanked Mr. Fortner. Hope Barton approached Mayor and Council. Ms. Barton expressed her concerns regarding the traffic hazard during pick-up and drop-off times and since she raised her concerns at the public hearing the congestion and safety issues had been resolved. She is also has concerns regarding the set back; removal of trees; and would like to ensure the school is a good neighbor. Ms. Barton still has concerns with the drainage and would hope they are addressed. She feels the school is a great asset to the community but again has concerns. Mayor Buelterman thanked Ms. Barton. Jimmy Williams approached Mayor and Council to ask for clarification of the size of the proposed structure. Mr. Williams stated Mayor and Council need to be mindful of the neighborhood and the set-backs. He does support the school. He bought his property in 1970 and he and his wife plan to stay on the Island. Mayor Buelterman thanked Mr. Williams. Carolyn Jurick, Perb Fortner and Jason Ball approached Mayor and Council. Mr. Fortner gave a brief history of the school and thanked not only Mayor and Council but also the residents for supporting the school. She believes in open communication and being a good neighbor. Mr. Fortner gave a brief history of Tybee Island Maritime Academy. Mayor Buelterman thanked everyone for the continued support. Peter Ulrich, Principal, approached Mayor and Council. Mr. Ulrich thanked everyone for their patience as he is the new principal. He stated the school is the economic engine of the 7 community, it is the innovation engine of the community. They must provide opportunities for the students that look different. The school is now providing opportunities for students to be creative and the school is very excited as to what this will add to the community. Mayor Buelterman thanked Mr. Ulrich. Mack Kitchens approached Mayor and Council to speak in favor of granting their request and supporting the school. Mayor Buelterman thanked Mr. Kitchens. Ms. Doyle asked Mr. Shaw if the building could be shifted. Mr. Shaw responded from the City’s point of view, the petitioner could have the variance on the back side or front but the lease with St. Michael’s does not allow. Mr. Parks stated he will vote in favor of this request but does take exception with the statement the school is not growing. Mr. Branigin stated he will support and agrees with Mr. Thomas. He would ask in the future there is better planning with submission so Mayor and Council are not in a crisis to review and consider approval/disapproval. Ms. Sessions asked Mr. Shaw to ensure an approved drainage plan is submitted prior to permitting. Mr. Shaw confirmed that a permit would not be submitted until an approved drainage plan is submitted. She also expressed her concerns with the mitigating of the trees. Monty Parks made a motion to approve as submitted. Julie Livingston seconded. Vote unanimous to approve, 6-0. Monty Parks made a motion to approve as submitted. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Council, Officials and City Attorney Considerations and Comments Barry Brown: Salary Increase, Angela Hudson, Finance Director. To be discussion in Executive Session. Barry Brown stated he asked Mr. Hughes to craft an ordinance regarding STVR Pool Regulations. Mayor pro tem Brown expressed his concerns with individuals using swimming pools after 10:00PM. He feels this relates to STVR’s and not private pools. He did speak with the property managers and they ensure him there were rules given to their guest regarding swimming pools. Mayor pro tem Brown feels with an ordinance, it will give the Tybee Island Police Officers a means to write citations. Ms. Doyle stated she does not feel the City needs another ordinance and these concerns can be covered by the Noise Ordinance and the Disorderly Household Ordinance. Mayor Buelterman confirmed the R-1 and R-2 zones would be included in the proposed ordinance and the end time would be 10PM during the week and 11PM on weekends. Mayor pro tem Brown confirmed. Mr. Hughes stated he has already crafted a proposed ordinance which addresses Mayor pro tem Brown’s concerns. Mr. Hughes recommended language to the Disorderly House. Mr. Parks recommended adding language to the Disorderly House as the ordinance has only been in place six months. Ms. Livingston confirmed with Mayor pro tem Brown his proposed ordinance would not allow the pool to be use after 10:00PM. Mayor pro tem Brown confirmed and stated there have not been calls on private pools. Ms. Doyle agreed with Mr. Parks that this should be part of the Disorderly House Ordinance as this covers everybody. Mayor pro tem Brown confirmed the proposed ordinance would apply only to STVR’s. Mayor Buelterman asked Mr. Hughes if it is possible to limit to only apply to STVR’s. Mr. Hughes confirmed but does not feel that is the consensus of Mayor and Council. Mr. Branigin expressed his concerns with the proposed ordinance. Ms. Sessions stated there are many managing firms on the Island that manage their STVR’s very well and the problem may lie with the STVR’s that are managed individually. She is concerned with putting another responsibility on the Tybee Island Police Department. Barry Brown made a motion to have the City Attorney craft an ordinance that address specific rules to STVR in residential areas. Monty Parks seconded for discussion and then withdrew his seconded. Shirley Sessions seconded 8 the motion for discussion. Voting in favor were Julie Livingston, Barry Brown, and Shirley Sessions. Voting against were Monty Parks, John Branigin and Wanda Doyle. Mayor Buelterman voting in the affirmative. Motion to approve, 4-3. Barry Brown: Tybee Island Police Department Salary. Mayor pro tem Brown would like to ensure the starting salaries for the police department meet the other standards of the county. Mr. Branigin reminded Mayor pro tem Brown the Finance Department is working on a Class and Compensation Study for all employees. He suggested a signing bonus for police officers until such time as a Class and Comp is completed. Ms. Doyle stated this has been discussed at the Public Safety Committee meetings. Research has also been done with the surrounding cities and the Committee recommended doing a Class and Comp Study. Mr. Parks agreed with Ms. Doyle. Dr. Gillen confirmed the Public Safety Committee did look at the starting salaries and decided to do a Certification and Education Incentive Program as they had to look at the whole compensation structure. Mayor Buelterman asked Dr. Gillen to come back with a proposal regarding the salaries. Dr. Gillen confirmed. Mr. Parks suggested having the fines move to administrative fees which will allow, for instance, parking staff to issue tickets such as littering. Mayor Buelterman clarified Dr. Gillen bring back a long and short term recommendation. Dr. Gillen confirmed. Julie Livingston: Beach Equipment Rental Business (change of ordinance). Deferred to future City Council Meeting. Shirley Sessions discussed City Hall Auditorium and Office Space as she has concerns with maintaining the historic designation of City Hall. Ms. Sessions stated it has come to her attention that Dr. Gillen is planning to turn the auditorium into office space for the Finance Department. She again stated she is not in favor of that as the Finance Department is the most sensitive department in the City as they deal with sensitive documents such as payroll and accounts payable/receivable. Ms. Sessions asked Dr. Gillen if staff has been included in the planning and do they really want this to happen. She also asked about the timeline of the move as well as how the move with affect the citizens. Dr. Gillen responded temporary space would be laid out in the auditorium to include a break room and meeting space. He is trying to create a flow with departments and to create security within the building. Dr. Gillen stated he is trying to create interim steps he can take until a decision is made regarding the proposed annex building or moving the Finance Department to the Old School space. He explained the proposed work space in City Hall. Ms. Sessions asked if Dr. Gillen has spoken to the Finance Staff for their input with the proposed space or move. Dr. Gillen confirmed. Ms. Sessions again expressed her concerns with maintaining the integrity of City Hall. Dr. Gillen stated he is aware of the historic value of City Hall and will maintain. He is concerned with security and work flow. Ms. Doyle stated she visited other facilities where “dirt walls” were in place and feels it would work for Tybee. Ms. Hudson approached Mayor and Council. She stated there will still be a problem with noise with “dirt walls” unless there is a drop ceiling installed. Dr. Gillen does not want to spend money on major temporary changes if Mayor and Council are moving forward with an annex building. Mr. Parks asked if a plan has been presented to Mayor and Council. Dr. Gillen responded he continues to work with Staff for a plan that will work for everyone to include work flow and security. Ms. Session confirmed this is not in the current budget. Dr. Gillen confirmed. Mr. Parks recommended the Finance Department have a secure environment to work in. Ms. Hudson confirmed. Ms. Session thanked Dr. Gillen for clarity. Mayor Buelterman, in regards to SPLOST, asked Ms. Hudson if she feels Chatham County will abide by their previous comments that any additional revenues they collect above and beyond what they expected to collect they would distribute to the municipalities on a percentage basis. 9 Dr. Gillen responded that $15M beyond what they expected would go to SEDA and after that the dollars would be distributed. Barry Brown made a motion to adjourn to Executive Session to discuss Litigation, Real Estate and Personnel. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn to regular session. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn. Shirley Sessions seconded. Vote was unanimous, 6-0. Meeting adjourned at 10:35PM. ______________________________ Janet R. LeViner, CMC Clerk 10 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 3. Minutes: City Council Meeting, August 22, 2019 11 City Council Minutes, August 22, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 22, 2019. Those present were Monty Parks, John Branigin, Wanda Doyle, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Dana Brawn, Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda:  Agenda Request: Tybee RE Operating Co LLC dba Hotel Tybee: Alcohol License Request: Beer & Wine-Package Sales-Sunday Sales-Package sales -added to existing license-Sales in gift shop of Hotel Tybee. Discussion: Restricted to Gift Shop  For the 8/22/19 Council Meeting: Travel Request for Jamey Rabun, Campground Director and Barb Caramico to attend National Outdoor Hospitality Conference and Expo in Knoxville, TN November 4-7. Budgeted under Line Item 555-6180-52-3500 and 555- 6180-52-3700  Request for Proposal for walking path surface: Install a rubberized surface on the walking path in Jaycee Park. Discussion: Mr. Hughes stated the total price is $63,836 with an option to include special color(s). Ms. Doyle stated her understanding there is no increase for the color black but if the path is to have color, there would be. She recommended approval to include color for the walking path.  Ante Litem Notice, Robert and Arynne Keeley: To reject. Discussion: Mr. Hughes stated this item has been sent to GIRMA and recommends Mayor and Council respond to reject. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Ken Douberly, St Michaels Parrish  Pledge of Allegiance Jan LeViner, Clerk, approached the podium. Ms. LeViner asked Mayor Buelterman to join her. On behalf of LTC Scher, Commanding Office, 3rd Battalion 160th Special Operations Aviation Regiment, she presented a Certificate of Appreciation to the City of Tybee for their support during the Nightstalker Airborne Operation Jump. Mayor Buelterman accepted on behalf of the City. Citizens to be Heard. Mack Kitchens approached Mayor and Council to speak on Code enforcement for STVR Licensing. Mr. Kitchens shared his concerns with the enforcement of ordinances as related to STVR’s. He would ask Mayor and Council to reach out to the Planning Commission to have a structure in place to manage STVR’s. This would include the Disorderly Household and Three Strikes Rule as there is no way to track violations. Mr. Kitchens distributed a handout. (Attached) Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 4-0. Consideration of Ordinances, Resolutions First Reading, 2019-13, Sec 34-265, Swimming Pools/Hot Tubs. Mayor Buelterman stated he has received correspondence regarding this item and would ask they be included in the 12 minutes. Ms. LeViner confirmed. Mayor pro tem Brown stated he would like to put a time limit on when pools should be closed. It is his understanding there are rules in many of the STVR’s managing companies but these rules are not being followed. Mayor pro tem Brown is recommending an ordinance to govern the closing time on pools therefore it can be enforced. Mr. Hughes explained there are two sections added to the proposed ordinance, the first deals with the STVR rental ordinance which provides the timeline being Sec 1 of the proposed ordinance. A new section is created, Sec 34-265. Sec 2 of the proposed ordinance amends the Disorderly House Ordinance at Sec 22-34 to add a new sub-section and changes the numbering in the existing sub-section. This provides in cases where there is a violation of what is now Sec 1, it counts as s strike if there is a violation. Ms. Doyle would like the reference to times for swimming pools be made a part of the Disorderly House Ordinance by adding another section. Ms. Doyle also pointed out a section could be added to the Noise Ordinance to limit the time use of swimming pools. She feels there are a great number of ordinances now and most are not being enforced. Mayor pro tem Brown expressed his concerns with the number of pools that are being put in as it directly affects the withdrawal rates from the Aquifer. Mayor Buelterman asked Mayor pro tem Brown the time he would recommend for closing swimming pools at night. Mayor pro tem Brown responded 10:00PM during the week and 11:00PM during weekend (Friday and Saturday). Mr. Branigin stated his concerns are what is going to trigger the call to the TIPD regarding noise or use of a pool. He also expressed his concerns regarding the enforcement of the proposed ordinance. Barry Brown made a motion to approve and add the times of use, 6:00AM - 10:00PM on weekdays and 6:00AM – 11:00PM on weekends, Friday and Saturday. Motion died for a lack of a second. Ms. Doyle requested Mayor and Council look at the Noise Ordinance and send to the Planning Commission for their recommendations regarding the hours of use and decibel reading levels. Mayor Buelterman recommended Ms. Doyle’s add the recommendations to the next agenda for a vote. Ms. Doyle confirmed. Mayor Buelterman read an email from Carrie Efird (Attached). Second Reading, 12-2019, Article IV, Chapter 58-108 Revise the Room Excise tax at the Rate of 7% to Provide for Distribution of Tourism Product Development by Resolution, to establish an Effective date. Monty Parks made a motion to approve. John Branigin made a motion to approve. Vote was unanimous to approve, 4-0. Council, Officials and City Attorney Considerations and Comments Jason Buelterman stated a GEFA loan has been approved in the amount of half a million dollars for the City to install solar panels at Waste Water Treatment Facility. Mayor Buelterman stated he will bring more information to Mayor and Council at the September meeting. Jason Buelterman stated at the recent budget workshop meetings, it was decided money would not be put in the budget for additional showers. Chatham County now has money in their budget for additional shallow well showers and the City will be moving forward. Mayor Buelterman asked the Infrastructure Committee to include on their next agenda. Barry Brown asked Mr. Branigin for an update from the Finance Department regarding the Increase starting salary for Tybee Island Police Department. Mr. Branigin responded this has also been discussed at the Public Safety Meetings. Chief Bryson, when asked, in his opinion, the starting salary are $8,000 - $10,000 behind our neighboring municipalities. The Finance Committee recommended Dr. Gillen draft an RFP for a Class and Comp Study that would deliver an assessment of police and dispatch salaries first and then move to fire and ocean rescue and finally to City staff. The priority would be to get an assessment of fire and police this year and City staff in the following year. Ms. Doyle asked Mayor Buelterman if the Finance Committee discussed the signing bonus for new officers. Mayor Buelterman confirmed and decided this could 13 create some issues with those who have just recently joined the Force. It is the desire of the Finance Committee to have a comprehensive approach. Mr. Parks stated the City has now agreed to pay Police Academy fees as well as training fees. Barry Brown asked Dr. Gillen for an Update on water lines east of Butler. Dr. Gillen responded there are three (3) that are currently in progress: Tybee Straits, 2nd Terrace and 2nd Place. Those that have been completed are 8th Terrace, 8th Place, 8th Lane, 11th Terrace, 2nd Street leaving eleven (11) more to be done. Mayor Buelterman asked Dr. Gillen to give an update on the 17th Street sewage project. Dr. Gillen responded the lines were blocked, jetted and then re-routed so they could be repaired/replaced. Work is scheduled to be completed in mid-September. When the project is completed, gravel will be put down until the LMIG Projects begins at which time that area is scheduled to be paved. Monty Parks stated on the current Beach Permit for weddings and events on the beach, that balloon releases, Chinese lanterns release and artificial flowers are included in the Litter Ordinance. Mr. Parks continued, if you read the Litter Ordinance there is no mention of these items. He asked Mr. Hughes to add those items to the current Litter Ordinance so there is no open releases on the Island. Monty Parks then asked Dr. Gillen to review and bring back a feasible plan to add a unique location designation number for each STVR and requirement that it be used in advertising to the current ordinance. This could copy the current plan by the City of Savannah. Monty Parks stated in relationship to making certain violations administrative fines rather than court fines. He would also asked Mr. Hughes research and bring back recommendations. Ms. Doyle stated this has been discussed with the Tybee Island Police Department and is concerned if it is doable. Mr. Hughes stated he has researched and an appeal process would have to be put in place. Mr. Parks expressed his concerns with the enforcement of the Beach Rules and ordinances by anyone other than the TIPD. He also asked Mr. Hughes bring something back to Mayor and Council regarding a process. Wanda Doyle stated at the last Beach Task Force meeting a motion was made to “have Erik Olsen look at the groins as they are currently configured with gaps in them and give the Task Force a recommendation in moving forward”. Ms. Doyle stated she would like to involve Alan Robertson in this matter. Mayor and Council confirmed. Wanda Doyle stated the Beach Task Force is asking when the beach wrack washes on shore it is moved to the dunes to assist in dune growth. Mayor Buelterman stated this is included in the Beach Management Plan. Dr. Gillen confirmed and stated there is a process where DNR is notified as permission is needed prior to moving wrack. Shawn Gillen stated he is currently working on the Hurricane Plan Update. Copies will be made once it is in its final format and provide to Department Heads and Mayor and Council. Dr. Gillen explained Staff conducted a tabletop exercise recently to finalize OPCON levels. George Shaw gave a brief update from Planning Commission regarding the Carrying Capacity Study. Mr. Shaw stated the Planning Commission worked with Courtney Reich who is the author of the current Carrying Capacity Study. Through that workshop, the Planning Commission has made recommendations as outlined in the packet before Mayor and Council. Ms. 14 Doyle thanked Mr. Shaw and recommended no vote be taken at the moment. Mr. Shaw stated this is not to be voted on at this time as these are only recommendations for Mayor and Council moving forward. Mayor Buelterman recommended if any member of Council would like to take a portion of this and bring back to a future City Council meeting advocating and discussing and move forward as there is disagreement between Mayor and Council on all four recommendations. Mr. Parks expressed his concerns with Tybee cottages being torn down and replaced with duplexes. Ms. Doyle concurred and recommended Mayor and Council find one recommendation that everyone agrees on and move forward. Monty Parks made a motion to adjourn to Executive Session to discuss Litigation, Real Estate and Personnel. Wanda Doyle seconded. Vote was unanimous to approve, 4-0. Monty Parks made a motion to adjourn to regular session. Barry Brown seconded. Vote was unanimous to approve, 4-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 4-0. Meeting adjourned at 9:35PM. ______________________________ Janet R. LeViner, CMC Clerk 15 16 17 18 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 4. Kelly Swope: Appointment to the Development Authority/Main Street Board of Directors 19 Kelly Swope 1202 Hammocks View, Savannah Georgia // (912)-660-7298 // rkswope@outlook.com Qualifications  Ability to manage time, think creatively, and make effective decisions  Strong interpersonal skills  Effective communication skills  Process and apply new skills and concepts quickly Related Experience Kelly & Company April 2016 – Present Owner  Maintain business operations and procedures by organizing and implementing operational tasks  Analyze options to determine marketing strategy  Assist in creation and production of products Main Street Development Authority/Main Street 2017– Present Non-Voting Board Member  Member on Promotions Committee  Attend Monthly Board Meetings  Promote Business on Tybee Island Skills  Strong leadership skills  Strong interpersonal skills  Effective communication skills  Works well in teams and on an individual basis  Demonstrates time management and organizational skills 20 Dear Council Members, I am writing to express my interest in becoming a voting member on the Tybee Island Development Authority/Main Street Board. I have had the opportunity to be a non-voting member since 2017. During that time, I have also been an active member of the promotions committee. I continue to be active on this committee; currently, we are working on Community Day and, of course, all of the events for Tybee for the Holidays. I have enjoyed working with the board and look forward to growing business, preserving history and enjoying life on Tybee Island. I look forward to hearing from you after the September council meeting. Sincerely, Kelly Swope 21 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 5. Payton Kinkel, President, Tybee Island Youth Council Update 22 GOALS 2019 – 2020 TYBEE ISLAND YOUTH COUNCIL I. Helping the Underprivileged a. Volunteering at the Food Pantry b. Food Drive c. Volunteering at Second Harvest II. Fundraisers a. Half or all going to charity (other portion going for our trips) b. Find out how to help with “Tiny Houses for Vets” c. Habitat for Humanity III. Animal Preservation a. Contact Oatland Island b. Contact DNR c. Volunteer at Marine Science Center IV. Beautification a. Contact Savannah Tree Foundation b. Contact community garden for cleanup V. Learn about the history of Tybee a. Visit Lighthouse b. Visit Ft Pulaski c. Visit Coast Guard again and cook 23 SENIOR YOUTH COUNCIL I. Youth Survey a. Reach out to schools they attend for survey (what the youth want to do for their community) and present to Chairman Scott. Also reach out to the School Board for permission II. Campaign for Hwy 80 and Bridges a. Reach out to Governor with letters b. Reach out to local dignitaries III. Mentor a. Mentor those who are new to the Youth Council b. Help Miss Jan with the younger members IV. Finish our Goals AMBASSADORS (4th Graders) I. Continue to work with the nursing homes on Tybee II. Set role model for Tybee, Savannah and Chatham County youth III. Beautification a. Clean trail (Pierce) 24 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 8. REQUESTING TO REBUILD STRUCTURE WITH 3 FOOT REAR AND 2 FOOT SIDE SETBACKS -302 TENTH STREET -ZONE R-2 -40006 09003 -OWNER ANTHONY P. RUSSO APPLICANT NATALIE AIKEN. 25 MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks                         CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen   CLERK OF COUNCIL Janet LeViner   CITY ATTORNEY Edward M. Hughes     City Council Agenda Item Request     Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors.   Council Meeting Date for Request: 09/12/2019 Item: Site Plan approval with Variance Explanation: requesting to rebuild structure with 3 foot rear and 2 foot side setbacks-302 Tenth Street-Zone R-2 – 40006 09003 –owner Anthony P. Russo applicant Natalie Aiken.         Paper Work: YES Attached   Audio/Video Presentation*     • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.     Submitted by: Lisa L. Schaaf   Phone / Email: Lschaaf@cityoftybee.org       Date given to Clerk of Council: 09/05/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 9. REQUESTING 3 1/2 FEET ON SIDE AND REAR SETBACKS -9 MOORE AVE -ZONE R-1-B - 40002 02012 -OWNER RHR PROPERTIES, LLC -APPLICANT THOMAS J. MAHONEY III. 42 MAYOR Jason Buelterman   CITY COUNCIL Barry Brown, Mayor Pro Tem John Branigin Wanda Doyle Julie Livingston Monty Parks                         CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen   CLERK OF COUNCIL Janet LeViner   CITY ATTORNEY Edward M. Hughes     City Council Agenda Item Request     Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors.   Council Meeting Date for Request: 09/12/2019 Item: Zoning Variance Explanation: requesting 31/2 feet on side and rear setbacks -9 Moore Ave – Zone R-1-B -4-0002-02-012 – owner RHR Properties, LLC applicant Thomas J. Mahoney III.         Paper Work: YES Attached   Audio/Video Presentation*     • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided.     Submitted by: Lisa L. Schaaf   Phone / Email: Lschaaf@cityoftybee.org       Date given to Clerk of Council: 09/05/2019     P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 10. PLANNING COMMISSION MINUTES 8-19-2019 63 PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR Tina Gann George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES August 19, 2019 Chair Bishop called the August 19, 2019 Tybee Island Planning Commission meeting to order. Commissioners present were David McNaughton, Alan Robertson, Charles Matlock, Tina Gann and Marianne Bramble. Ron Bossick was absent. Consideration of Minutes: Chair Bishop asked for consideration of the July 15, 2019 and July 23, 2019 special meeting minutes. Commissioner Robertson stated there was a typo in the July 15, 2019 meeting minutes and Lisa has that correction and will change it. Commissioner Matlock asked if the July 23, 2019 minutes should have the reason why we had that special meeting. Commissioner Robertson stated that is in the July 15, 2019 meeting minutes and he is not sure it is needed. Chair Bishop stated maybe putting that it is a continuation from the July 15, 2019 meeting. Commissioner Matlock stated that would be good. Commissioner Robertson made a motion to approve. Commissioner Matlock seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. Commissioner McNaughton asked to recuse himself from item two, Site Plan Approval/Variance for 302 Tenth Street. He stated his wife works for the vacation rental company that manages that property. Old Business: Chair Bishop asked if there was any old business. Commissioner Bramble asked if there was any information on the Business License discussion. George Shaw stated he would have the information at the next Planning Commission meeting. Commissioner McNaughton asked if someone from the State would be able to come in and explain how the change in the State Shore Protection Act would affect Tybee. George Shaw stated he has asked the local DNR representative and she said that would be a possibility but he has not heard from them. He will ask again. Commissioner McNaughton also asked about the discussion on changing Tybee’s Variance application fee and looking into changing the application based on the Valdosta application. Commissioner Robertson recommended putting this on the agenda for next month as an old business item. New Business: Zoning Variance: requesting 3 ½ feet on side and rear setbacks -9 Moore Ave– Zone R-1-B– 4-0002-02-012 – owner RHR Properties, LLC applicant Thomas J. Mahoney III. George Shaw approached the Planning Commission and stated the applicant is requesting a rear and side setback variance of approximately three and a half feet. This structure was going to be a garage, when the plans were submitted they showed a two-story building but this was not noticed during the plan review. And the plans were approved. Then a complaint came in so we visited the site and saw 64 that it was a two-story accessory structure, which we do not allow. There was a stop work order put on the construction and that is where it sat for a while. The applicant is now going to attach the structure to the primary structure so it will be part of the primary structure, which is why they are requesting the variance. Staff does not recommend approval. Commissioner Gann asked if the plans showed that this was elevated and we missed that. George Shaw stated yes. Chair Bishop asked is a bonus room inhabitable. George Shaw stated his understanding is this is not intended as a separate dwelling unit. Commissioner Matlock asked if it is necessary to solve the problem by joining the two. George Shaw stated they were given three options and this was one of them. Commissioner Gann asked what the other options were. George Shaw stated to move the structure within the setbacks or remove the top floor. Thomas Mahoney who lives at 337 Commercial Drive, Suite 500, Savannah Georgia, approached the Planning Commission and stated he represents the applicants, Wesley and Patsy Hargrave. Thomas Mahoney stated the Hargraves purchased 9 Moore Avenue and it was a dilapidated Fort Screven cottage at the time. They have turned it into a beautiful renovation and an improvement to the neighborhood. The City approved it originally as a detached structure. They chose to lift the structure eight feet to be able to store kayaks, bicycles and cars in the unfinished breakaway space. The City, after receiving a complaint, came along and determined that it was a two-story structure. We disagree that it is a two-story structure. It had to be lifted out of the flood plain so that space underneath the structure is being used as open space. We decided to join the structures and ask for the Variance. Commissioner McNaughton made a motion to approve and forward to City Council. Commissioner Bramble seconded. Vote to approve was unanimous. Site Plan approval with Variance: requesting to rebuild structure with 3 foot rear and 2 foot side setbacks – 302 Tenth Street – Zone R-2 – 40006 09003 – owner Anthony P. Russo applicant Natalie Aiken. George Shaw approached the Planning Commission and stated the applicant is requesting a variance for an accessory structure that he believes it was intended to be, but at some point became a dwelling unit which it currently is. This structure currently is non conforming and below flood. They would like to remove that structure and build a similar size structure within the property lines but not within the setbacks. They would also attach the two structures to make a duplex, this is in the R-2 which would allow for a duplex. Staff does not recommend approval. Michael Johnson, who is a Principal at Shaw Architecture, apologized that Natalie Aiken could not be here and he was sent to represent Mr. Russo. Michael Johnson stated this is not a full site development package, this is a small project. The intent is that this is currently an additional living unit sitting on the back of the property, it is in bad condition and it sits over the property line. The owner would also like to save the tree. Chair Bishop asked what prohibits you from building within the current setbacks and protecting the tree. Michael Johnson stated the footprint would be two small to have an additional living area. Chair Bishop asked what if you went up. Michael Johnson stated that would get into the character of the house and it would not be appropriate. Commissioner Robertson made a motion to deny. Commissioner Gann seconded. The vote to deny was unanimous. Meeting adjourned 8:00pm Lisa L. Schaaf 65 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 11. Special Event Application: Lights on for Tybee/Christmas Parade 66 67 68 69 70 71 72 73 74 75 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 12. T-Mobile Lease Renewal, 4th Amendment to Water Tower Attachment Lease Agreement. $4,341.19 76 1 Site ID: 8SV0943A Site Name: Tybee Island Lease ID: 107621 6/3/19 FOURTH AMENDMENT TO WATER TOWER ATTACHMENT LEASE AGREEMENT This Fourth Amendment to Water Tower Attachment Lease Agreement (the “Amendment”) is effective as of the date of execution by the last party to sign (the “Effective Date”) by and between The City of Tybee Island (“Landlord”) and T-Mobile South LLC, a Delaware limited liability company (“Tenant”) (each a “Party”, or collectively, the “Parties”). Landlord and Tenant (or their predecessors-in-interest) entered into that certain Water Tower Attachment Lease Agreement dated August 11, 1999, including that certain First Amendment to Water Tower Attachment Lease Agreement dated September 22, 2016, that certain Second Amendment to Water Tower Attachment Lease Agreement dated May 16, 2017, that certain Third Amendment to Water Tower Attachment Lease Agreement dated September 17, 2018 (including all amendments, collectively, the “Lease”) regarding the leased premises (“Premises”) located at 111 Butler Avenue, Tybee Island, GA 31328 (the “Property”). The Lease expired on or about August 11, 2019, and Tenant has remained on the Property in holdover, with Landlord’s permission, since that date. For good and valuable consideration, Landlord and Tenant agree as follows: 1. The Lease is hereby reinstated in its entirety, as amended herein, and is ratified and affirmed in all respects as if the Lease never expired. The Lease is in full force and effect and neither Landlord nor Tenant is in breach under the terms of the Lease. 2. At the expiration of the Lease, the Term of the Lease will automatically be extended for four (4) additional and successive five (5) year terms (each a "Renewal Term"), provided, that Tenant may elect not to renew by providing Landlord thirty (30) days' notice prior to the expiration of the then current Renewal Term. 3. At the commencement of the first Renewal Term provided for in this Amendment, Tenant shall pay Landlord Four Thousand Three Hundred Forty-One and 19/100 Dollars ($4,341.19) per month ("Rent") in advance, by the fifth (5th) day of each month. Any Rent previously paid from and after the commencement of the first Renewal Term provided for in this Amendment shall be offset against the new Rent. Rent shall be adjusted, effective on the first day of the second Renewal Term and each subsequent Renewal Term, by an amount equal to twenty percent (20%) over the Rent for the immediately preceding Renewal Term. This new Rent and Rent adjustment shall supersede and replace any prior Rent or Rent adjustments. Where duplicate Rent would occur, a credit shall be taken by Lessee for any payment of Rent by Lessee to Lessor due prior to the full execution of this Agreement. 4. Any charges payable under the Lease other than Rent shall be billed by Landlord to Tenant within twelve (12) months from the date in which the charges were incurred or 77 2 Site ID: 8SV0943A Site Name: Tybee Island Lease ID: 107621 6/3/19 due; otherwise the same shall be deemed time-barred and be forever waived and released by Landlord. 5. All notices, requests, demands and other communications shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party. If to Tenant: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ 8SV0943A If to Landlord: The City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 6. Effective as of the date this amendment is last executed by both parties. Tenant will have the right to modify its Antenna Facilities as described and depicted on Exhibit A, which is attached hereto and by this reference incorporated herein, and Landlord hereby consents to and approves of the modifications described and depicted on Exhibit A in all respects. 7. Tenant and Landlord will reasonably cooperate with each other's requests to approve permit applications and other documents related to the Property. 8. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To the extent any provision contained in this Amendment conflicts with the terms of the Lease, the terms and provisions of this Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this Amendment. 9. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic copies of this Amendment will legally bind the Parties to the same extent as originals. 10. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this Amendment. Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of this Amendment. 11. This Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns. 78 3 Site ID: 8SV0943A Site Name: Tybee Island Lease ID: 107621 6/3/19 IN WITNESS, the Parties execute this Amendment as of the Effective Date. LANDLORD: The City of Tybee Island By: Print Name: Title: Date: TENANT: T-Mobile South LLC, a Delaware limited liability company By: Print Name: _____________________________ Title: _________________________________ __ Date: T-Mobile Contract Attorney as to form 79 4 Site ID: 8SV0943A Site Name: Tybee Island Lease ID: 107621 6/3/19 EXHIBIT A Subject to the terms and conditions of this Agreement, the location of the Premises is generally described and depicted as shown below or in the immediately following attachment(s). 80 NN81 ¾“” 82 N83 NN84 85 NN86 87 88 89 90 91 92 N93 NN94 95 96 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 13. Sprint Amendment to Lease: First Amendment to Water Tower Lease Agreement 97 98 99 100 101 102 103 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 14. Memorandum of Understanding, 2020 Census 104 105 106 107 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 16. Approval for LMIG Road Resurfacing, Preferred Materials, $185,416.19. 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 17. Out of State Travel - Jan LeViner, City Clerk, October 15 - 16, Dayton, Ohio, Athenian Dialogue. Line Item: 100.1130.52.3700/3500 177 178 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 18. ADT Commercial Security Proposal: Old School Building 179 Branch:0092 Sales Representative:James McCane Today's Date:8/23/2019 Customer Information Business Name:Tybee Island City Hall Phone:(912)786-4573 Address:403 Butler Ave Billing Address:403 Butler Ave PO Box 2749 PO Box 2749 TYBEE ISLAND, GA 31328 TYBEE ISLAND, GA 31328 Customer agrees to pay the Total Equipment and Installation Charge shown above, plus applicable taxes (collectively, the "Equipment Charges"). Simultaneously with the execution of this Agreement, Customer shall pay $0.00 of these Equipment Charges, with a remaining balance of $672.66 to be paid upon completion of the installation and as a precondition of activation of the Equipment and, if applicable, connection to the Central Station or direct connection service. Financial Summary Site Location Information Location Name: Old Tybee School Address:204 A 5th St. TYBEE ISLAND, GA 31328 Site #:0 Phone:(912)786-5373 System Design Information System Design Name:New System Design Job #: Transaction Type P1 Owned Warranty Period Extended Service Plan 12 Months Included In Rate Services Total Equipment and Installation Charge: $672.66 Recurring Service Charges: $140.69 per month In addition to the Equipment Charges, Customer agrees to pay the Recurring Service Charges shown above, plus applicable taxes (collectively, the "Service Charges") for the usage of any Protection One Owned Equipment and any other recurring services selected, such Service Charges to be paid Monthly, in advance. Customer has made an advance payment of Service Charges in the amount of $0.00 at the time of sale. COMMERCIAL SCHEDULE OF PROTECTION PROPOSAL AND SALES AGREEMENT Licenses and Permit Charge: $0.00 Customer agrees to pay the total Licenses and Permit Charge shown above (collectively, the "License and Permit Charge"). Customer shall pay $0.00 at the time of sale. 180 Equipment List Quantity Material Code Description 1 ACD50 50 foot antenna cable for TG7&TG8 series 1 HGDL-0 High Gain Directional Antenna with 1ft of cable for TG7&TG8 series 1 86562 12V-7AH SEALED LEAD ACID 1 TG7F-LTE Commercial primary,backup or sole path fire cellular alarm communicator for AT&T LTE network. Equipment & Installation $672.66 Monthly Fee $140.69 Existing Equipment Quantity Material Code Description 1 1451-24 Transformer 18V F/Vista 1128Fb In Cabinet 4 BG-12L Pull Station Dual W/Key Lock 5 P2RL Horn Strobe 2W Red Wall 8 SD365 Addressable Photo Detector; White 1 V128FBPTPCB Vista 128 Fbcb Circuit Board Only Scope Of Work Conversion of existing Vista 128 fire panel from Tyco. Adding TG7 with external antenna. Customer to bring live phone line for panel New System Design Extended Service Plan Extended Service Plan: Monthly Extended Service Plan Charge (Existing Equipment) Monitoring Fire: Unrated Signaling Fire Alarm Tellular: 60 Minute Supervision Inspections Inspection Fire Type Frequency Device Count Automatic Initiating devices (smoke/heat)Annual 8 Manual Initiating devies (pull stations)Annual 4 Notification application (horns / strobes)Annual 5 181 SOW: NOTE: No other equipment, materials, services nor labor is implied nor to be presumed by either, the Customer nor ADT LLC other than specifically listed & described in writing within the ADT LLC Contract or Contract Rider as to be reviewed, signed & mutually approved by both, the Customer's Authorized Representative & ADT LLC prior to ADT LLC conducting the Scope of Work as described The Customer is responsible for providing the following at the time of installation: •Register the Alarm System with, the local AHJ's Office per Local Ordinance & Law •Provide immediate access to all areas of the premise as involves ADT LLC conducting the Scope of Work as described •Provide active power service •Provide active one (1) phone line with, Contact ID & DIAL TONE as to be dedicated to phone line 1 of the FACP NOTE: AHJ Clause as described in NFPA Code Standards applies, the AHJ (Authority Having Jurisdiction) is empowered to require additional equipment if, they determine it needed for Life Safety this is despite the Fire Alarm System being designed to meet the "minimum" descriptions as outlined in NFPA72 & NFPA101 Life Safety Code Standards if, the AHJ determines addition fire equipment is to be added the Customer is solely responsible for all additional cost(s) •Single Story Commercial Business with existing fire system ADT will add cellular communications to. •Customer has limited Security coverage within the building Scope of Work: •Prepare & Pull the local Permits & Notice of Commencement •All listed equipment will be installed within the specific areas of the premise as to be marked on the premise floor plan •All listed equipment will be installed per the Manufacturer Engineered Specifications, NFPA70 National Electric Code, NFPA72 & NFPA101 Life Safety Code Standards •Program System Settings to include: user code, supervised serial point address description & location of each, Fire detection, initiation device •Ship Test Signals with, Confirmation from each, Fire detection, initiation device to the ADT LLC Central Monitoring Center (CMC) Train the Customer & Authorized Staff to use the Fire Alarm System 1. Premises. Customer (“Customer” or “you”), as a commercial enterprise, may now or in the future have one or more physical business locations (“Premises”) for which you desire to obtain from Protection One, a division of ADT, LLC, (“Protection One,” “we” or “us”) various Equipment and Services. Each of your Premises to be covered by this Agreement shall be listed and described in this Agreement or in a separate Additional Premises Rider which may be completed and executed by the parties. This Agreement will supersede and govern over any inconsistent provisions contained in any other prior agreements, written or oral, between the parties concerning any Premises covered by this Agreement. 2. Charges. In consideration of the Equipment and Services we provide hereunder, you agree to pay Protection One the Equipment Charges and the Service Charges shown above, any activation or other fees, plus applicable taxes (collectively, the “Charges”), in accordance with the Payment Terms set forth above. OUR CHARGES UNDER THIS AGREEMENT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR AT LEAST THE FULL INITIAL TERM DESCRIBED IN PARAGRAPH 3 BELOW. If you prepay the total amount due under this Agreement prior to the end of the Initial Term of this Agreement, then there is no penalty or refund except as otherwise provided herein. Payment of the Equipment Charges is a precondition to the activation of the Equipment and any Services you have selected. We may impose a one-time late charge on each payment that is more than ten (10) days past due, which shall be $5.00 or the highest amount permitted by law, whichever is less. We may impose returned check charges of up to $25.00 on each returned check. You consent and authorize us to: (i) report your payment performance under this Agreement to credit reporting agencies; (ii) obtain and transmit your Taxpayer ID Number to our affiliates and credit reporting agencies for purposes of verifying your credit history and rating; and (iii) record our telephone conversations with you and the users of the Equipment and Services for verification and quality control purposes. YOU AGREE NOT TO SEND PROTECTION ONE PAYMENTS MARKED “PAID IN FULL,” "WITHOUT RECOURSE", OR WITH SIMILAR LANGUAGE. IF YOU SEND SUCH A PAYMENT, WE MAY ACCEPT IT WITHOUT LOSING ANY OF OUR RIGHTS UNDER THIS AGREEMENT OR AT LAW, AND YOU WILL REMAIN OBLIGATED TO PAY ALL FURTHER AMOUNTS OWED TO US. ALL WRITTEN COMMUNICATIONS CONCERNING DISPUTED AMOUNTS, INCLUDING ANY CHECK OR OTHER PAYMENT INSTRUMENT THAT INDICATES THAT THE PAYMENT CONSTITUTES "PAYMENT IN FULL" OF THE AMOUNT OWED OR THAT IS TENDERED WITH OTHER CONDITIONS OR LIMITATIONS OR IN FULL SATISFACTION OF A DISPUTED AMOUNT, MUST BE MAILED OR DELIVERED TO US AT: PROTECTION ONE, Master Terms And Conditions 182 ATTENTION: EXECUTIVE CUSTOMER RELATIONS, 800 E. WATERMAN, WICHITA, KS 67202 3. Term. The initial term of this Agreement shall be for Sixty (60) months (the "Initial Term"). The Initial Term shall begin on the date the Equipment is installed and is operational, and when any necessary communications connection is completed. In the case of the installation of Equipment or the performance of Services at multiple Premises, the Initial Term for each such individual Premises shall begin on the date the Equipment is installed and is operational at each such individual Premises. In the case of a system takeover or renewal of an existing agreement where no new equipment is installed, the Initial Term for each such individual Premises shall begin at each such individual Premises when any necessary communications connection is completed, or the date the new agreement is signed, whichever occurs last. The term of this Agreement and of each individual Premises shall automatically renew for successive one (1) year renewal terms unless we receive your written termination notice at least sixty (60) days before the end of the then current term. In the event that you terminate this Agreement or any individual Premises prior to the end of the then-current term, you agree to pay us, in addition to all other Charges due prior to termination, the Charges remaining to be paid for the unexpired portion of the term of this Agreement or of any individual Premises. Customer acknowledges and agrees that this amount is an agreed upon early termination charge in the nature of liquidated damages, and is not a penalty. 4. Increases in Charges. We may increase our Service Charges for each Premises after the third year of the Initial Term for each such Premises (but no more than once in any twelve (12) month period) by giving you thirty (30) days prior written notice. 5. Additional Charges. Additionally, you agree to pay, or to reimburse us if we pay, all false alarm fines and assessments, and all taxes, fees or other charges of any local governmental authority that relate to the Equipment or our Services, other than taxes assessed on our net income. You further agree to pay: (a) all telecommunications charges for area code, telephone numbering or other changes; (b) our then-current charge for reprogramming the Equipment to comply with any area code, telephone numbering or other changes; (c) any increases in our cost for facilities used for transmitting alarm signals under this Agreement; and (d) our charges resulting from services we may add to continue to provide the Services to you, due to police, fire or other emergency response policies of any governmental body, such as physical or visual alarm verification requirements. In addition, you shall be responsible for modifications to the Equipment due to changes in standards and regulations of governmental or regulatory authorities, including but not limited to, the Federal Communications Commission (“FCC”), any state or local Fire Marshal, the National Fire Protection Association, Underwriters Laboratories, fire or police department. You agree to pay a service charge if we respond to a service call or alarm at your Premises which is due to your failure to follow operating instructions or to properly lock or close a window, door or other protected point, or improper or unauthorized adjustment to any of the Equipment. Payment for such additional charges is due upon receipt of our invoice for such charges. 6. Installation and Sale. (A) We install Equipment according to local codes and ordinances (if applicable) and according to your particular preferences. Installation of Equipment is subject to the following conditions: (1) We can access your Premises without interruption during our installer’s normal working hours; (2) The installation may require drilling into various parts of your Premises; (3) You will provide 120V AC electrical outlets for power equipment in locations designated by the installer; and (4) You will be responsible for lifting and replacing carpeting, if required, for installation of floor mats or wiring. There may be areas where the installer determines that it is impractical to conceal equipment and wiring. You must within ten (10) days after the installation is complete, inspect the Equipment and notify us in writing of any problems. Otherwise, you will be deemed to have conclusively accepted the Equipment. If asbestos or other hazardous materials (“Hazardous Materials”) are encountered during installation, then installation work will cease until you, at your sole cost and expense, remove such Hazardous Materials. Protection One shall not be responsible for securing any Premises during the period of installation. (B) Ownership of the Equipment that we install under this Agreement shall be described in the paragraph titled “Transaction Type” on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection, and shall be one of the following: (i) Outright Sale. If you have elected to purchase the Equipment, then, except as set forth below, you will own the Equipment we install at your Premises when you pay the full purchase price described on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection. Notwithstanding anything in this Agreement to the contrary, ownership of (a) any communication device that makes use of radio, cellular or internet communication paths (including without limitation, all equipment associated with AlarmNet®) shall be retained by Protection One or its owner, and (b) certain intellectual property associated with the Equipment and our Services, such as certain software, data and installer/programming codes, shall remain the property of their respective owners. (ii) Protection One Owned Equipment. We retain ownership of the Equipment we install at your Premises. Upon the termination of this Agreement or any individual Premises, you agree that we may enter your Premises and remove our Equipment (including external signs and decals) and/or disable the Equipment. Should you fail or refuse to allow us access to your Premises, you also agree to: (a) pay us our reasonable charges for the Equipment, and (b) reimburse us for any other costs (including reasonable attorneys’ fees) that we may incur in seeking to gain access to remove the Equipment and/or to collect such charges. We have no obligation to repair or redecorate your Premises after any such removal. Our removal, disabling or abandonment of such Equipment does not constitute a waiver of our right to collect any unpaid Charges. (iii) Third Party Financed Sale. If you have elected to finance the purchase of some or all of the Equipment with a third party lender or leasing company, then title to the Equipment may be held by your lender/lessor as security for your loan/lease obligations. The terms of your agreement with the lender/lessor may require you to maintain insurance, may make you responsible for various other costs and fees, and may obligate you to pay the lender/lessor regardless of Protection One’s performance hereunder. Protection One makes no recommendations on lending or leasing sources and is not responsible for your selection of a lending or leasing source, or the terms of your agreement with the lender/lessor, and Protection One hereby disclaims any and all liability in connection with your arrangements with your lender/lessor. (iv) Conversion of Existing Equipment. If you currently have existing and compatible equipment at your Premises, we may utilize such equipment. Such existing Customer owned equipment shall remain your property. We may elect to repair or replace your nonfunctioning existing equipment to provide our Services and you agree to pay 183 us our then-current charges for any such replacement equipment, and you agree that any repairs needed to make the existing equipment operational will be performed on a time and materials basis at our then-current time and materials rates. We do not warrant equipment that we do not install. Our pricing and your costs under this Agreement are based on the assumption that any existing equipment in your Premises is compatible and is in good operating condition. If we determine that your existing equipment is incompatible or is not in good operating condition, then additional charges may apply. (C) Risk of Loss. Protection One is not liable or responsible for any damage, loss or casualty of or to any Equipment from any cause beyond our reasonable control. NO SUCH DAMAGE, LOSS OR CASUALTY WILL AFFECT YOUR RESPONSIBILITIES AND OBLIGATIONS UNDER THIS AGREEMENT. Unless you have purchased and paid the full purchase price for the Equipment, in which case the risk of loss to the Equipment is solely yours, you must keep the Equipment insured against all risks of loss in an amount equal to the replacement cost and, at our request, have us listed on the policy as the "loss payee." 7. Termination of Services; Default. (A) We may, at any time upon twenty-four (24) hours prior notice, terminate this Agreement and the Services at our option and without liability if: (1) Our Central Station, equipment or facilities, or the telephone network, are destroyed, damaged or malfunction so that it is impractical for us to continue the Services; (2) We cannot acquire or retain the transmission connections or authorization to transmit signals between your Premises and our Central Station or between our Central Station and any Emergency Response Providers; (3) We determine that it is impractical to continue our Services due to the modification or alteration of your Premises after installation of the Equipment; (4) The Equipment generates excessive false alarms due to circumstances beyond our reasonable control; or (5) You or your personnel fail to follow our recommendations to repair or replace any defective parts of the Equipment not covered under the Limited Warranty or Extended Service Plan (if applicable), or fail to follow operating instructions for, or tamper with, the Equipment. Additionally, upon thirty (30) days prior notice to you, we may terminate this Agreement for any other reason at our discretion. If we terminate this Agreement for any of these reasons, then we will refund any advance Service Charges for Services to be provided after the termination date, less any Equipment Charges still due, but we shall not be liable as a result of any such termination. (B) In addition, you shall be in breach, and we may, at our option, terminate this Agreement and exercise our remedies for the enforcement of this Agreement if: (1) You fail to pay any Charges or other amounts due hereunder or under any other agreement you have with us, and such failure continues for ten (10) days after we provide written notice to you; (2) Any representation you have made herein or in any other agreement you have with us is determined to be materially untrue; (3) you breach any warranty contained herein or in any other agreement you have with us; (4) you otherwise fail to comply with any non-monetary obligation or covenant contained herein or in any other agreement you have with us, and such failure continues for thirty (30) days after we provide written notice to you; (5) You deny us reasonable access to the Equipment located at any Premises; or (6) You become a debtor in a bankruptcy or other insolvency proceeding. We may charge you interest at the highest legal rate allowed on past due amounts. You agree to pay us all reasonable costs, fees and expenses incurred by us in connection with the enforcement of this Agreement, including collection expenses, court costs, and reasonable attorneys’ fees. (C) Any default by you under this Agreement shall also be a default by you under any other agreement between you and us. 8. Representations and Warranties. You represent and warrant that you: (a) requested the Equipment and Services specified in this Agreement for use in commercial purposes and not for personal, family or household purposes or for or on behalf of a third party; (b) own the Premises or otherwise have the legal authority to authorize us to install the Equipment in the Premises; (c) will comply with all laws, codes, and regulations pertaining to the Premises and your use of the Equipment or our Services, and (d) are not using or passing through any Federal funds for the purpose of paying for any of the Equipment or Services we are providing under this Agreement. 9. We Are Not an Insurer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, YOU AGREE THAT: (A) WE ARE NOT AN INSURER OF YOU, PERSONS WORKING OR OTHERWISE PRESENT AT YOUR PREMISES, OR OF YOUR PREMISES OR ITS CONTENTS; (B) IT IS YOUR RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING YOU, YOUR PREMISES AND ITS CONTENTS, YOUR EMPLOYEES, INVITEES AND OTHER AFFECTED PERSONS AND PROPERTY; (C) OUR CHARGES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE EQUIPMENT AND SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THIS AGREEMENT, AND ARE NOT BASED ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY (INCLUDING DEATH) TO AFFECTED PERSONS; AND (D) THE EQUIPMENT AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT. WE CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT OR SEVERITY OF ANY DAMAGES OR INJURIES THAT MAY BE INCURRED BY YOU AND OTHER PERSONS WHICH COULD BE DUE TO THE FAILURE OF THE EQUIPMENT OR SERVICES TO WORK AS INTENDED. AS SUCH: (I) YOU AGREE THAT THE LIMITS ON OUR LIABILITY AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES; (II) YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES; AND (III) EXCEPT AS PROVIDED IN PARAGRAPH 10 BELOW, YOU WAIVE ALL RIGHTS AND REMEDIES AGAINST US, INCLUDING ALL RIGHTS OF SUBROGATION, THAT YOU, ANY INSURER OR ANY OTHER THIRD PARTY MAY HAVE DUE TO ANY LOSSES OR INJURIES YOU OR OTHERS MAY INCUR. THIS PARAGRAPH 9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR ACCOUNT, AS WELL AS VOLUNTARY PAYMENT IN FULL BY YOU, ANY LEGAL PROCEEDINGS BY US TO COLLECT A DEBT OWED BY YOU, ANY BANKRUPTCY BY YOU, AND/OR ANY SALE BY US OF YOUR ACCOUNT. 10. Indemnity; Limitation of Liability. (a) Indemnity. We will hold you, your officers, directors, agents and employees, harmless from any claim, demand, losses, damages, injuries (including death), liabilities or other expenses (“Losses”) to the extent and only to the extent that such Losses 184 result solely and directly from the negligent acts or omissions of Protection One, its agents or employees, during and within the scope of employment of such persons while present at a Premises; provided, however, that the terms of this Paragraph 10(a) shall not apply to, and we shall not in any event be liable for, Losses: (i) arising out of, resulting from, or in any way due or attributable to, the condition, nonfunctioning, malfunction, faulty design, faulty installation, or failure in any respect of the Equipment or Services to operate or perform as intended (collectively, “Alarm Failure Events”), regardless of whether such Alarm Failure Events arise out of the negligent acts or omissions of Protection One, its agents, employees, subcontractors and/or suppliers (including software suppliers); and/or (ii) any loss of or damage to any computer system or electronic data arising out of, resulting from, or attributable to, an Alarm Failure Event or your request for our technician to access your systems or program your firewalls, routers and switches. Any liability of Protection One for Alarm Failure Events or Losses arising out of Alarm Failure Events is strictly limited pursuant to Paragraph 10(b) below. (b) Limitation of Liability for Alarm Failure Events. NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIABLE FOR ANY LOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY ALARM FAILURE EVENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR THE ADEQUACY OF THE EQUIPMENT DESIGN OR DESIGN CRITERIA ESTABLISHED BY YOU, YOUR DESIGN PROFESSIONAL, OR LOCAL CODE REQUIREMENTS. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 10(B), WE OR ANY PERSON OR ENTITY AFFILIATED WITH US ARE DETERMINED TO BE RESPONSIBLE FOR ANY LOSSES ARISING FROM ANY ALARM FAILURE EVENT, YOUR CLAIMS AGAINST US AND/OR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIMITED TO $2,000.00. THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ALARM FAILURE EVENT, EVEN IF CAUSED BY PROTECTION ONE’S NEGLIGENCE OR THAT OF OUR AFFILIATES OR OUR RESPECTIVE EMPLOYEES OR AGENTS, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHER FAULT. AT YOUR REQUEST, WE MAY IN OUR SOLE DISCRETION AGREE TO ASSUME ADDITIONAL LIABILITY BY THE ATTACHMENT OF AN AMENDMENT TO THIS AGREEMENT STATING THE EXTENT OF OUR ADDITIONAL LIABILITY AND THE ADDITIONAL COST TO YOU. YOU AGREE THAT WERE WE TO HAVE LIABILITY GREATER THAN THAT STATED ABOVE, WE WOULD NOT PROVIDE THE EQUIPMENT OR SERVICES. (c) Intellectual Property Indemnification. If Protection One has received from the manufacturers of the Equipment we install, an agreement to indemnify and/or defend any claim or suit or proceeding brought against Protection One based on a claim that the sale, use or transfer of any Equipment is an infringement of any third party's patent or property rights, then Protection One shall indemnify you and defend you against all such claims to the extent (and only to the extent) such an indemnity and/or defense is provided by the pertinent Equipment manufacturers. Should you receive notice that the Equipment allegedly infringes the rights of any third party, you shall promptly notify Protection One in writing, and shall give full authority, information and assistance to Protection One in connection with its investigation of the claim, and in connection with any settlement or compromise of such claim made with your consent, which shall not be unreasonably withheld, conditioned or delayed. In addition, Protection One may, at its sole cost and expense, elect to replace or modify the Equipment so that alleged infringement will not exist; provided, however, that such replacement equipment or modified equipment will continue to have at least the same functionality and performance specifications as the Equipment installed pursuant to this Agreement, and shall be acceptable to you in your reasonable discretion. Protection One shall not have any other liability to you with respect to claims of intellectual property infringement. (d) Consequential Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECULATIVE, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (e) Survival. The terms of this Paragraph 10 shall survive the termination of this Agreement and of your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 11. Hold Harmless. If any third party files any claim or legal action against us, or any other person or entity authorized to act on our behalf, arising from any Alarm Failure Event as defined in Paragraph 10(a) above, then you agree to indemnify, defend and hold us, completely harmless from any such actions, including all damages, expenses, costs, and attorneys’ fees we incur. This indemnification shall apply even if such actions arise from our negligence, breach of contract, breach of warranty, strict liability or other fault (and/or the negligence, breach of contract, breach of warranty, strict liability or other fault of our subcontractors and/or suppliers, including our software suppliers), subject to our limited liability set forth above. This provision shall survive the termination of this Agreement and your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 12. Customer Duties. You agree to: (a) instruct all persons who use the Equipment on its proper use; (b) test the Equipment’s protective devices and send test signals monthly to our Central Station; (c) turn off, control or remove all air conditioning systems, heaters and other items that interfere with alarm detection devices; (d) notify us immediately if a problem with the Equipment occurs; (e) obtain and keep in effect all permits and licenses that may be required for the installation and operation of the Equipment; (f) pay all usage fees imposed by any governmental authority in connection with the Equipment; (g) provide us a complete Monitoring Information Schedule so we may call your designated contacts in the event we reasonably believe there is an emergency at your Premises; (h) provide us any other emergency information we may request; (i) promptly update us in writing with any changes to your Monitoring Information Schedule; and (j) notify us prior to any change in your phone service, 185 including, but not limited to a disconnection of your regular phone line or any change in vendors of your phone service. Your failure to perform under this Paragraph 12 is a material breach of this Agreement. You agree that we may provide the information on the Monitoring Information Schedule to any governmental authority having jurisdiction over us or the Equipment. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS AND LICENSES FOR USE OF THE EQUIPMENT HAVE BEEN OBTAINED, AND THEREFORE WE MAY NOT BEGIN MONITORING THE EQUIPMENT, AND MAY NOT DISPATCH EMERGENCY AUTHORITIES IN THE EVENT OF AN ALARM ACTIVATION, UNTIL YOU HAVE OBTAINED, AT YOUR EXPENSE, ALL NECESSARY PERMITS AND LICENSES, AND PROVIDED US WITH THE LICENSE OR PERMIT NUMBER. 13. Services. A. Monitoring Services. If you have subscribed to Monitoring, Signal Receiving and Notification Services, we shall program the Equipment to communicate to our monitoring facility (“Central Station”). When the Central Station receives an alarm signal from the Equipment (an “Alarm Event”), we will make reasonable efforts, consistent with local laws and our response policies, to contact the appropriate local emergency response provider (“Emergency Response Provider” or “ERP”), and the first person designated on your Monitoring Information Schedule. In the event a burglar alarm signal or fire signal registers at the Central Station, we may, in our sole discretion, endeavor to contact the Premises by telephone to verify that the Alarm Event is not a false alarm. Local governmental regulations and industry standards designed to reduce false alarms may result in conditions or restrictions on the dispatch of ERPs in response to an Alarm Event, and such conditions or restrictions may result in delays of notification of authorities or require that additional measures be taken to verify the Alarm Event before dispatch. We do not guarantee that such additional measures will be successful or that Emergency Response Providers will be dispatched should an Alarm Event occur. In the event a supervisory signal or trouble signal registers at our Central Station, we shall endeavor to notify the Premises or the first available person designated on your Monitoring Information Schedule. We may, without notice to you, in response to governmental or insurance requirements, or otherwise in our sole discretion, alter, amend or discontinue any of our policies and procedures for alarm response. Also, you acknowledge and agree that any special instructions provided by you for the handling of alarm signals must be presented and agreed to by us in writing. We may, in our sole discretion, reject your special instructions. You understand that any deviation from our normal Alarm Event handling procedures may result in increased risk of loss or damage to you and your Premises. (i) Telecommunications. You agree to provide a traditional telephone connection to the Public Switched Telephone Network. Such connection shall have priority over any other telephone or other equipment, and shall be within ten (10) feet of the Equipment control panel. You acknowledge that your use of DSL, ADSL, Digital Phone, or Voice over Internet Protocol (VoIP), or other internet based phone services may cause signal transmission to our Central Station may be interrupted, and that we do not recommend use of such services for signal transmission unless supplemented by a backup service which may be provided by us for an additional charge. If the Equipment is configured to operate over such nontraditional service, or if you change your phone service to a nontraditional phone service after installation, then you acknowledge that signal transmission may be interrupted by irregularities or changes in that service, power outages, and other circumstances beyond our control. ACCORDINGLY, IMMEDIATELY AFTER THE INSTALLATION OF DSL, ADSL, DIGITAL PHONE, VoIP, OR OTHER BROADBAND OR INTERNET PHONE SERVICE YOU MUST NOTIFY US AND MUST TEST THE EQUIPMENT'S SIGNAL TRANSMISSION WITH THE CENTRAL STATION. At your request, we may provide alternative forms of alarm communication utilizing your broadband internet service or a radio or cellular based system. You authorize us, on your behalf, to request services, orders or equipment from a telephone company or other company providing signal transmission or reception services or facilities under this Agreement. These services include providing lines, signal paths, scanning, transmission and/or reception. You agree that the telecommunication provider’s liability is limited to the same extent our liability is limited pursuant to the terms of this Agreement. (ii) Digital Communicator. If connection to our Central Station is to be by Digital Communicator, you agree to provide a connection via a registered telephone jack to a telephone channel required for the Equipment. Such connection shall have priority over any other telephone or Customer equipment, and shall be within ten (10) feet of the Equipment control panel. At your request, and at your sole cost and expense, we will provide such connection. You also acknowledge that our Central Station cannot receive signals should your transmission mode become nonoperational for any reason, and that signals from the digital communicator cannot be received if the transmission mode is cut, interfered with, or is otherwise damaged. (iii) Radio Interface. If connection to our Central Station is to be by radio frequency, such as cellular or private radio, there may be times when the Equipment will be unable to acquire, transmit, or maintain an alarm signal, and that radio frequency transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including storms and power failures. Accordingly, the utilization of an additional means of communications is recommended. Also, changes in rules, regulations and policies of the FCC and other governmental bodies may require discontinuation or modification of some or all of these Services. B. Internet Protocol Based Services. If any of the Services you select communicate or transmit over an internet protocol based service, you acknowledge and agree that: (i) you will maintain 120V AC power supply for each device; (ii) we are not responsible for your network or internet services, which may be affected by conditions beyond our control, and that any interruptions in your network or internet service may cause the Services to fail to operate as intended; (iii) you may be required to maintain a static IP address, which may require you to incur additional costs, and that any changes to your IP address may cause a service interruption; (iv) you may be required to open certain port(s) on your firewall for proper communication; and (v) you are responsible for the configuration of your routers, firewalls, switches, and hubs, if applicable, to ensure communication with our 186 Central Station. C. Limited Warranty. Subject to the limitations and exclusions set forth below, during the Warranty Period following installation reflected on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection, we will at our cost, repair or, at our option, replace, any defective part of the Equipment we install, including wiring, and will make any needed mechanical adjustments. We will use new or reconditioned parts for replacements. Our obligations under this Paragraph are for your benefit only, and may not be enforced by any other person. The laws of your state may give you rights in addition to or different from those described herein. D. Extended Service Plan. Subject to the limitations and exclusions set forth below, if you have subscribed to our Extended Service Plan, then in lieu of our Limited Warranty obligation, we will at our cost repair the Equipment we install for the duration of the term of such Extended Service Plan. Your participation in the Extended Service Plan will automatically renew for successive thirty (30) day terms at our then-current Extended Service Plan rates unless terminated by either party’s written notice given at least thirty (30) days before the end of the then-current term. If you subscribe to the Extended Service Plan after the initial installation, the Equipment must be in good working condition at the time of subscription. To purchase our Extended Service Plan, call 1-800-GET-HELP. (i)  Extended Warranty. Subject to the limitations and exclusions set forth below, during the first ninety (90) days after installation, we will at our cost, repair or, at our option, replace, any defective part of our Installed Equipment, including wiring, and will make any needed mechanical adjustments. We may use reconditioned parts for replacements. Our obligations under this paragraph are for your benefit only, and may not be enforced by any other person. After (90) days with respect to Repair Service pricing, a $25 trip charge will be charged by Dealer for each Repair Service dispatch to the Monitored Location. In addition, if your equipment ceases working but is not covered by our warranty, Customer is responsible to pay Dealer for any and all costs and fees associated with repairs or services made to the Equipment, including but not limited to hourly service rates and the cost of replacement parts, all charged at Dealer’s then-current rates. The laws of your state may give you rights in addition to those described herein. E. Cameras/Video. We will install and connect the camera devices described in this Agreement at your Premises. You acknowledge and agree that: (i) the Equipment is being installed at your specific request and is for the safety and security of the employees, invitees and other persons at the Premises, and for no other purpose; (ii) the Equipment will only be installed in public areas within the Premises, and will not be installed or utilized in any area where persons have a reasonable expectation of privacy, such as bathrooms, etc.; and (iii) You will provide adequate illumination under all operational conditions for the proper operation of the video camera and will provide the 120 AC power supply where required. Based on the following service selections, the camera(s) will be configured as follows: (1) e-Secure Video: the camera(s) may (i) provide live streaming video which may be viewed from your Protection One account on a PC with adequate internet connectivity, or (ii) send video related to specific Alarm Events which may be forwarded to your e-mail account or mobile device. Protection One will not receive or store these video recordings. (2) Verification Video Service: the Equipment will be configured to send images to an alarm operator for verification of video images directly associated with fire, burglary, panic, or critical condition alarm signals. If Video Verification is being furnished under this Contract, Customer agrees and understands that Protection One will access and view Customer’s images and other data captured by the equipment and endeavor to use said images and other data to provide visual verification of an alarm event. Further, Customer understands and acknowledges the inherent limitations associated with visual verification, including without limitation, (i) inadequate illumination of viewing area; (ii) physical obstructions in the field of view of the video camera and (iii) inadequate receipt, clarity, placement or quality of the images. Protection One does not guarantee that viewing the images captured by the equipment will result in effective visual verification of events requiring alarm response.Customer assumes full responsibility for: (a) the placement, direction and presence of equipment; (b) transmission, transfer or other use of any images or other data captured by the equipment; (c) the manner of use of the equipment and any equipment or data captured by the equipment; (d) complying with all applicable laws, rules, regulations and ordinances in connection with the use and operation of the equipment. (3) Remote Tours: an alarm operator will review video images at regular intervals as scheduled by you for images associated with critical and non-critical events or conditions as defined by you and accepted by us. F. Radio/Cellular Service. (i) Backup: We will install and connect a radio or cellular transmission device to your alarm System. The transmission device will be a backup communication link with our Center in the event that your regular telephone service or primary communication link to our Center is disrupted. (ii) Primary: If you select Primary service, a radio or cellular transmission device will be your alarm System’s only communications link with our Center. If you have selected Backup or Primary services, you acknowledge there may be times when your System will be unable to acquire, transmit, or maintain an alarm signal, and that radio frequency transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including storms and power failures. Accordingly, the utilization of a backup means of communication with our Center is always recommended. Also, changes in rules, regulations and policies of the FCC and other governmental bodies may require discontinuation or modification of some or all of these Services. Should your cellular or radio transmitter malfunction, it could interfere with the proper operation of the entire network communicating with our Center and other communications transmissions. FCC regulations require that we or our contractors or designees have immediate access to your transmitter in the event of such a malfunction or emergency, and you agree to permit access to such persons in such an event. Should you refuse to provide such access, you agree we will be entitled to obtain an ex parte court order permitting access to either repair or remove the transmitter, or take such other steps as are appropriate under the circumstances. You agree to pay all reasonable expenses, including attorneys’ fees, we incur in connection with such proceedings. G. Wireless Devices. You understand that all wireless devices, including but not limited to, wireless local area network (WLAN or WiFi) networks and paths, wireless motion detectors, wireless smoke detectors, wireless door and window contacts, wireless home automation transmitters, and other wireless devices installed under this Contract are not physically connected to the System (e.g., by electrical wire) and require a radio frequency network or path to operate. THESE WIRELESS DEVICES WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE RADIO FREQUENCY NETWORK OR PATH IS IMPAIRED, 187 INTERRUPTED, OR BECOMES INOPERABLE FOR ANY REASON WHATSOEVER. THESE WIRELESS DEVICES MAY USE FREQUENCIES AND SIGNAL PATHS THAT ARE NOT ENCRYPTED, AND ARE THUS SUBJECT AND VULNERABLE TO, INTERUPTION, INTERCEPTION, INTERFERRENCE, CORRUPTION, ALTERATION, BLOCKAGE, MANIPULATION, AND TAMPERING. It is your sole responsibility to maintain all wireless local area network (WLAN or WiFi) networks and paths. Protection One recommends that you regularly inspect any wireless network and wireless devices and test them weekly to help maintain continued operation. Protection One also recommends that you carefully read and follow the owner's manual, instructions and warnings for all equipment, including all wireless devices. H. e-Secure. If you have subscribed to e-Secure services, you will have access to your monitoring account via an internet or other connection, and will be able to remotely arm, disarm and make changes to, and receive various notifications from, the Equipment. Based on your account configuration, you may also receive e-mail, text or video transmissions notifying you of selected events that occur with the Equipment. You agree that these notifications are not intended to replace our professional monitoring services and understand that there is inherent risk associated with response to potential Alarm Events. Under no circumstances will we be liable for any loss, injury or damage of any kind incurred as a result of your response to these notifications. We are not responsible for any software or hardware purchases necessary for you to remotely access the Equipment. Also, we are not responsible for your internet, cellular or telecommunication services, which can be affected by conditions beyond our reasonable control. I. Direct Connect Services. If this Agreement so indicates, we will install a direct connection to the law enforcement, fire department or other agency shown on your Monitoring Information Schedule. Alarm signals transmitted by the Equipment will be monitored by the police and/or fire departments or other ERP’s or their agents. You acknowledge and agree that such agencies are not the agents of Protection One. Protection One hereby disclaims any responsibility for the manner in which such signals are monitored, and/or the response, or lack of response, to such signals by the persons monitoring the Equipment. J. Inspections. We will provide the number of inspections of the Equipment as specified in this Agreement during our normal working hours and subject to the conditions and exclusions set forth in Paragraph 14 below. K. Alarm Verification. If your police or fire department now or in the future requires physical, visual or other verification of an emergency condition before responding to a request for assistance, then you agree to subscribe to such verification service, or otherwise comply with such requirements. We may charge an additional fee for such service. L. Device Verification Service. If you subscribe to Device Verification service, Equipment will be installed which, as to certain locations in the Premises, requires the activation of two (2) or more sensing devices, requires a second activation of a single alarm sensor, or requires a continuous alarm event from a single sensor, in order for an alarm signal to be transmitted. You assume full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting Equipment at the Premises. M. Vault Protection. You represent and warrant to us that any vault covered under this Agreement by sound or vibration detection systems has the minimum construction characteristics prescribed by the Underwriters’ Laboratories, Inc. You agree to test any ultrasonic, microwave, capacitance or other electronic equipment designated in this Agreement prior to setting the Equipment for closed periods according to procedures established from time to time by Protection One, and to notify us promptly in the event that such equipment fails to respond to the test. N. eSuite. If you have subscribed to eSuite services you will have access to the eSuite online web portal where authenticated users have varying levels of visibility of alarm account activity, contact lists, reporting capabilities and electronic notification options. Level of functionality will depend on the level of eSuite that you have subscribed to. O. eVideo. If you have subscribed to eVideo services and a compatible video alarm verification service from Protection 1, you will have access to view alarm incident video via an eVideo tab on your eSuite account page. 14. Limitations on our Warranty, Extended Service Plan and Service Obligations. We perform repair services only during our normal working hours which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. IF YOU REQUEST US TO PERFORM REPAIR SERVICES OUTSIDE OF OUR NORMAL WORKING HOURS, THEN WE MAY REQUIRE YOU TO PAY FOR OUR SERVICES AT OUR THEN-CURRENT RATES FOR LABOR AND PARTS. The Extended Service Plan shall apply to consumable items such as batteries, and to window foil, security screens and exterior mounted devices, only for the Warranty Period following installation. In addition, we have no obligation under our Limited Warranty or Extended Service Plan if we determine that any of the following conditions caused the need for service: (A) Damage resulting from storms, natural disasters, accidents, acts of God, strikes, riots, floods, terrorism or any other cause beyond Protection One’s reasonable control; (B) Your failure to properly close or secure a door, window or other point protected by an alarm device, or to properly follow operating instructions; (C) Telephone line malfunctions or modifications to your telephone service that render it incompatible with the Equipment or our Central Station; (D) Your failure to provide ordinary maintenance to the Equipment or its components (repairs due to ordinary wear and tear are not excluded under our Extended Service Plan), or you permit anyone other than our authorized representative to perform service on the Equipment; (E) Physical alterations to your Premises or to the Equipment, or made necessary by damage to your Premises or the Equipment; or (F) Any of the reasons described in Paragraph 5 above. Our warranty applies only to Equipment installed by us. You must furnish the necessary electrical power at your expense to obtain warranty services. Charges for non-covered repairs will be at our then-current labor and material rates, including a minimum visit or trip charge. OTHER THAN THE LIMITED WARRANTY AND OUR OBLIGATIONS UNDER THE EXTENDED SERVICE 188 PLAN (IF SUBSCRIBED TO), WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES WE PERFORM OR THE EQUIPMENT WE PROVIDE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE. 15. Delays. We shall have no liability for delays in installation of the Equipment or for the consequences thereof, however caused, or for interruptions of Service or for the consequences thereof, due to strikes, riots, floods, acts of God, terrorism, or any other causes beyond the reasonable control of Protection One, and Protection One will not be required to provide Services or substitute services to you while any interruption of Services due to any such causes shall continue. 16. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, provided you are not in default under this Agreement, you may assign this Agreement in its entirety, without our consent, in connection with a merger, acquisition, corporate reorganization, or a sale of all or substantially all of your assets, to a person or entity which expressly assumes and agrees to perform your obligations hereunder. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns. We may assign this Agreement or subcontract any or all of our obligations under this Agreement without your consent and without notice to you. The provisions of this Agreement (i) apply to and inure to the benefit of each of our assignees, subcontractors and/or suppliers (including our software suppliers), and (ii) bind you to all such persons or entities with the same force and effect as they bind you to Protection One. This includes the protections set forth in Paragraphs 9, 10 and 11. In this Agreement, “Services” shall be deemed to include all alarm monitoring-related services, including but not limited to all such services provided, in whole or in part, though or in common with any software that we license from our software suppliers. 17. Severability. If any of the provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect. 18. Arbitration of Disputes. In the event any claim or dispute, regardless of its basis, arises between you and us, including any claim or dispute relating to this Agreement, any of your Premises, the Equipment, our Services, or the Charges due hereunder, or under any other agreement between you and us (collectively, your “Account”), or the scope of this arbitration provision, you or we may elect to resolve the claim or dispute by binding arbitration. Neither you nor we shall be entitled to join or consolidate claims in arbitration, or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. The filing of a lawsuit by any party shall not constitute a waiver of any rights under this arbitration provision. The arbitration shall be conducted by the American Arbitration Association in accordance with its procedures in effect when the claim is filed. This Paragraph 18 and any arbitration conducted hereunder shall be governed by the Federal Arbitration Act (FAA). Any arbitration hearing will take place in Dallas, Texas. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator’s decision will be final and binding, except for any appeal rights under the FAA, and except that if the amount in controversy exceeds $100,000.00, any party may appeal the award within thirty (30) days to a three-arbitrator panel which shall review the award de novo. The prevailing party shall be entitled to reimbursement of all its costs and expenses, including reasonable attorneys' fees, from the non-prevailing party. Judgment upon any arbitral award may be enforced in any court having jurisdiction. 19. Legal Actions. All claims, disputes and legal actions arising under this Agreement (a “Legal Action”) will be governed by the laws of the State where your Premises is located and any applicable Federal laws, without regard to conflict of law principles. You agree to file any claim, dispute or Legal Action arising out of this Agreement, the Equipment or our Services (whether based in negligence, breach of contract, breach of warranty, strict liability, or other fault) within one (1) year after the date the cause of action for such claim accrued. This provision shall survive the termination of this Agreement and your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 20. Entire Agreement. This Agreement is the entire agreement between you and us, and supersedes all previous contracts or agreements between you and us regarding alarm or similar services. You agree that we are not bound by any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement. The terms and conditions of this Agreement shall govern over the provisions of any other document, including but not limited to your purchase orders, with inconsistent terms. 21. Execution. This Agreement and any signatures on it may be transmitted and delivered by facsimile or other electronic means (such as email), and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal force and effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted version of this Agreement, whether printed or electronic, also is to be treated as an original for all purposes, with the same legal force and effect as a signed paper contract. Your obligations under this Agreement are binding on all authorized users of the Equipment. Each party has substantially participated in the drafting and negotiation of this Agreement, and no provision hereof shall be construed against either party by virtue of the fact that such provision was drafted by such party. Each party represents and warrants that it has the unqualified right to enter this Agreement, and that it has the right to perform all obligations under this Agreement. 22. Alarm.com If your alarm monitoring system includes Mobile Control, you acknowledge that (i) you have read and accepted the Alarm.com terms below, and (ii) you must activate your Alarm.com account online pursuant to the instructions given to you by 189 us, and until you activate your Alarm.com account, you will only have Alarm.com Signal Forwarding services and NOT Mobile Control services, which means, among other things, that you will not have the enhanced Mobile Control service, which means, among other things, that you will not have the enhanced Mobile Control service known as “Entry Delay Crash and Smash,” which makes it difficult for an intruder to disarm your panel upon entry into your premises. In addition, once your Alarm.com account is activated, in order to maintain the enhanced Mobile Control services, you must arm/set your alarm system at least once every 30 calendar days. If you fail to arm/set your alarm system at least once every 30 days, then you will automatically and without further notice only have Alarm.com Signal Forwarding services going forward until such time as you contact us to reactivate your Mobile Control services. Therefore, we strongly encourage you to activate your Alarm.com account and arm/set your alarm system often, but at a minimum every 30 days, in order to retain the enhanced Mobile Control services. Alarm.com TERMS IMPORTANT -- READ CAREFULLY: You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services dealer (“Dealer”) pursuant to an agreement with the Dealer (“Dealer Agreement”). Alarm.com Incorporated, a Delaware corporation (“Alarm.com” or “us” or “we”), has authorized the Dealer to market and sell Alarm.com’s services (“Services”) to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices (“Equipment”) that enable the Services. Sections A1 through A12 herein constitute the terms and conditions of Alarm.com’s offering of the Equipment and Services (“Terms”) and are part of your agreement with the Dealer and contain, among other things, important warranty disclaimers (Section A4) and limitations of liability (Section A5) applicable to the Services and the Equipment. By signing your agreement with the Dealer, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms. You agree that these Alarm.com Terms may be enforced by us directly. A1. Pursuant to the Dealer Agreement, you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that (a) you have had the opportunity to read and review these Alarm.com Terms before entering into the Dealer Agreement, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Services become unavailable to you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or any Equipment, except if and to the extent otherwise required by law. We may modify these Alarm.com Terms from time to time to comply with applicable law. A2. The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Materials”) and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of any Materials, (ii) the transferring or purported resale, licensing or sublicensing of any Materials, or (iii) the removal, delivery, or exportation of any Materials outside the United States or any other act in violation of any relevant export laws or regulations. A3. If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices. A4. THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE SERVICES, MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECTOR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES, EQUIPMENT AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT 190 PERMITTED BY LAW, ALARM.COM DISCLAIMS (A) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (B) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (C) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON- INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES. A5. (A) YOU AGREE THAT ALARM.COM IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY. (B) ALARM.COM IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES (DIRECTOR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALARM.COM’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OR ANY DEALER AGREEMENT OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS, ALARM.COM IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, MATERIALS OR EQUIPMENT, THEN THE LIMITATION OF ALARM.COM’S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE SERVICES. (C) YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL ALARM.COM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES. (D) YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO US. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY. A6. You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary. A7. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss. A8. You understand and agree that these Alarm.com Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors. A9. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT. A10. These Alarm.com Terms shall be governed by the law of the State of Delaware, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a lawsuit for a dispute arising under or related to these Alarm.com Terms or in any way relating to the Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure 191 section 638 et seq. and 641 through 645.1 or any successor statutes thereto. A11. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” A12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM.COM AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR. LICENSE INFORMATION: AL Complaints against licensees may be directed to the Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116, (334) 264-9388; AK 37950, 5520 Lake Otis Pkwy., Anchorage, AK 99507; AR CMPY.0002133, Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock, AR 72209, (501) 618-8600; AZ ROC 279591; CA ACO7155, alarm company operators are licensed and regulated by the Bureau of Security & Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814, 974443, PPO17232; CT ELC.0106069-L5; DC ECS902743; FL EF0001121; GA LVA205265, -205326, -205572, -205679, -205939, -205944, -205519 LVU405673, -004349, -406440; HI CT-32297; ID ELE-SC-2643; IL 124001792; LA F1639, F1640, F1643, F1654, F1655; MA 172C; MI 3602207209, 5103397 - 6060 Torrey Rd., Ste. D, Flint, MI 48507; MN TS650251; NC Alarm Systems Licensing Board, 4901 Glenwood Avenue, Suite 200, Raleigh, NC 27612 (919) 788-5320; 7535P2, 7561P2, 7562P10, 7563P7, 7565P1, 7566P9, 7564P4; NM 374838; NV 0077105; NJ Electrical Contractor Lic. #’s 34FA00140500, 34BA00179000 - 200 East Park, Ste. 200, Mt. Laurel, NJ 08054; NY 12000305615, Licensed by NYS Dept. of State; OH 50-18-0018, 50-25-0023, 50-29-0003, 50-31-0014, 50-48-0008, 50-50-0005, 50-76-0006, 50-89-0016, 53-89-1726; OK 1995; OR 196560; PA Pennsylvania Home Improvement Contractor Registration Number: PA090797; RI 35683; TN ACC-1688, -1689, -1690, -1691, -1692, -1693, -1694, -1695, -1696; TX B17944 -1817 W. Braker Ln. Ste. 400, Austin 78758 - Texas Private Security Bureau, 5805 N. Lamar Blvd., Austin 78752; UT 8289653; VA 11-7345, 11-7348, 11-7351, 11-7354, 11-7598, 11-7900, 11-8205, 11-8353, 11-8447 2705147728 Class B Contractor Classification ESC; WA ADTLLL881DO, 11824 N Creek Pkwy #105, Bothell, WA 98011; WI 1210943; WV 049758. MS 15019511 (REMAINDER OF PAGE INTENTIONALLY BLANK - SIGNATURES ON FOLLOWING PAGE) 192 Signatures NOTICE: Our charges under this agreement are based on your agreement to receive and pay for the services for a full Sixty (60) month term. IF THIS AGREEMENT IS TERMINATED BY YOU PRIOR TO THE END OF THE THEN-CURRENT TERM, EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE TO PAY US THE SERVICE CHARGES THAT WOULD HAVE BEEN PAYABLE BY YOU FOR THE REMAINING TERM OF THE AGREEMENT BUT FOR THE EARLY TERMINATION HEREOF. ATTENTION IS DIRECTED TO THE WARRANTY, LIMITATION OF LIABILITY AND OTHER TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. This Agreement is not binding upon Protection One unless and until either signed by an Authorized Manager of Protection One, or we begin the installation of Equipment or provision of Services. You acknowledge that you may not receive a copy of this Agreement signed by Protection One's Authorized Manager, and that such lack of receipt shall not, in any way, invalidate or otherwise affect this Agreement. •I am at least 18 years of age, and the information I have provided is true and correct to the best of my knowledge. •I have read, understood, and agree to this Agreement, which contains important information regarding the Equipment and Services provided by Protection One. •I understand and agree that the placement of my signature electronically on this page constitutes my electronic signature for this Commercial Schedule of Protection Proposal and Sales Agreement, which is a valid and binding signature under the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act"). [[SertifiSStamp_1]][[SertifiSStamp_2]] Customer Signature Protection One Authorized Manager 193 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 19. ADT Commercial Security Proposal: City Hall 194 Branch:0092 Sales Representative:James McCane Today's Date:8/27/2019 Customer Information Business Name:TYBEE CITY HALL Phone:(912)844-6742 Address:403 BUTLER AVE Billing Address:403 BUTLER AVE TYBEE ISLAND, GA 31328 TYBEE ISLAND, GA 31328 Customer agrees to pay the Total Equipment and Installation Charge shown above, plus applicable taxes (collectively, the "Equipment Charges"). Simultaneously with the execution of this Agreement, Customer shall pay $16,800.81 of these Equipment Charges, with a remaining balance of $0.00 to be paid upon completion of the installation and as a precondition of activation of the Equipment and, if applicable, connection to the Central Station or direct connection service. Financial Summary Site Location Information Location Name: TYBEE CITY HALL Address:403 BUTLER AVE TYBEE ISLAND, GA 31328 Site #:0 Phone:(912)844-6742 System Design Information System Design Name:DMP Access /BA Design Job #: Transaction Type P1 Owned Warranty Period Extended Service Plan 12 Months Included In Rate Services Total Equipment and Installation Charge: $16,800.81 Recurring Service Charges: $552.93 per month In addition to the Equipment Charges, Customer agrees to pay the Recurring Service Charges shown above, plus applicable taxes (collectively, the "Service Charges") for the usage of any Protection One Owned Equipment and any other recurring services selected, such Service Charges to be paid Monthly, in advance. Customer has made an advance payment of Service Charges in the amount of $0.00 at the time of sale. COMMERCIAL SCHEDULE OF PROTECTION PROPOSAL AND SALES AGREEMENT Licenses and Permit Charge: $0.00 Customer agrees to pay the total Licenses and Permit Charge shown above (collectively, the "License and Permit Charge"). Customer shall pay $0.00 at the time of sale. 195 Equipment List Quantity Material Code Description 1 7060-W Keypad, Lcd, Green Backlight, Shortcut Keys, White, 3 1141-W Wireless wall mount panic button 4 1101-W Wireless Door/Window Sensor, Universal Transmitter, internal contact and terminal for wiring an exte 1 1100R-W Wireless Repeater For Xr And Xt 1 1100XH-W High Power Receiver For Xr150 And Xr550 Wireless Systems 7 86562 12V-7AH SEALED LEAD ACID 15 734 Wiegand Interface Module For Door Access 15 T.REX-LT-NL T.Rex Request To Exit Detector, W/ Tamper And Timer, No Logo, White 11 423U Exit Switch, 2 Inches, Push To Exit Button, Green Illuminated Lens, 1-Gang, Integrated 1-60 Second T 3 AL600ULM Al600Ulx W/Mom5 Intrfce Instld 15 PP-6005B ProxPoint Plus Proximity Reader 5 1326/10 ProxCard II Card, 10 pack 2,000 WG-31035512 22/4 SOL CMP/FT6 5C 2,000 WG-31141112 18/2 STR CMP/FT6 1M BX NAT 2,000 WG-50881101 24/4PR CAT5E CMP/FT6 1M BX WHT 1 SYSTEM LINK End-User Management Software on CD with Manual 1 1301P Computer Prox Reader (for use with Remote Link, System Link and Entr) 4 B-6 Beige Wire Channel - 1/2in x 48in - 6 pack 1 XR550DNL-G Control Panel, XR550, 574 ZONES,DIALER/NET,350-G ENCL,INC 50VA TRANSFRMR 1 1135-W Wireless Siren For Xtl, Xt, And Xr Series Panels Equipment & Installation $16,800.81 Monthly Fee $552.93 DMP Access /BA Design Extended Service Plan Extended Service Plan Monitoring Burglary Holdup (Silent, Com. Only) Signaling Alarm Communication by Conventional Telephone: Primary DMP Advanced Reporting: 15 196 Scope Of Work Based on the site survey, ADT will do: •Install a burglar alarm control panel in the IT room as per design document •Install wireless receiver in the IT room •Install a keypad inside the front door (replaces old keypad) •Install 4 wireless door contacts as per design document •Install 3 wireless holdup buttons •Install an indoor siren as per design document •Test and Program panel •Train users on Keypad Based on the site survey, ADT will do: •Install Access Control panel (15 doors total) in IT room and connect to customers internet •Install power supply in IT room •Install 15 card readers •Install REX and Push To Exit hardware at the doors with Mag Locks •Train customer on enrollment and other functions The Customer is responsible for: •Work to be done by Locksmith (Estimate provided by locksmith sub) •Register the Alarm System with, the local Authority Having Jurisdiction per Local Ordinance & Law. •Provide immediate access to all areas of the premise as involved with, the installation of the Commercial Security Alarm System as listed and described. •Provide active power service including 110v outlets to be located near the Alarm Control Panel and Access Control Panels. •All costs if, any to repair or replace existing Security Alarm Equipment and/or cable if, found by ADT to be damaged or otherwise not operational at time of installation. The AHJ (Authority Having Jurisdiction) may review the system plans and approve installation and service. Any changes required by the AHJ shall be implemented at the Customer's expense NOTE: No other equipment, materials, services nor labor is implied nor to be presumed by either, the Customer or ADT Security Solutions other than specifically listed and described in writing within the ADT Agreement and/or Agreement Rider as to be reviewed, signed & mutually approved by both, the Customer's Authorized Representative & ADT prior to installation & activation of service. Installing BA and AC. 15 doors of AC must use mag locks on internal doors and strikes on external doors (to be subbed to locksmith) BA consists of 3 wireless Panic buttons, 4 Wireless Door Contacts. 1. Premises. Customer (“Customer” or “you”), as a commercial enterprise, may now or in the future have one or more physical business locations (“Premises”) for which you desire to obtain from Protection One, a division of ADT, LLC, (“Protection One,” “we” or “us”) various Equipment and Services. Each of your Premises to be covered by this Agreement shall be listed and described in this Agreement or in a separate Additional Premises Rider which may be completed and executed by the parties. This Agreement will supersede and govern over any inconsistent provisions contained in any other prior agreements, written or oral, between the parties concerning any Premises covered by this Agreement. 2. Charges. In consideration of the Equipment and Services we provide hereunder, you agree to pay Protection One the Equipment Charges and the Service Charges shown above, any activation or other fees, plus applicable taxes (collectively, the “Charges”), in accordance with the Payment Terms set forth above. OUR CHARGES UNDER THIS AGREEMENT ARE BASED ON YOUR AGREEMENT TO RECEIVE AND PAY FOR THE SERVICES FOR AT LEAST THE FULL INITIAL TERM DESCRIBED IN PARAGRAPH 3 BELOW. If you prepay the total amount due under this Agreement prior to the end of the Initial Term of this Agreement, then there is no penalty or refund except as otherwise provided herein. Payment of the Equipment Master Terms And Conditions 197 Charges is a precondition to the activation of the Equipment and any Services you have selected. We may impose a one-time late charge on each payment that is more than ten (10) days past due, which shall be $5.00 or the highest amount permitted by law, whichever is less. We may impose returned check charges of up to $25.00 on each returned check. You consent and authorize us to: (i) report your payment performance under this Agreement to credit reporting agencies; (ii) obtain and transmit your Taxpayer ID Number to our affiliates and credit reporting agencies for purposes of verifying your credit history and rating; and (iii) record our telephone conversations with you and the users of the Equipment and Services for verification and quality control purposes. YOU AGREE NOT TO SEND PROTECTION ONE PAYMENTS MARKED “PAID IN FULL,” "WITHOUT RECOURSE", OR WITH SIMILAR LANGUAGE. IF YOU SEND SUCH A PAYMENT, WE MAY ACCEPT IT WITHOUT LOSING ANY OF OUR RIGHTS UNDER THIS AGREEMENT OR AT LAW, AND YOU WILL REMAIN OBLIGATED TO PAY ALL FURTHER AMOUNTS OWED TO US. ALL WRITTEN COMMUNICATIONS CONCERNING DISPUTED AMOUNTS, INCLUDING ANY CHECK OR OTHER PAYMENT INSTRUMENT THAT INDICATES THAT THE PAYMENT CONSTITUTES "PAYMENT IN FULL" OF THE AMOUNT OWED OR THAT IS TENDERED WITH OTHER CONDITIONS OR LIMITATIONS OR IN FULL SATISFACTION OF A DISPUTED AMOUNT, MUST BE MAILED OR DELIVERED TO US AT: PROTECTION ONE, ATTENTION: EXECUTIVE CUSTOMER RELATIONS, 800 E. WATERMAN, WICHITA, KS 67202 3. Term. The initial term of this Agreement shall be for Sixty (60) months (the "Initial Term"). The Initial Term shall begin on the date the Equipment is installed and is operational, and when any necessary communications connection is completed. In the case of the installation of Equipment or the performance of Services at multiple Premises, the Initial Term for each such individual Premises shall begin on the date the Equipment is installed and is operational at each such individual Premises. In the case of a system takeover or renewal of an existing agreement where no new equipment is installed, the Initial Term for each such individual Premises shall begin at each such individual Premises when any necessary communications connection is completed, or the date the new agreement is signed, whichever occurs last. The term of this Agreement and of each individual Premises shall automatically renew for successive one (1) year renewal terms unless we receive your written termination notice at least sixty (60) days before the end of the then current term. In the event that you terminate this Agreement or any individual Premises prior to the end of the then-current term, you agree to pay us, in addition to all other Charges due prior to termination, the Charges remaining to be paid for the unexpired portion of the term of this Agreement or of any individual Premises. Customer acknowledges and agrees that this amount is an agreed upon early termination charge in the nature of liquidated damages, and is not a penalty. 4. Increases in Charges. We may increase our Service Charges for each Premises after the third year of the Initial Term for each such Premises (but no more than once in any twelve (12) month period) by giving you thirty (30) days prior written notice. 5. Additional Charges. Additionally, you agree to pay, or to reimburse us if we pay, all false alarm fines and assessments, and all taxes, fees or other charges of any local governmental authority that relate to the Equipment or our Services, other than taxes assessed on our net income. You further agree to pay: (a) all telecommunications charges for area code, telephone numbering or other changes; (b) our then-current charge for reprogramming the Equipment to comply with any area code, telephone numbering or other changes; (c) any increases in our cost for facilities used for transmitting alarm signals under this Agreement; and (d) our charges resulting from services we may add to continue to provide the Services to you, due to police, fire or other emergency response policies of any governmental body, such as physical or visual alarm verification requirements. In addition, you shall be responsible for modifications to the Equipment due to changes in standards and regulations of governmental or regulatory authorities, including but not limited to, the Federal Communications Commission (“FCC”), any state or local Fire Marshal, the National Fire Protection Association, Underwriters Laboratories, fire or police department. You agree to pay a service charge if we respond to a service call or alarm at your Premises which is due to your failure to follow operating instructions or to properly lock or close a window, door or other protected point, or improper or unauthorized adjustment to any of the Equipment. Payment for such additional charges is due upon receipt of our invoice for such charges. 6. Installation and Sale. (A) We install Equipment according to local codes and ordinances (if applicable) and according to your particular preferences. Installation of Equipment is subject to the following conditions: (1) We can access your Premises without interruption during our installer’s normal working hours; (2) The installation may require drilling into various parts of your Premises; (3) You will provide 120V AC electrical outlets for power equipment in locations designated by the installer; and (4) You will be responsible for lifting and replacing carpeting, if required, for installation of floor mats or wiring. There may be areas where the installer determines that it is impractical to conceal equipment and wiring. You must within ten (10) days after the installation is complete, inspect the Equipment and notify us in writing of any problems. Otherwise, you will be deemed to have conclusively accepted the Equipment. If asbestos or other hazardous materials (“Hazardous Materials”) are encountered during installation, then installation work will cease until you, at your sole cost and expense, remove such Hazardous Materials. Protection One shall not be responsible for securing any Premises during the period of installation. (B) Ownership of the Equipment that we install under this Agreement shall be described in the paragraph titled “Transaction Type” on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection, and shall be one of the following: (i) Outright Sale. If you have elected to purchase the Equipment, then, except as set forth below, you will own the Equipment we install at your Premises when you pay the full purchase price described on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection. Notwithstanding anything in this Agreement to the contrary, ownership of (a) any communication device that makes use of radio, cellular or internet communication paths (including without limitation, all equipment associated with AlarmNet®) shall be retained by Protection One or its owner, and (b) certain intellectual property associated with the Equipment and our Services, such as certain software, data and installer/programming codes, shall remain the property of their respective owners. (ii) Protection One Owned Equipment. We retain ownership of the Equipment we install at your Premises. Upon the termination of this Agreement or any individual Premises, you agree that we may enter your Premises and remove our Equipment (including external signs and decals) and/or disable the Equipment. Should you fail or 198 refuse to allow us access to your Premises, you also agree to: (a) pay us our reasonable charges for the Equipment, and (b) reimburse us for any other costs (including reasonable attorneys’ fees) that we may incur in seeking to gain access to remove the Equipment and/or to collect such charges. We have no obligation to repair or redecorate your Premises after any such removal. Our removal, disabling or abandonment of such Equipment does not constitute a waiver of our right to collect any unpaid Charges. (iii) Third Party Financed Sale. If you have elected to finance the purchase of some or all of the Equipment with a third party lender or leasing company, then title to the Equipment may be held by your lender/lessor as security for your loan/lease obligations. The terms of your agreement with the lender/lessor may require you to maintain insurance, may make you responsible for various other costs and fees, and may obligate you to pay the lender/lessor regardless of Protection One’s performance hereunder. Protection One makes no recommendations on lending or leasing sources and is not responsible for your selection of a lending or leasing source, or the terms of your agreement with the lender/lessor, and Protection One hereby disclaims any and all liability in connection with your arrangements with your lender/lessor. (iv) Conversion of Existing Equipment. If you currently have existing and compatible equipment at your Premises, we may utilize such equipment. Such existing Customer owned equipment shall remain your property. We may elect to repair or replace your nonfunctioning existing equipment to provide our Services and you agree to pay us our then-current charges for any such replacement equipment, and you agree that any repairs needed to make the existing equipment operational will be performed on a time and materials basis at our then-current time and materials rates. We do not warrant equipment that we do not install. Our pricing and your costs under this Agreement are based on the assumption that any existing equipment in your Premises is compatible and is in good operating condition. If we determine that your existing equipment is incompatible or is not in good operating condition, then additional charges may apply. (C) Risk of Loss. Protection One is not liable or responsible for any damage, loss or casualty of or to any Equipment from any cause beyond our reasonable control. NO SUCH DAMAGE, LOSS OR CASUALTY WILL AFFECT YOUR RESPONSIBILITIES AND OBLIGATIONS UNDER THIS AGREEMENT. Unless you have purchased and paid the full purchase price for the Equipment, in which case the risk of loss to the Equipment is solely yours, you must keep the Equipment insured against all risks of loss in an amount equal to the replacement cost and, at our request, have us listed on the policy as the "loss payee." 7. Termination of Services; Default. (A) We may, at any time upon twenty-four (24) hours prior notice, terminate this Agreement and the Services at our option and without liability if: (1) Our Central Station, equipment or facilities, or the telephone network, are destroyed, damaged or malfunction so that it is impractical for us to continue the Services; (2) We cannot acquire or retain the transmission connections or authorization to transmit signals between your Premises and our Central Station or between our Central Station and any Emergency Response Providers; (3) We determine that it is impractical to continue our Services due to the modification or alteration of your Premises after installation of the Equipment; (4) The Equipment generates excessive false alarms due to circumstances beyond our reasonable control; or (5) You or your personnel fail to follow our recommendations to repair or replace any defective parts of the Equipment not covered under the Limited Warranty or Extended Service Plan (if applicable), or fail to follow operating instructions for, or tamper with, the Equipment. Additionally, upon thirty (30) days prior notice to you, we may terminate this Agreement for any other reason at our discretion. If we terminate this Agreement for any of these reasons, then we will refund any advance Service Charges for Services to be provided after the termination date, less any Equipment Charges still due, but we shall not be liable as a result of any such termination. (B) In addition, you shall be in breach, and we may, at our option, terminate this Agreement and exercise our remedies for the enforcement of this Agreement if: (1) You fail to pay any Charges or other amounts due hereunder or under any other agreement you have with us, and such failure continues for ten (10) days after we provide written notice to you; (2) Any representation you have made herein or in any other agreement you have with us is determined to be materially untrue; (3) you breach any warranty contained herein or in any other agreement you have with us; (4) you otherwise fail to comply with any non-monetary obligation or covenant contained herein or in any other agreement you have with us, and such failure continues for thirty (30) days after we provide written notice to you; (5) You deny us reasonable access to the Equipment located at any Premises; or (6) You become a debtor in a bankruptcy or other insolvency proceeding. We may charge you interest at the highest legal rate allowed on past due amounts. You agree to pay us all reasonable costs, fees and expenses incurred by us in connection with the enforcement of this Agreement, including collection expenses, court costs, and reasonable attorneys’ fees. (C) Any default by you under this Agreement shall also be a default by you under any other agreement between you and us. 8. Representations and Warranties. You represent and warrant that you: (a) requested the Equipment and Services specified in this Agreement for use in commercial purposes and not for personal, family or household purposes or for or on behalf of a third party; (b) own the Premises or otherwise have the legal authority to authorize us to install the Equipment in the Premises; (c) will comply with all laws, codes, and regulations pertaining to the Premises and your use of the Equipment or our Services, and (d) are not using or passing through any Federal funds for the purpose of paying for any of the Equipment or Services we are providing under this Agreement. 9. We Are Not an Insurer. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, YOU AGREE THAT: (A) WE ARE NOT AN INSURER OF YOU, PERSONS WORKING OR OTHERWISE PRESENT AT YOUR PREMISES, OR OF YOUR PREMISES OR ITS CONTENTS; (B) IT IS YOUR RESPONSIBILITY TO OBTAIN ADEQUATE INSURANCE COVERING YOU, YOUR PREMISES AND ITS CONTENTS, YOUR EMPLOYEES, INVITEES AND OTHER AFFECTED PERSONS AND PROPERTY; (C) OUR CHARGES ARE BASED ON THE DETERRENCE AND OTHER VALUE OF THE EQUIPMENT AND SERVICES WE PROVIDE AND OUR LIMITED LIABILITY UNDER THIS AGREEMENT, AND ARE NOT BASED ON THE VALUE OF YOUR PREMISES OR ITS CONTENTS, OR THE LIKELIHOOD OR POTENTIAL EXTENT OR SEVERITY OF PERSONAL INJURY (INCLUDING DEATH) TO AFFECTED PERSONS; AND (D) THE EQUIPMENT AND SERVICES MAY NOT ALWAYS OPERATE AS INTENDED FOR VARIOUS REASONS, INCLUDING OUR NEGLIGENCE OR OTHER FAULT. WE CANNOT PREDICT THE POTENTIAL AMOUNT, EXTENT OR SEVERITY OF ANY DAMAGES OR INJURIES THAT MAY BE INCURRED BY YOU AND OTHER PERSONS WHICH COULD BE DUE TO THE FAILURE OF THE 199 EQUIPMENT OR SERVICES TO WORK AS INTENDED. AS SUCH: (I) YOU AGREE THAT THE LIMITS ON OUR LIABILITY AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN YOU, US AND ANY AFFECTED THIRD PARTIES; (II) YOU WILL LOOK EXCLUSIVELY TO YOUR INSURER FOR FINANCIAL PROTECTION FROM SUCH RISKS AND LIABILITIES; AND (III) EXCEPT AS PROVIDED IN PARAGRAPH 10 BELOW, YOU WAIVE ALL RIGHTS AND REMEDIES AGAINST US, INCLUDING ALL RIGHTS OF SUBROGATION, THAT YOU, ANY INSURER OR ANY OTHER THIRD PARTY MAY HAVE DUE TO ANY LOSSES OR INJURIES YOU OR OTHERS MAY INCUR. THIS PARAGRAPH 9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR ACCOUNT, AS WELL AS VOLUNTARY PAYMENT IN FULL BY YOU, ANY LEGAL PROCEEDINGS BY US TO COLLECT A DEBT OWED BY YOU, ANY BANKRUPTCY BY YOU, AND/OR ANY SALE BY US OF YOUR ACCOUNT. 10. Indemnity; Limitation of Liability. (a) Indemnity. We will hold you, your officers, directors, agents and employees, harmless from any claim, demand, losses, damages, injuries (including death), liabilities or other expenses (“Losses”) to the extent and only to the extent that such Losses result solely and directly from the negligent acts or omissions of Protection One, its agents or employees, during and within the scope of employment of such persons while present at a Premises; provided, however, that the terms of this Paragraph 10(a) shall not apply to, and we shall not in any event be liable for, Losses: (i) arising out of, resulting from, or in any way due or attributable to, the condition, nonfunctioning, malfunction, faulty design, faulty installation, or failure in any respect of the Equipment or Services to operate or perform as intended (collectively, “Alarm Failure Events”), regardless of whether such Alarm Failure Events arise out of the negligent acts or omissions of Protection One, its agents, employees, subcontractors and/or suppliers (including software suppliers); and/or (ii) any loss of or damage to any computer system or electronic data arising out of, resulting from, or attributable to, an Alarm Failure Event or your request for our technician to access your systems or program your firewalls, routers and switches. Any liability of Protection One for Alarm Failure Events or Losses arising out of Alarm Failure Events is strictly limited pursuant to Paragraph 10(b) below. (b) Limitation of Liability for Alarm Failure Events. NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIABLE FOR ANY LOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY ALARM FAILURE EVENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR THE ADEQUACY OF THE EQUIPMENT DESIGN OR DESIGN CRITERIA ESTABLISHED BY YOU, YOUR DESIGN PROFESSIONAL, OR LOCAL CODE REQUIREMENTS. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 10(B), WE OR ANY PERSON OR ENTITY AFFILIATED WITH US ARE DETERMINED TO BE RESPONSIBLE FOR ANY LOSSES ARISING FROM ANY ALARM FAILURE EVENT, YOUR CLAIMS AGAINST US AND/OR ANY PERSON OR ENTITY AFFILIATED WITH US SHALL BE LIMITED TO $2,000.00. THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY ALARM FAILURE EVENT, EVEN IF CAUSED BY PROTECTION ONE’S NEGLIGENCE OR THAT OF OUR AFFILIATES OR OUR RESPECTIVE EMPLOYEES OR AGENTS, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHER FAULT. AT YOUR REQUEST, WE MAY IN OUR SOLE DISCRETION AGREE TO ASSUME ADDITIONAL LIABILITY BY THE ATTACHMENT OF AN AMENDMENT TO THIS AGREEMENT STATING THE EXTENT OF OUR ADDITIONAL LIABILITY AND THE ADDITIONAL COST TO YOU. YOU AGREE THAT WERE WE TO HAVE LIABILITY GREATER THAN THAT STATED ABOVE, WE WOULD NOT PROVIDE THE EQUIPMENT OR SERVICES. (c) Intellectual Property Indemnification. If Protection One has received from the manufacturers of the Equipment we install, an agreement to indemnify and/or defend any claim or suit or proceeding brought against Protection One based on a claim that the sale, use or transfer of any Equipment is an infringement of any third party's patent or property rights, then Protection One shall indemnify you and defend you against all such claims to the extent (and only to the extent) such an indemnity and/or defense is provided by the pertinent Equipment manufacturers. Should you receive notice that the Equipment allegedly infringes the rights of any third party, you shall promptly notify Protection One in writing, and shall give full authority, information and assistance to Protection One in connection with its investigation of the claim, and in connection with any settlement or compromise of such claim made with your consent, which shall not be unreasonably withheld, conditioned or delayed. In addition, Protection One may, at its sole cost and expense, elect to replace or modify the Equipment so that alleged infringement will not exist; provided, however, that such replacement equipment or modified equipment will continue to have at least the same functionality and performance specifications as the Equipment installed pursuant to this Agreement, and shall be acceptable to you in your reasonable discretion. Protection One shall not have any other liability to you with respect to claims of intellectual property infringement. (d) Consequential Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECULATIVE, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (e) Survival. The terms of this Paragraph 10 shall survive the termination of this Agreement and of your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 11. Hold Harmless. If any third party files any claim or legal action against us, or any other person or entity authorized to act on our behalf, arising from any Alarm Failure Event as defined in Paragraph 10(a) above, then you agree to indemnify, defend and hold us, completely harmless from any such actions, including all damages, expenses, costs, and attorneys’ fees we incur. This 200 indemnification shall apply even if such actions arise from our negligence, breach of contract, breach of warranty, strict liability or other fault (and/or the negligence, breach of contract, breach of warranty, strict liability or other fault of our subcontractors and/or suppliers, including our software suppliers), subject to our limited liability set forth above. This provision shall survive the termination of this Agreement and your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 12. Customer Duties. You agree to: (a) instruct all persons who use the Equipment on its proper use; (b) test the Equipment’s protective devices and send test signals monthly to our Central Station; (c) turn off, control or remove all air conditioning systems, heaters and other items that interfere with alarm detection devices; (d) notify us immediately if a problem with the Equipment occurs; (e) obtain and keep in effect all permits and licenses that may be required for the installation and operation of the Equipment; (f) pay all usage fees imposed by any governmental authority in connection with the Equipment; (g) provide us a complete Monitoring Information Schedule so we may call your designated contacts in the event we reasonably believe there is an emergency at your Premises; (h) provide us any other emergency information we may request; (i) promptly update us in writing with any changes to your Monitoring Information Schedule; and (j) notify us prior to any change in your phone service, including, but not limited to a disconnection of your regular phone line or any change in vendors of your phone service. Your failure to perform under this Paragraph 12 is a material breach of this Agreement. You agree that we may provide the information on the Monitoring Information Schedule to any governmental authority having jurisdiction over us or the Equipment. LOCAL AUTHORITIES MAY NOT RESPOND TO ALARM NOTIFICATIONS UNTIL ALL PERMITS AND LICENSES FOR USE OF THE EQUIPMENT HAVE BEEN OBTAINED, AND THEREFORE WE MAY NOT BEGIN MONITORING THE EQUIPMENT, AND MAY NOT DISPATCH EMERGENCY AUTHORITIES IN THE EVENT OF AN ALARM ACTIVATION, UNTIL YOU HAVE OBTAINED, AT YOUR EXPENSE, ALL NECESSARY PERMITS AND LICENSES, AND PROVIDED US WITH THE LICENSE OR PERMIT NUMBER. 13. Services. A. Monitoring Services. If you have subscribed to Monitoring, Signal Receiving and Notification Services, we shall program the Equipment to communicate to our monitoring facility (“Central Station”). When the Central Station receives an alarm signal from the Equipment (an “Alarm Event”), we will make reasonable efforts, consistent with local laws and our response policies, to contact the appropriate local emergency response provider (“Emergency Response Provider” or “ERP”), and the first person designated on your Monitoring Information Schedule. In the event a burglar alarm signal or fire signal registers at the Central Station, we may, in our sole discretion, endeavor to contact the Premises by telephone to verify that the Alarm Event is not a false alarm. Local governmental regulations and industry standards designed to reduce false alarms may result in conditions or restrictions on the dispatch of ERPs in response to an Alarm Event, and such conditions or restrictions may result in delays of notification of authorities or require that additional measures be taken to verify the Alarm Event before dispatch. We do not guarantee that such additional measures will be successful or that Emergency Response Providers will be dispatched should an Alarm Event occur. In the event a supervisory signal or trouble signal registers at our Central Station, we shall endeavor to notify the Premises or the first available person designated on your Monitoring Information Schedule. We may, without notice to you, in response to governmental or insurance requirements, or otherwise in our sole discretion, alter, amend or discontinue any of our policies and procedures for alarm response. Also, you acknowledge and agree that any special instructions provided by you for the handling of alarm signals must be presented and agreed to by us in writing. We may, in our sole discretion, reject your special instructions. You understand that any deviation from our normal Alarm Event handling procedures may result in increased risk of loss or damage to you and your Premises. (i) Telecommunications. You agree to provide a traditional telephone connection to the Public Switched Telephone Network. Such connection shall have priority over any other telephone or other equipment, and shall be within ten (10) feet of the Equipment control panel. You acknowledge that your use of DSL, ADSL, Digital Phone, or Voice over Internet Protocol (VoIP), or other internet based phone services may cause signal transmission to our Central Station may be interrupted, and that we do not recommend use of such services for signal transmission unless supplemented by a backup service which may be provided by us for an additional charge. If the Equipment is configured to operate over such nontraditional service, or if you change your phone service to a nontraditional phone service after installation, then you acknowledge that signal transmission may be interrupted by irregularities or changes in that service, power outages, and other circumstances beyond our control. ACCORDINGLY, IMMEDIATELY AFTER THE INSTALLATION OF DSL, ADSL, DIGITAL PHONE, VoIP, OR OTHER BROADBAND OR INTERNET PHONE SERVICE YOU MUST NOTIFY US AND MUST TEST THE EQUIPMENT'S SIGNAL TRANSMISSION WITH THE CENTRAL STATION. At your request, we may provide alternative forms of alarm communication utilizing your broadband internet service or a radio or cellular based system. You authorize us, on your behalf, to request services, orders or equipment from a telephone company or other company providing signal transmission or reception services or facilities under this Agreement. These services include providing lines, signal paths, scanning, transmission and/or reception. You agree that the telecommunication provider’s liability is limited to the same extent our liability is limited pursuant to the terms of this Agreement. (ii) Digital Communicator. If connection to our Central Station is to be by Digital Communicator, you agree to provide a connection via a registered telephone jack to a telephone channel required for the Equipment. Such connection shall have priority over any other telephone or Customer equipment, and shall be within ten (10) feet of the Equipment control panel. At your request, and at your sole cost and expense, we will provide such connection. You also acknowledge that our Central Station cannot receive signals should your transmission mode become nonoperational for any reason, and that signals from the digital communicator cannot be received if the transmission mode is cut, interfered with, or is otherwise damaged.201 (iii) Radio Interface. If connection to our Central Station is to be by radio frequency, such as cellular or private radio, there may be times when the Equipment will be unable to acquire, transmit, or maintain an alarm signal, and that radio frequency transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including storms and power failures. Accordingly, the utilization of an additional means of communications is recommended. Also, changes in rules, regulations and policies of the FCC and other governmental bodies may require discontinuation or modification of some or all of these Services. B. Internet Protocol Based Services. If any of the Services you select communicate or transmit over an internet protocol based service, you acknowledge and agree that: (i) you will maintain 120V AC power supply for each device; (ii) we are not responsible for your network or internet services, which may be affected by conditions beyond our control, and that any interruptions in your network or internet service may cause the Services to fail to operate as intended; (iii) you may be required to maintain a static IP address, which may require you to incur additional costs, and that any changes to your IP address may cause a service interruption; (iv) you may be required to open certain port(s) on your firewall for proper communication; and (v) you are responsible for the configuration of your routers, firewalls, switches, and hubs, if applicable, to ensure communication with our Central Station. C. Limited Warranty. Subject to the limitations and exclusions set forth below, during the Warranty Period following installation reflected on page 1 of this Agreement, or on a separate Additional Premises Rider or Schedule of Protection, we will at our cost, repair or, at our option, replace, any defective part of the Equipment we install, including wiring, and will make any needed mechanical adjustments. We will use new or reconditioned parts for replacements. Our obligations under this Paragraph are for your benefit only, and may not be enforced by any other person. The laws of your state may give you rights in addition to or different from those described herein. D. Extended Service Plan. Subject to the limitations and exclusions set forth below, if you have subscribed to our Extended Service Plan, then in lieu of our Limited Warranty obligation, we will at our cost repair the Equipment we install for the duration of the term of such Extended Service Plan. Your participation in the Extended Service Plan will automatically renew for successive thirty (30) day terms at our then-current Extended Service Plan rates unless terminated by either party’s written notice given at least thirty (30) days before the end of the then-current term. If you subscribe to the Extended Service Plan after the initial installation, the Equipment must be in good working condition at the time of subscription. To purchase our Extended Service Plan, call 1-800-GET-HELP. (i)  Extended Warranty. Subject to the limitations and exclusions set forth below, during the first ninety (90) days after installation, we will at our cost, repair or, at our option, replace, any defective part of our Installed Equipment, including wiring, and will make any needed mechanical adjustments. We may use reconditioned parts for replacements. Our obligations under this paragraph are for your benefit only, and may not be enforced by any other person. After (90) days with respect to Repair Service pricing, a $25 trip charge will be charged by Dealer for each Repair Service dispatch to the Monitored Location. In addition, if your equipment ceases working but is not covered by our warranty, Customer is responsible to pay Dealer for any and all costs and fees associated with repairs or services made to the Equipment, including but not limited to hourly service rates and the cost of replacement parts, all charged at Dealer’s then-current rates. The laws of your state may give you rights in addition to those described herein. E. Cameras/Video. We will install and connect the camera devices described in this Agreement at your Premises. You acknowledge and agree that: (i) the Equipment is being installed at your specific request and is for the safety and security of the employees, invitees and other persons at the Premises, and for no other purpose; (ii) the Equipment will only be installed in public areas within the Premises, and will not be installed or utilized in any area where persons have a reasonable expectation of privacy, such as bathrooms, etc.; and (iii) You will provide adequate illumination under all operational conditions for the proper operation of the video camera and will provide the 120 AC power supply where required. Based on the following service selections, the camera(s) will be configured as follows: (1) e-Secure Video: the camera(s) may (i) provide live streaming video which may be viewed from your Protection One account on a PC with adequate internet connectivity, or (ii) send video related to specific Alarm Events which may be forwarded to your e-mail account or mobile device. Protection One will not receive or store these video recordings. (2) Verification Video Service: the Equipment will be configured to send images to an alarm operator for verification of video images directly associated with fire, burglary, panic, or critical condition alarm signals. If Video Verification is being furnished under this Contract, Customer agrees and understands that Protection One will access and view Customer’s images and other data captured by the equipment and endeavor to use said images and other data to provide visual verification of an alarm event. Further, Customer understands and acknowledges the inherent limitations associated with visual verification, including without limitation, (i) inadequate illumination of viewing area; (ii) physical obstructions in the field of view of the video camera and (iii) inadequate receipt, clarity, placement or quality of the images. Protection One does not guarantee that viewing the images captured by the equipment will result in effective visual verification of events requiring alarm response.Customer assumes full responsibility for: (a) the placement, direction and presence of equipment; (b) transmission, transfer or other use of any images or other data captured by the equipment; (c) the manner of use of the equipment and any equipment or data captured by the equipment; (d) complying with all applicable laws, rules, regulations and ordinances in connection with the use and operation of the equipment. (3) Remote Tours: an alarm operator will review video images at regular intervals as scheduled by you for images associated with critical and non-critical events or conditions as defined by you and accepted by us. F. Radio/Cellular Service. (i) Backup: We will install and connect a radio or cellular transmission device to your alarm System. The transmission device will be a backup communication link with our Center in the event that your regular telephone service or primary communication link to our Center is disrupted. (ii) Primary: If you select Primary service, a radio or cellular transmission device will be your alarm System’s only communications link with our Center. If you have selected Backup or Primary services, you acknowledge there may be times when your System will be unable to acquire, transmit, or maintain an alarm signal, and that radio frequency transmissions may be impaired or interrupted by a variety of conditions and circumstances beyond our control, including storms and power failures. Accordingly, the utilization of a backup means of communication with our Center is always 202 recommended. Also, changes in rules, regulations and policies of the FCC and other governmental bodies may require discontinuation or modification of some or all of these Services. Should your cellular or radio transmitter malfunction, it could interfere with the proper operation of the entire network communicating with our Center and other communications transmissions. FCC regulations require that we or our contractors or designees have immediate access to your transmitter in the event of such a malfunction or emergency, and you agree to permit access to such persons in such an event. Should you refuse to provide such access, you agree we will be entitled to obtain an ex parte court order permitting access to either repair or remove the transmitter, or take such other steps as are appropriate under the circumstances. You agree to pay all reasonable expenses, including attorneys’ fees, we incur in connection with such proceedings. G. Wireless Devices. You understand that all wireless devices, including but not limited to, wireless local area network (WLAN or WiFi) networks and paths, wireless motion detectors, wireless smoke detectors, wireless door and window contacts, wireless home automation transmitters, and other wireless devices installed under this Contract are not physically connected to the System (e.g., by electrical wire) and require a radio frequency network or path to operate. THESE WIRELESS DEVICES WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND, IF THE RADIO FREQUENCY NETWORK OR PATH IS IMPAIRED, INTERRUPTED, OR BECOMES INOPERABLE FOR ANY REASON WHATSOEVER. THESE WIRELESS DEVICES MAY USE FREQUENCIES AND SIGNAL PATHS THAT ARE NOT ENCRYPTED, AND ARE THUS SUBJECT AND VULNERABLE TO, INTERUPTION, INTERCEPTION, INTERFERRENCE, CORRUPTION, ALTERATION, BLOCKAGE, MANIPULATION, AND TAMPERING. It is your sole responsibility to maintain all wireless local area network (WLAN or WiFi) networks and paths. Protection One recommends that you regularly inspect any wireless network and wireless devices and test them weekly to help maintain continued operation. Protection One also recommends that you carefully read and follow the owner's manual, instructions and warnings for all equipment, including all wireless devices. H. e-Secure. If you have subscribed to e-Secure services, you will have access to your monitoring account via an internet or other connection, and will be able to remotely arm, disarm and make changes to, and receive various notifications from, the Equipment. Based on your account configuration, you may also receive e-mail, text or video transmissions notifying you of selected events that occur with the Equipment. You agree that these notifications are not intended to replace our professional monitoring services and understand that there is inherent risk associated with response to potential Alarm Events. Under no circumstances will we be liable for any loss, injury or damage of any kind incurred as a result of your response to these notifications. We are not responsible for any software or hardware purchases necessary for you to remotely access the Equipment. Also, we are not responsible for your internet, cellular or telecommunication services, which can be affected by conditions beyond our reasonable control. I. Direct Connect Services. If this Agreement so indicates, we will install a direct connection to the law enforcement, fire department or other agency shown on your Monitoring Information Schedule. Alarm signals transmitted by the Equipment will be monitored by the police and/or fire departments or other ERP’s or their agents. You acknowledge and agree that such agencies are not the agents of Protection One. Protection One hereby disclaims any responsibility for the manner in which such signals are monitored, and/or the response, or lack of response, to such signals by the persons monitoring the Equipment. J. Inspections. We will provide the number of inspections of the Equipment as specified in this Agreement during our normal working hours and subject to the conditions and exclusions set forth in Paragraph 14 below. K. Alarm Verification. If your police or fire department now or in the future requires physical, visual or other verification of an emergency condition before responding to a request for assistance, then you agree to subscribe to such verification service, or otherwise comply with such requirements. We may charge an additional fee for such service. L. Device Verification Service. If you subscribe to Device Verification service, Equipment will be installed which, as to certain locations in the Premises, requires the activation of two (2) or more sensing devices, requires a second activation of a single alarm sensor, or requires a continuous alarm event from a single sensor, in order for an alarm signal to be transmitted. You assume full responsibility for the operation of any and all bypass or switch units provided for disconnecting or reconnecting the alarm sounding and/or transmitting Equipment at the Premises. M. Vault Protection. You represent and warrant to us that any vault covered under this Agreement by sound or vibration detection systems has the minimum construction characteristics prescribed by the Underwriters’ Laboratories, Inc. You agree to test any ultrasonic, microwave, capacitance or other electronic equipment designated in this Agreement prior to setting the Equipment for closed periods according to procedures established from time to time by Protection One, and to notify us promptly in the event that such equipment fails to respond to the test. N. eSuite. If you have subscribed to eSuite services you will have access to the eSuite online web portal where authenticated users have varying levels of visibility of alarm account activity, contact lists, reporting capabilities and electronic notification options. Level of functionality will depend on the level of eSuite that you have subscribed to. O. eVideo. If you have subscribed to eVideo services and a compatible video alarm verification service from Protection 1, you will have access to view alarm incident video via an eVideo tab on your eSuite account page. 14. Limitations on our Warranty, Extended Service Plan and Service Obligations. We perform repair services only during our normal working hours which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. IF YOU REQUEST US TO PERFORM REPAIR SERVICES OUTSIDE OF OUR NORMAL WORKING HOURS, THEN WE MAY REQUIRE YOU TO 203 PAY FOR OUR SERVICES AT OUR THEN-CURRENT RATES FOR LABOR AND PARTS. The Extended Service Plan shall apply to consumable items such as batteries, and to window foil, security screens and exterior mounted devices, only for the Warranty Period following installation. In addition, we have no obligation under our Limited Warranty or Extended Service Plan if we determine that any of the following conditions caused the need for service: (A) Damage resulting from storms, natural disasters, accidents, acts of God, strikes, riots, floods, terrorism or any other cause beyond Protection One’s reasonable control; (B) Your failure to properly close or secure a door, window or other point protected by an alarm device, or to properly follow operating instructions; (C) Telephone line malfunctions or modifications to your telephone service that render it incompatible with the Equipment or our Central Station; (D) Your failure to provide ordinary maintenance to the Equipment or its components (repairs due to ordinary wear and tear are not excluded under our Extended Service Plan), or you permit anyone other than our authorized representative to perform service on the Equipment; (E) Physical alterations to your Premises or to the Equipment, or made necessary by damage to your Premises or the Equipment; or (F) Any of the reasons described in Paragraph 5 above. Our warranty applies only to Equipment installed by us. You must furnish the necessary electrical power at your expense to obtain warranty services. Charges for non-covered repairs will be at our then-current labor and material rates, including a minimum visit or trip charge. OTHER THAN THE LIMITED WARRANTY AND OUR OBLIGATIONS UNDER THE EXTENDED SERVICE PLAN (IF SUBSCRIBED TO), WE MAKE NO GUARANTY OR WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES WE PERFORM OR THE EQUIPMENT WE PROVIDE UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE. 15. Delays. We shall have no liability for delays in installation of the Equipment or for the consequences thereof, however caused, or for interruptions of Service or for the consequences thereof, due to strikes, riots, floods, acts of God, terrorism, or any other causes beyond the reasonable control of Protection One, and Protection One will not be required to provide Services or substitute services to you while any interruption of Services due to any such causes shall continue. 16. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, provided you are not in default under this Agreement, you may assign this Agreement in its entirety, without our consent, in connection with a merger, acquisition, corporate reorganization, or a sale of all or substantially all of your assets, to a person or entity which expressly assumes and agrees to perform your obligations hereunder. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns. We may assign this Agreement or subcontract any or all of our obligations under this Agreement without your consent and without notice to you. The provisions of this Agreement (i) apply to and inure to the benefit of each of our assignees, subcontractors and/or suppliers (including our software suppliers), and (ii) bind you to all such persons or entities with the same force and effect as they bind you to Protection One. This includes the protections set forth in Paragraphs 9, 10 and 11. In this Agreement, “Services” shall be deemed to include all alarm monitoring-related services, including but not limited to all such services provided, in whole or in part, though or in common with any software that we license from our software suppliers. 17. Severability. If any of the provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect. 18. Arbitration of Disputes. In the event any claim or dispute, regardless of its basis, arises between you and us, including any claim or dispute relating to this Agreement, any of your Premises, the Equipment, our Services, or the Charges due hereunder, or under any other agreement between you and us (collectively, your “Account”), or the scope of this arbitration provision, you or we may elect to resolve the claim or dispute by binding arbitration. Neither you nor we shall be entitled to join or consolidate claims in arbitration, or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. The filing of a lawsuit by any party shall not constitute a waiver of any rights under this arbitration provision. The arbitration shall be conducted by the American Arbitration Association in accordance with its procedures in effect when the claim is filed. This Paragraph 18 and any arbitration conducted hereunder shall be governed by the Federal Arbitration Act (FAA). Any arbitration hearing will take place in Dallas, Texas. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator’s decision will be final and binding, except for any appeal rights under the FAA, and except that if the amount in controversy exceeds $100,000.00, any party may appeal the award within thirty (30) days to a three-arbitrator panel which shall review the award de novo. The prevailing party shall be entitled to reimbursement of all its costs and expenses, including reasonable attorneys' fees, from the non-prevailing party. Judgment upon any arbitral award may be enforced in any court having jurisdiction. 19. Legal Actions. All claims, disputes and legal actions arising under this Agreement (a “Legal Action”) will be governed by the laws of the State where your Premises is located and any applicable Federal laws, without regard to conflict of law principles. You agree to file any claim, dispute or Legal Action arising out of this Agreement, the Equipment or our Services (whether based in negligence, breach of contract, breach of warranty, strict liability, or other fault) within one (1) year after the date the cause of action for such claim accrued. This provision shall survive the termination of this Agreement and your Account, as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you, and/or any sale by us of your Account. 20. Entire Agreement. This Agreement is the entire agreement between you and us, and supersedes all previous contracts or agreements between you and us regarding alarm or similar services. You agree that we are not bound by any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement. The terms and conditions of this Agreement shall govern over the provisions of any other document, including but not limited to your purchase orders, with inconsistent terms. 204 21. Execution. This Agreement and any signatures on it may be transmitted and delivered by facsimile or other electronic means (such as email), and all such signatures and electronic transmissions of this Agreement are to be treated as originals for all purposes and given the same legal force and effect as a signed paper contract. In addition, this Agreement may be signed and accepted electronically by both parties, and the mutually accepted version of this Agreement, whether printed or electronic, also is to be treated as an original for all purposes, with the same legal force and effect as a signed paper contract. Your obligations under this Agreement are binding on all authorized users of the Equipment. Each party has substantially participated in the drafting and negotiation of this Agreement, and no provision hereof shall be construed against either party by virtue of the fact that such provision was drafted by such party. Each party represents and warrants that it has the unqualified right to enter this Agreement, and that it has the right to perform all obligations under this Agreement. 22. Alarm.com If your alarm monitoring system includes Mobile Control, you acknowledge that (i) you have read and accepted the Alarm.com terms below, and (ii) you must activate your Alarm.com account online pursuant to the instructions given to you by us, and until you activate your Alarm.com account, you will only have Alarm.com Signal Forwarding services and NOT Mobile Control services, which means, among other things, that you will not have the enhanced Mobile Control service, which means, among other things, that you will not have the enhanced Mobile Control service known as “Entry Delay Crash and Smash,” which makes it difficult for an intruder to disarm your panel upon entry into your premises. In addition, once your Alarm.com account is activated, in order to maintain the enhanced Mobile Control services, you must arm/set your alarm system at least once every 30 calendar days. If you fail to arm/set your alarm system at least once every 30 days, then you will automatically and without further notice only have Alarm.com Signal Forwarding services going forward until such time as you contact us to reactivate your Mobile Control services. Therefore, we strongly encourage you to activate your Alarm.com account and arm/set your alarm system often, but at a minimum every 30 days, in order to retain the enhanced Mobile Control services. Alarm.com TERMS IMPORTANT -- READ CAREFULLY: You have agreed to purchase residential or commercial security, video, still-photo imaging and/or home automation products and services from an independently owned and operated security services dealer (“Dealer”) pursuant to an agreement with the Dealer (“Dealer Agreement”). Alarm.com Incorporated, a Delaware corporation (“Alarm.com” or “us” or “we”), has authorized the Dealer to market and sell Alarm.com’s services (“Services”) to you with certain hardware and other products, including communication modules, video, imaging and/or home automation devices (“Equipment”) that enable the Services. Sections A1 through A12 herein constitute the terms and conditions of Alarm.com’s offering of the Equipment and Services (“Terms”) and are part of your agreement with the Dealer and contain, among other things, important warranty disclaimers (Section A4) and limitations of liability (Section A5) applicable to the Services and the Equipment. By signing your agreement with the Dealer, accessing the Alarm.com customer website or mobile applications, or using any other part of the Services and/or Equipment, you agree to be bound by these Alarm.com Terms. You agree that these Alarm.com Terms may be enforced by us directly. A1. Pursuant to the Dealer Agreement, you have agreed to purchase the Services and/or Equipment from the Dealer. The Dealer is an independent contractor and not an agent of Alarm.com. You acknowledge and agree that (a) you have had the opportunity to read and review these Alarm.com Terms before entering into the Dealer Agreement, (b) you accept the Alarm.com Terms and agree to be bound by them, and (c) if, for any reason, you don’t remain an Alarm.com subscriber or if the Services become unavailable to you for any reason, you will have no right of refund, return or deinstallation with respect to any Services or any Equipment, except if and to the extent otherwise required by law. We may modify these Alarm.com Terms from time to time to comply with applicable law. A2. The Equipment may contain proprietary software of Alarm.com that is embedded in the Equipment. Alarm.com solely owns and retains all rights, including all intellectual property rights, in the embedded software and all other Alarm.com materials (together, “Materials”) and Services. You will not (a) use, or cause or permit any other person or entity to use, any Materials or Services to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of any Materials, (ii) the transferring or purported resale, licensing or sublicensing of any Materials, or (iii) the removal, delivery, or exportation of any Materials outside the United States or any other act in violation of any relevant export laws or regulations. A3. If your Services include emergency two-way voice over a cellular or internet connection, you acknowledge that the two-way voice connection may be interrupted or unable to connect, that the call may be dropped, and that the sound quality may be distorted or impossible to understand. By accepting the emergency two-way voice service you understand and accept the limitations inherent in cellular and internet technology and the consequences if the technology does not operate as designed. If your Services include video or still-photo image cameras, the video clips and still-photo images generated from such cameras are stored on our servers and may be viewed by you only for a limited time based on the quantity of storage you have ordered from your Dealer. We have no control over and take no responsibility for the placement of cameras and their view. You agree to use the cameras and associated video and still-photo imaging features of the Services in compliance with all laws, including privacy and consumer protection laws, and not for any illegal purposes, including invasion of privacy or illicit conduct, and we may disconnect the cameras from the Services if you, in our sole determination, breach this covenant. We do not guarantee the receipt, clarity or quality of any images that may be adversely impacted by, for example, lighting, Internet and wireless communication facilities and transmission quality, electrical interference, weather and other conditions beyond our control. We may disclose stored video clips and still-photo images in response to a subpoena or a government request or order. If the Equipment provided by your Dealer includes an Alarm.com image sensor device that also is being used as a motion sensor, then you understand and accept that the motion sensor may not operate as designed and may be affected by conditions outside our control, which may cause the device to malfunction or provide false readings. If the Equipment provided by your Dealer includes 205 home automation devices (such as thermostats, lighting controls and door locks), you understand that such devices may not work together with the Equipment and Alarm.com Services, and you may be unable to control the devices using the Equipment or Alarm.com Services. Alarm.com makes no representations or warranties regarding the quality, function or effectiveness of any such home automation devices. A4. THE SOLE WARRANTY PROVIDED BY ALARM.COM WITH RESPECT TO THE SERVICES, MATERIALS AND EQUIPMENT IS A LIMITED WARRANTY TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECTOR BYPASS A MATERIAL DEFECT IN THE SERVICES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THESE ALARM.COM TERMS (“LIMITED WARRANTY”). THE LIMITED WARRANTY IS NOT EXTENDED TO YOU UNLESS YOU HAVE ACCEPTED THESE ALARM.COM TERMS AND REMAIN BOUND BY THESE TERMS AND CONDITIONS. THE LIMITED WARRANTY IS FOR YOUR BENEFIT ONLY AND MAY NOT BE ENFORCED BY ANY OTHER PERSON OR ENTITY. EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO SERVICES, ALL SERVICES, EQUIPMENT AND MATERIALS THAT ARE OR MAY BE PROVIDED BY US ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALARM.COM DISCLAIMS (A) ALL EXPRESS WARRANTIES TO YOU, OTHER THAN THIS LIMITED WARRANTY, (B) ALL IMPLIED WARRANTIES TO YOU OF ANY KIND, AND (C) ALL WARRANTIES TO OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS OR IMPLIED. THE IMPLIED WARRANTIES DISCLAIMED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDE ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF ALL SERVICES, ALL EQUIPMENT AND ALL ALARM.COM MATERIALS SHALL BE WITH YOU. ALARM.COM SHALL HAVE NO RESPONSIBILITY FOR EQUIPMENT WHICH IS MANUFACTURED BY THIRD PARTIES. A5. (A) YOU AGREE THAT ALARM.COM IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS IN OR AROUND YOUR PREMISES. THE PRICES THAT WE CHARGE FOR THE SERVICES AND EQUIPMENT REFLECT THE VALUE OF THE GOODS AND SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON YOUR PREMISES SHALL BE OBTAINED BY YOU FROM A THIRD PARTY. (B) ALARM.COM IS NOT ASSUMING RESPONSIBILITY FOR ANY LOSSES (DIRECTOR INDIRECT), IRRESPECTIVE OF CAUSE, THAT MAY OCCUR EVEN IF DUE TO ALARM.COM’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OR ANY DEALER AGREEMENT OR OTHER BASIS. IF, NOTWITHSTANDING THESE TERMS, ALARM.COM IS HELD TO BE LIABLE TO YOU, OR ANY INVITEES, AGENTS, EMPLOYEES OR OTHERS, FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LEGAL LIABILITY FOR ANY FAILURE OF THE SERVICES, MATERIALS OR EQUIPMENT, THEN THE LIMITATION OF ALARM.COM’S LIABILITY FOR ANY AND ALL HARM, DAMAGES, INJURY OR LOSS SHALL BE THE GREATER OF ONE THOUSAND DOLLARS ($1,000.00) OR THE ANNUAL AMOUNT THAT ALARM.COM RECEIVES FOR YOUR USE OF THE SERVICES. (C) YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF PROFITS, PERSONAL INJURY OR DEATH. UNDER NO CIRCUMSTANCES WILL ALARM.COM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES. (D) YOU MAY OBTAIN FROM ALARM.COM A HIGHER LIMITATION OF LIABILITY BY PAYING AN ADDITIONAL FEE TO US. IF YOU ELECT THIS OPTION, A RIDER WILL BE ATTACHED TO THESE ALARM.COM TERMS WHICH WILL SET FORTH THE AMOUNT OF THE HIGHER LIMITATION OF LIABILITY AND THE AMOUNT OF THE FEE. AGREEING TO THE HIGHER LIMITATION OF LIABILITY DOES NOT MEAN THAT ALARM.COM IS AN INSURER. YOU WAIVE ALL SUBROGATION AND OTHER RIGHTS OF RECOVERY AGAINST US THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM FOR HARM, DAMAGES, INJURY OR LOSS TO YOU OR ANY OTHER PERSON OR ENTITY. A6. You agree and acknowledge that the Services, Materials and Equipment may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage. You agree and acknowledge that the use of the Services, Materials and/or Equipment is voluntary. A7. If any of your employees, guests, relatives, invitees, or insurers, or any other person or entity connected to you, or any person or entity who seeks to assert rights they claim are derived from your relationship with Alarm.com, attempts to hold Alarm.com responsible for any harm, damages, injury or loss (including property damage, personal injury or death) connected with or resulting from any alleged (a) failure of the Services, Materials or Equipment, (b) negligence (including gross negligence), (c) improper or careless activity of Alarm.com, or (d) claim for indemnification or contribution, then you will repay to us (i) any amount that we are required to pay or that we agree to pay in settlement of the claim, and (ii) the amount of our reasonable attorney’s fees and any other losses and costs that we may incur in connection with the harm, damages, injury or loss. A8. You understand and agree that these Alarm.com Terms, and particularly Sections A4, A5, A6, A7, and A8, shall (a) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of Alarm.com, and (b) be binding on your heirs, administrators, custodians, trustees, agents and successors. 206 A9. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES OR EQUIPMENT SHALL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, ANY SUCH LEGAL PROCEEDING SHALL NOT BE HEARD BEFORE A JURY, AND EACH PARTY GIVES UP ANY RIGHT TO A JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING ANY CLASS ACTION LAWSUIT AGAINST ALARM.COM OR BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY SUCH LAWSUIT. A10. These Alarm.com Terms shall be governed by the law of the State of Delaware, without giving effect to its rules of conflict of laws. If you are a resident or business located in the State of California, the following applies to you: If either you or Alarm.com commences a lawsuit for a dispute arising under or related to these Alarm.com Terms or in any way relating to the Services, such suit shall be submitted to general judicial reference in Los Angeles, California pursuant to California Code of Civil Procedure section 638 et seq. and 641 through 645.1 or any successor statutes thereto. A11. If any provision of these Alarm.com Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these Alarm.com Terms. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Alarm.com Terms shall be upheld and applied to the maximum extent permitted by law. Alarm.com is an intended third-party beneficiary of these Alarm.com Terms and shall have the right to enforce and/or otherwise invoke any and all provisions set forth in any of these Alarm.com Terms directly. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” A12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN ALARM.COM AND THE UNDERLYING CARRIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE UNDERLYING CARRIER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR. LICENSE INFORMATION: AL Complaints against licensees may be directed to the Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116, (334) 264-9388; AK 37950, 5520 Lake Otis Pkwy., Anchorage, AK 99507; AR CMPY.0002133, Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock, AR 72209, (501) 618-8600; AZ ROC 279591; CA ACO7155, alarm company operators are licensed and regulated by the Bureau of Security & Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814, 974443, PPO17232; CT ELC.0106069-L5; DC ECS902743; FL EF0001121; GA LVA205265, -205326, -205572, -205679, -205939, -205944, -205519 LVU405673, -004349, -406440; HI CT-32297; ID ELE-SC-2643; IL 124001792; LA F1639, F1640, F1643, F1654, F1655; MA 172C; MI 3602207209, 5103397 - 6060 Torrey Rd., Ste. D, Flint, MI 48507; MN TS650251; NC Alarm Systems Licensing Board, 4901 Glenwood Avenue, Suite 200, Raleigh, NC 27612 (919) 788-5320; 7535P2, 7561P2, 7562P10, 7563P7, 7565P1, 7566P9, 7564P4; NM 374838; NV 0077105; NJ Electrical Contractor Lic. #’s 34FA00140500, 34BA00179000 - 200 East Park, Ste. 200, Mt. Laurel, NJ 08054; NY 12000305615, Licensed by NYS Dept. of State; OH 50-18-0018, 50-25-0023, 50-29-0003, 50-31-0014, 50-48-0008, 50-50-0005, 50-76-0006, 50-89-0016, 53-89-1726; OK 1995; OR 196560; PA Pennsylvania Home Improvement Contractor Registration Number: PA090797; RI 35683; TN ACC-1688, -1689, -1690, -1691, -1692, -1693, -1694, -1695, -1696; TX B17944 -1817 W. Braker Ln. Ste. 400, Austin 78758 - Texas Private Security Bureau, 5805 N. Lamar Blvd., Austin 78752; UT 8289653; VA 11-7345, 11-7348, 11-7351, 11-7354, 11-7598, 11-7900, 11-8205, 11-8353, 11-8447 2705147728 Class B Contractor Classification ESC; WA ADTLLL881DO, 11824 N Creek Pkwy #105, Bothell, WA 98011; WI 1210943; WV 049758. MS 15019511 (REMAINDER OF PAGE INTENTIONALLY BLANK - SIGNATURES ON FOLLOWING PAGE) 207 Signatures NOTICE: Our charges under this agreement are based on your agreement to receive and pay for the services for a full Sixty (60) month term. IF THIS AGREEMENT IS TERMINATED BY YOU PRIOR TO THE END OF THE THEN-CURRENT TERM, EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE TO PAY US THE SERVICE CHARGES THAT WOULD HAVE BEEN PAYABLE BY YOU FOR THE REMAINING TERM OF THE AGREEMENT BUT FOR THE EARLY TERMINATION HEREOF. ATTENTION IS DIRECTED TO THE WARRANTY, LIMITATION OF LIABILITY AND OTHER TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. This Agreement is not binding upon Protection One unless and until either signed by an Authorized Manager of Protection One, or we begin the installation of Equipment or provision of Services. You acknowledge that you may not receive a copy of this Agreement signed by Protection One's Authorized Manager, and that such lack of receipt shall not, in any way, invalidate or otherwise affect this Agreement. •I am at least 18 years of age, and the information I have provided is true and correct to the best of my knowledge. •I have read, understood, and agree to this Agreement, which contains important information regarding the Equipment and Services provided by Protection One. •I understand and agree that the placement of my signature electronically on this page constitutes my electronic signature for this Commercial Schedule of Protection Proposal and Sales Agreement, which is a valid and binding signature under the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act"). [[SertifiSStamp_1]][[SertifiSStamp_2]] Customer Signature Protection One Authorized Manager 208 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 20. Tourism Study - Partnership with GA Southern University & Visit Savannah. Total Cost $12,500 paid for from 100-1320-52-1201. 209 Georgia Southern University Research And Service Foundation RESEARCH SERVICE AGREEMENT NO. 12554 BETWEEN GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION, INC. AND CITY OF TYBEE ISLAND THIS RESEARCH SERVICE AGREEMENT (“Agreement”) is between the GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION INC., a nonprofit corporation organized and existing under the laws of the State of Georgia, having a place of business at Georgia Southern University, P.O. Box 8005, Statesboro, Georgia 30460-8005, hereinafter referred to as "GSURSF", and “SPONSOR”: City of Tybee Island Dr. Shawn Gillen, City Manager Address: P.O. Box 2749 Phone: Tybee Island, GA 31328 Email: WHEREAS each of the aforementioned being referred to individually as the “Party” or collectively as the “Parties”; WHEREAS, GSURSF and the Board of Regents of the University System of Georgia on behalf of Georgia Southern University (hereinafter referred to as “University”) have entered into an agreement wherein University and its faculty and staff employees, independent contractors, subcontractors, and student assistants perform research and service projects under agreements executed by GSURSF with outside sponsors and/or entities, and GSURSF manages and controls University’s interests in intellectual property rights created under said agreements with outside sponsors and/or entities; and WHEREAS, the Research Services contemplated by this Agreement are of mutual interest and benefit to GSURSF and SPONSOR, will further the instructional, research and public service missions of University in a manner consistent with its status as a nonprofit, tax-exempt, educational institution, and may derive benefits for both University and SPONSOR through the advancement of knowledge; NOW, THEREFORE, the Parties hereto agree as follows: 1.STATEMENT OF WORK AND REPORTING GSURSF agrees to use its reasonable efforts to perform the Research Services appended hereto and incorporated as Appendix A. Periodic reports will be provided (check one) as described in Appendix A; or as follows: 2.PERIOD OF PERFORMANCE The period of performance shall be 09/13/2019 through 12/31/2020. 3.PRICE AND PAYMENT As compensation for the performance of this Agreement, the SPONSOR agrees to pay GSURSF the fixed price of Twelve Thousand Five Hundred Dollars ($12,500.00). SPONSOR shall have no responsibility for any expenditure in excess of the amount specified above. SPONSOR shall: Provide full payment upon submission of the executed Agreement; Provide payments according to the following schedule: 50% due upon execution of the Agreement 50% due at conclusion of the Period of Performance and receipt of the Final Report 912-472-5070 210 Georgia Southern University Research And Service Foundation Compensation for the performance of this Agreement shall be made payable to GSURSF and should cite the Agreement number provided in the fully-executed Agreement: Georgia Southern University Research and Service Foundation, Inc. P.O. Box 8005 Statesboro, GA 30460-8005 912-478-5465 4. REPORTS AND PUBLICATIONS A. GSURSF shall provide SPONSOR with a written report regarding the data obtained in the course of said Academic Research Services to the extent required in Article 1. Said report shall be maintained as confidential pursuant to Article 5 of Agreement. B. SPONSOR recognizes that the results of Research Services which do not disclose Confidential Information provided hereunder may be deemed publishable by GSURSF, and t hat the researchers engaged in project shall be free to publish these results, consistent with the obligations imposed in Article 5 of this Agreement. GSURSF will provide SPONSOR with thirty (30) days to review any manuscripts or proposed publications arising out of Research Services. SPONSOR may request GSURSF to delay publishing such proposed publication for a maximum of an additional sixty (60) days in order to protect the potential patentability of any inventions described therein. Failure to respond within sixty (60) days shall constitute de facto agreement of SPONSOR that no delay in publication is necessary. 5. CONFIDENTIALITY "Confidential Information" shall mean any SPONSOR-provided materials, written information, and data marked "Confidential" or non-written information and data disclosed which is identified at the time of disclosure as confidential and is reduced to writing and transmitted to the other party within sixty (60) days of such non- written disclosure. GSURSF hereby agrees to use the same degree of care it uses to protect its own confidential information and will, to the extent permitted by law: 1) maintain for a period of five (5) years the Confidential Information obtained from SPONSOR pursuant to this Agreement; and 2) maintain as confidential any data and interpretation of said Confidential Information arising out of said Research Services until SPONSOR has had the opportunity to review same. Publications will be limited to new scientific information regarding Research Services performed, and GSURSF will use reasonable efforts not to disclose proprietary processes or methods of SPONSOR, or the nature or composition of materials provided by SPONSOR. 6. INTELLECTUAL PROPERTY All inventions arising out of Research Services will be promptly disclosed to SPONSOR. GSURSF shall not obtain or attempt to obtain patent coverage on SPONSOR-provided materials or information, without the express written consent of SPONSOR. All inventions, patent applications, or patents made during Research Services which name as an inventor at least one employee of University shall be owned as follows: A. Inventions which involve the use of, composition of, or improvement to SPONSOR-provided materials or information, or a derivative, analogue thereof shall belong to SPONSOR; and B. Inventions which cover a scientific process, technique, procedure, medium, device or other process which is not unique to processing SPONSOR’s proprietary materials or does not derive from SPONSOR-provided materials or information shall be owned by GSURSF. 7. PUBLICITY SPONSOR shall not use the names of GSURSF, University, nor of any of its employees or components, nor any adaptation thereof, in any advertising, promotional or sales literature without the prior written consent obtained from GSURSF and University, as applicable in each case. SPONSOR may not imply endorsement by, employment at, or express opinions as those of GSURSF, University, or any components the University System of Georgia. 8. GOVERNING LAW This Agreement is performable in Bulloch County, Georgia, and shall be governed and construed in accordance with the laws of the State of Georgia. This Agreement shall be governed by Georgia law including but not limited to O.C.G.A. §50-5-85 whereas the SPONSOR, Individual or Corporation certifies that it is not currently engaged in and agrees for the duration of this agreement not to engage in, a bo ycott of Israel. 211 Georgia Southern University Research And Service Foundation 9. WARRANTIES AND INDEMNITY GSURSF IN NO WAY GUARANTEES RESEARCH SERVICES PERFORMED PURSUANT TO THIS AGREEMENT AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY OF PRODUCT PRODUCED UNDER THIS AGREEMENT. SPONSOR AGREES TO INDEMNIFY AND HOLD HARMLESS GSURSF AND UNIVERSITY AGAINST ANY CLAIMS AND COSTS (INCLUDING COUNSEL FEES) ARISING OUT OF SPONSOR’S COMMERCIAL SALE OR DISTRIBUTION OF PRODUCTS OR PROCESSES DEVELOPED UNDER THIS AGREEMENT, OR ITS RELIANCE UPON THE REPORTS PROVIDED UNDER THE AGREEMENT. 10. TERMINATION Either Party may terminate this Agreement upon thirty (30) days written notice to the other party. Upon GSURSF’s receipt of a notice of termination, GSURSF shall discontinue all performance of obligations, deliver to SPONSOR all work products completed in performance of the Agreement as of the t ermination date and invoice SPONSOR for any and all unpaid costs incurred in the performance of this Agreement prior to the termination date. SPONSOR shall then reimburse GSURSF those invoiced costs within thirty (30) days of receipt of this final invoice. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties relative to the Research Services described herein. The Agreement may be modified, renewed or extended by written mutual agreement of the parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their authorized representative. SPONSOR: CITY OF TYBEE ISLAND GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION By: By: Name: Name: Bruxanne Hein Title: Title: Executive Director Date: Date: 212 Georgia Southern University Research And Service Foundation APPENDIX A STATEMENT OF WORK 213 August 30, 2019 Dr. Shawn Gillen City Manager City of Tybee Island P.O. Box 2749 Tybee Island, Georgia 31328 Re: Tybee Island Tourism Analysis Dear Dr. Gillen, Visit Savannah and The City of Tybee Island has requested an update to the Tybee Island Tourism Study conducted by Armstrong State University in 2015. This study focused on the people visiting Tybee Island over a one-year timeframe beginning in October of 2013 and ending in September of 2014. The data from this survey was used to create a visitor profile and economic impact of visitors to Tybee Island. Since the report was released, it has been used by both the City of Tybee Island and Visit Savannah to promote the positive benefit s of tourism and to better manage the impact the visitors are having on public resources. The updated report will include a similar visitor profile and economic impact analysis. The visitor profile will include standard information for this type of report including total number of visitors that includes a breakdown of number of overnight and day-trips, travelers point of origin, method of transportation to the area, travel party size, booked accommodations, number of room nights, length of stay on the island, and length of stay for the trip. In addition, visitor spending habits will be examined in order to estimate the amount of spending linked to day-trippers and overnight visitors. Each group of visitors will be asked to provide their amount of spending during their visit to Tybee Island. This spending data will cover categories including, but not limited to lodging, entertainment, shopping/gifts, local transport and other expenses. The final spending data will serve as the starting point for the economic impact analysis that will cover both general economic impact of daytime visitors to Tybee Island and a more focused impact on unique visitors that spend the majority of their time on Tybee Island. Together these two impacts will show the economic impact of visitors to Tybee Island. In addition, for the update to this report, businesses that support the tourism market will be interviewed in order to development a more holistic picture of the issues facing visitors and the tourism industry on Tybee Island. 214 The goal of this research is to clearly estimate the annual economic impact of visitors to Tybee Island. The Center for Business Analytics and Economic Research (CBAER), a member of the Business Innovation Group at Georgia Southern University, will work to meet this objective by completing the steps in the statement of service. STATEMENT OF SERIVCE TO BE PERFORMED: Data Collection  Update the survey instrument used in 2015 and develop a data collection plan  Perform one pilot test to ensure that the survey instrument is well organized and suitable for both daytime and overnight visitors  Schedule a minimum of eight data collection weekend events between the Fall of 2019 and the Fall of 2020. Ensure that when the sample is finished it covers all four seasons.  Develop a complete data request for the City of Tybee Island  Develop interview questions to be used to discuss visitor impacts with Tybee Island Businesses Data Analysis and Economic Impact  Enter collected survey into database and test each round of data collection to ensure consistency  After initial analysis is complete and all survey data is in a database, estimates will be generated for the mode of travel, party size, purpose of trip, length of trip, spending on trip as well as additional basic demographics.  Using survey data and the data provided by the City of Tybee Island an estimate of the total number of visitors will be generated. This will include a breakdown of the total number of overnight and day-trips to Tybee Island.  The information for these estimates will form the basis for the INPUT into the economic model IMPLAN  Using IMPLAN, estimates will be generated from Output, Value Added, Labor Income and Employment. Also, included is information on how dollars being spent are moving through the economy. Both indirect (business-to-business) and induced (consumer to business) will be included. Fiscal Impact Analysis  Work with the City of Tybee Island, the City of Savannah and Chatham County to estimate the local tax revenues, property tax collections, as well as public service and general fund impacts linked to visitors. 215  Compare the City of Tybee to other communities in Georgia without a large tourism industry. A number of factors will be used including but not limited to population, median household income, unemployment, population density, person per household, etc.  Using the selected Georgia communities, compare government expenditures for services including but not limited to water/sewer, solid waste, police, fire etc.  Perform a revenue comparison, focusing on areas included but not limited to parking, property taxes, LOST, Hotel/Motel, Alcohol and other revenue sources. This report will conclude with a final written report that discusses the findings of this analysis. It will also highlight the value of having a beach, including both economic and non-economic impacts. Additional analysis will demonstrate how the beach on Tybee impacts Chatham County and the State of Georgia. DELIVERABLES AND TIMEFRAME The work outlined in this plan will begin when the client reviews and approves this scope of work document, then returns the signed scope to the CBAER assistant director. At this point, the Georgia Southern University Research and Service Foundation will draw up a separate document that will serve as the official contract governing this research project. The following timeline will begin after the clients review an approver this scope of work document. Exact dates will be set based on the delivery needs of the City of Tybee Island and CBAER research calendar. Phase 1: Data collection will take place on a quarterly basis beginning in the fourth quarter of 2019 and continuing during the first, second and third quarters of 2020. Phase 2: During the first quarter of 2020 the tax comparison analysis will be prepared. Phase 3: After all survey data has been collected CBAER will analyze the data and prepare the economic impact analysis. Phase 4: Final report will be completed during the fourth quarter of 2020. The cost of the written report is $12,500. NOTE: This constitutes half of the total project (i.e. $25,000). Visit Savannah will be contracted separately for the remainder of the project cost to include presentation materials and an executive summary. 216 PAYMENT SCHEDULE: Payment 1: $6,250 due on contract executions Payment 2: $6,250 due on delivery of final report This timeline is contingent upon the terms and conditions presented herein; thus, it is subject to change. After initial delivery of the final written document, a review period of twenty (20) days will commence, during which preferred modifications to final written document are to be submitted. CBAER will have ten (10) days to respond to these change requests. CLOSING: I would be pleased to further discuss the proposal with you and other administrators as needed, and at your convenience. Please feel free to contact me at (912) 478-2733 or by email at dhalaby@georgiasouthern.edu. Sincerely Dr. Dominique Halaby Director, Business Innovation Group Parker College of Business Georgia Southern University 217 Georgia Southern University Research And Service Foundation RESEARCH SERVICE AGREEMENT NO. 12558 BETWEEN GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION, INC. AND VISIT SAVANNAH THIS RESEARCH SERVICE AGREEMENT (“Agreement”) is between the GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION INC., a nonprofit corporation organized and existing under the laws of the State of Georgia, having a place of business at Georgia Southern University, P.O. Box 8005, Statesboro, Georgia 30460-8005, hereinafter referred to as "GSURSF", and “SPONSOR”: Visit Savannah Mr. Joseph Marinelli Address: 101 East Bay Street Phone: 912-644-6437 Savannah, GA 31401 Email: jmarinelli@visitsavannah.com WHEREAS each of the aforementioned being referred to individually as the “Party” or collectively as the “Parties”; WHEREAS, GSURSF and the Board of Regents of the University System of Georgia on behalf of Georgia Southern University (hereinafter referred to as “University”) have entered into an agreement wherein University and its faculty and staff employees, independent contractors, subcontractors, and stude nt assistants perform research and service projects under agreements executed by GSURSF with outside sponsors and/or entities , and GSURSF manages and controls University’s interests in intellectual property rights created under said agreements with outside sponsors and/or entities; and WHEREAS, the Research Services contemplated by this Agreement are of mutual interest and benefit to GSURSF and SPONSOR, will further the instructional, research and public service missions of University in a manner consistent with its status as a nonprofit, tax-exempt, educational institution, and may derive benefits for both University and SPONSOR through the advancement of knowledge; NOW, THEREFORE, the Parties hereto agree as follows: 1. STATEMENT OF WORK AND REPORTING GSURSF agrees to use its reasonable efforts to perform the Research Services appended hereto and incorporated as Appendix A. Periodic reports will be provided (check one) as described in Appendix A; or as follows: 2. PERIOD OF PERFORMANCE The period of performance shall be 09/13/2019 through 12/31/2020. 3. PRICE AND PAYMENT As compensation for the performance of this Agreement, the SPONSOR agrees to pay GSURSF the fixed price of Twelve Thousand Five Hundred Dollars ($12,500.00). SPONSOR shall have no responsibility for any expenditure in excess of the amount specified above. SPONSOR shall: Provide full payment upon submission of the executed Agreement; Provide payments according to the following schedule:  50% due upon execution of the Agreement  50% due at conclusion of the Period of Performance and receipt of the Final Report 218 Georgia Southern University Research And Service Foundation Compensation for the performance of this Agreement shall be made payable to GSURSF and should cite the Agreement number provided in the fully-executed Agreement: Georgia Southern University Research and Service Foundation, Inc. P.O. Box 8005 Statesboro, GA 30460-8005 912-478-5465 4. REPORTS AND PUBLICATIONS A. GSURSF shall provide SPONSOR with a written report regarding the data obtained in the course of said Academic Research Services to the extent required in Article 1. Said report shall be maintained as confidential pursuant to Article 5 of Agreement. B. SPONSOR recognizes that the results of Research Services which do not disclose Confidential Information provided hereunder may be deemed publishable by GSURSF, and t hat the researchers engaged in project shall be free to publish these results, consistent with the obligations imposed in Article 5 of this Agreement. GSURSF will provide SPONSOR with thirty (30) days to review any manuscripts or proposed publications arising out of Research Services. SPONSOR may request GSURSF to delay publishing such proposed publication for a maximum of an additional sixty (60) days in order to protect the potential patentability of any inventions described therein. Failure to respond within sixty (60) days shall constitute de facto agreement of SPONSOR that no delay in publication is necessary. 5. CONFIDENTIALITY "Confidential Information" shall mean any SPONSOR-provided materials, written information, and data marked "Confidential" or non-written information and data disclosed which is identified at the time of disclosure as confidential and is reduced to writing and transmitted to the other party within sixty (60) days of such non- written disclosure. GSURSF hereby agrees to use the same degree of care it uses to protect its own confidential information and will, to the extent permitted by law: 1) maintain for a period of five (5) years the Confidential Information obtained from SPONSOR pursuant to this Agreement; and 2) maintain as confidential any data and interpretation of said Confidential Information arising out of said Research Services until SPONSOR has had the opportunity to review same. Publications will be limited to new scientific information regarding Research Services performed, and GSURSF will use reasonable efforts not to disclose proprietary processes or methods of SPONSOR, or the nature or composition of materials provided by SPONSOR. 6. INTELLECTUAL PROPERTY All inventions arising out of Research Services will be promptly disclosed to SPONSOR. GSURSF shall not obtain or attempt to obtain patent coverage on SPONSOR-provided materials or information, without the express written consent of SPONSOR. All inventions, patent applications, or patents made during Research Services which name as an inventor at least one employee of University shall be owned as follows: A. Inventions which involve the use of, composition of, or improvement to SPONSOR-provided materials or information, or a derivative, analogue thereof shall belong to SPONSOR; and B. Inventions which cover a scientific process, technique, procedure, medium, device or other process which is not unique to processing SPONSOR’s proprietary materials or does not derive from SPONSOR-provided materials or information shall be owned by GSURSF. 7. PUBLICITY SPONSOR shall not use the names of GSURSF, University, nor of any of its employees or components, nor any adaptation thereof, in any advertising, promotional or sales literature without the prior written consent obtained from GSURSF and University, as applicable in each case. SPONSOR may not imply endorsement by, employment at, or express opinions as those of GSURSF, University, or any components the University System of Georgia. 8. GOVERNING LAW This Agreement is performable in Bulloch County, Georgia, and shall be governed and construed in accordance with the laws of the State of Georgia. This Agreement shall be governed by Georgia law including but not limited to O.C.G.A. §50-5-85 whereas the SPONSOR, Individual or Corporation certifies that it is not currently engaged in and agrees for the duration of this agreement not to engage in, a bo ycott of Israel. 219 Georgia Southern University Research And Service Foundation 9. WARRANTIES AND INDEMNITY GSURSF IN NO WAY GUARANTEES RESEARCH SERVICES PERFORMED PURSUANT TO THIS AGREEMENT AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY OF PRODUCT PRODUCED UNDER THIS AGREEMENT. SPONSOR AGREES TO INDEMNIFY AND HOLD HARMLESS GSURSF AND UNIVERSITY AGAINST ANY CLAIMS AND COSTS (INCLUDING COUNSEL FEES) ARISING OUT OF SPONSOR’S COMMERCIAL SALE OR DISTRIBUTION OF PRODUCTS OR PROCESSES DEVELOPED UNDER THIS AGREEMENT, OR ITS RELIANCE UPON THE REPORTS PROVIDED UNDER THE AGREEMENT. 10. TERMINATION Either Party may terminate this Agreement upon thirty (30) days written notice to the other party. Upon GSURSF’s receipt of a notice of termination, GSURSF shall discontinue all performance of obligations, deliver to SPONSOR all work products completed in performance of the Agreement as of the t ermination date and invoice SPONSOR for any and all unpaid costs incurred in the performance of this Agreement prior to the termination date. SPONSOR shall then reimburse GSURSF those invoiced costs within thirty (30) days of receipt of this final invoice. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties relative to the Research Services described herein. The Agreement may be modified, renewed or extended by written mutual agreement of the parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their authorized representative. SPONSOR: VISIT SAVANNAH GEORGIA SOUTHERN UNIVERSITY RESEARCH AND SERVICE FOUNDATION By: By: Name: Name: Bruxanne Hein Title: Title: Executive Director Date: Date: 220 Georgia Southern University Research And Service Foundation APPENDIX A STATEMENT OF WORK 221 August 30, 2019 Mr. Joseph Marinelli President Visit Savannah 101 East Bay Street Savannah, Georgia 31401 Re: Tybee Island Tourism Analysis Dear Mr. Marinelli, Visit Savannah and The City of Tybee Island has requested an update to the Tybee Island Tourism Study conducted by Armstrong State University in 2015. This study focused on the people visiting Tybee Island over a one-year timeframe beginning in October of 2013 and ending in September of 2014. The data from this survey was used to create a visitor profile and economic impact of visitors to Tybee Island. Since the report was released, it has been used by both the City of Tybee Island and Visit Savannah to promote the positive benefit s of tourism and to better manage the impact the visitors are having on public resources. The updated report will include a similar visitor profile and economic impact analysis. The visitor profile will include standard information for this type of report including total number of visitors that includes a breakdown of number of overnight and day-trips, travels point of origin, method of transportation to the area, travel party size, booked accommodations, number of room nights, length of stay on the island, and length of stay for the trip. In addition, visitor spending habits will be examined in order to estimate the amount of spending linked to day- trippers and overnight visitors. Each group of visitors will be asked to provide their amount of spending during their visit to Tybee Island. This spending data will cover categories including, but not limited to lodging, entertainment, shopping/gifts, local transport and other expenses. The final spending data will serve as the starting point for the economic impact analysis that will cover both general economic impact of daytime visitors to Tybee Island and a more focused impact on unique visitors that spend the majority of their time on Tybee Island. Together these two impacts will show the economic impact of visitors to Tybee Island. In addition, for the update to this report, businesses that support the tourism market will be interviewed in order to development a more holistic picture of the issues facing visitors and the tourism industry on Tybee Island. 222 The goal of this research is to clearly estimate the annual economic impact of visitors to Tybee Island. The Center for Business Analytics and Economic Research (CBAER), a member of the Business Innovation Group at Georgia Southern University, will work to meet this objective by completing the steps in the statement of service. STATEMENT OF SERIVCE TO BE PERFORMED: Data Collection  Update the survey instrument used in 2015 and develop a data collection plan  Perform one pilot test to ensure that the survey instrument is well organized and suitable for both daytime and overnight visitors  Schedule a minimum of eight data collection weekend events between the Fall of 2019 and the Fall of 2020. Ensure that when the sample is finished it covers all four seasons.  Develop a complete data request for the City of Tybee Island  Develop interview questions to be used to discuss visitor impacts with Tybee Island Businesses Data Analysis and Economic Impact  Enter collected survey into database and test each round of data collection to ensure consistency  After initial analysis is complete and all survey data is in a database, estimates will be generated for the mode of travel, party size, purpose of trip, length of trip, spending on trip as well as additional basic demographics.  Using survey data and the data provided by the City of Tybee Island an estimate of the total number of visitors will be generated. This will include a breakdown of both overnight and day-trips totals to Tybee Island.  The information for these estimates will form the basis for the INPUT into the economic model IMPLAN  Using IMPLAN, estimates will be generated from Output, Value Added, Labor Income and Employment. Also, included is information on how dollars being spent are moving through the economy. Both indirect (business-to-business) and induced (consumer to business) will be included. Fiscal Impact Analysis  Work with the City of Tybee Island, the City of Savannah and Chatham County to estimate the local tax revenues, property tax collections, as well as public service and general fund impacts linked to visitors. 223  Compare the City of Tybee to other communities in Georgia without a large tourism industry. A number of factors will be used including but not limited to population, median household income, unemployment, population density, person per household, etc.  Using the selected Georgia communities, compare government expenditures for services including but not limited to water/sewer, solid waste, police, fire etc.  Perform a revenue comparison, focusing on areas included but not limited to parking, property taxes, LOST, Hotel/Motel, Alcohol and other revenue sources. This report will conclude with presentation material that discusses the findings of this analysis. This will include a slide deck and one-pager executive summary. It will also highlight the value of having a beach, including both economic and non-economic impacts. Additional analysis will demonstrate how the beach on Tybee impacts Chatham County and the State of Georgia. DELIVERABLES AND TIMEFRAME The work outlined in this plan will begin when the client reviews and approves this scope of work document, then returns the signed scope to the CBAER assistant director. At this point, the Georgia Southern University Research and Service Foundation will draw up a separate document that will serve as the official contract governing this research project. The following timeline will begin after the clients review an approver this scope of work document. Exact dates will be set based on the delivery needs of Visit Savannah and the CBAER research calendar. Phase 1: Data collection will take place on a quarterly basis beginning in the fourth quarter of 2019 and continuing during the first, second and third quarter s of 2020. Phase 2: During the first quarter of 2020 the tax comparison analysis will be prepared. Phase 3: After all survey data has been collected CBAER will analyze the data and prepare the economic impact analysis. Phase 4: Final presentation will be completed during the fourth quarter of 2020. The cost for the delivered project as described above is $12,500. NOTE: This constitutes half of the total project (i.e. $25,000). The City of Tybee Island will be contracted separately for the remainder of the project cost that will include a full written report. 224 PAYMENT SCHEDULE: Payment 1: $6,250 due on contract executions Payment 2: $6,250 due on delivery of final report This timeline is contingent upon the terms and conditions presented herein; thus, it is subject to change. After initial delivery of the final written document, a review period of twenty (20) days will commence, during which preferred modifications to final written document are to be submitted. CBAER will have ten (10) days to respond to these change requests. CLOSING: I would be pleased to further discuss the proposal with you and other administrators as needed, and at your convenience. Please feel free to contact me at (912) 478-2733 or by email at dhalaby@georgiasouthern.edu. Sincerely Dr. Dominique Halaby Director, Business Innovation Group Parker College of Business Georgia Southern University 225 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 21. This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. 226 MAYOR Jason Buelterman CITY COUNCIL Barry Brown Mayor Pro Tem Wanda Doyle Julie Livingston Shirley Sessions Monty Parks John Branigin CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Council Meeting Date for Request: September 12, 2019 Item: This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. The details of the budget line items for transfer are as follows: REQUESTED BUDGETED AMENDMENT ON SEPTEMBER 12, 2019 Requested Budget Amendment Adjusted Department Account Description Account Number Current Budget DECREASE INCREASE Budget Balance Finance Travel & Related 100-1510-52-3500 10,000.00 6,000.00 4,000.00 Finance Education & Training 100-1510-52-3700 10,000.00 4,000.00 6,000.00 Fin - Payroll Travel & Related 100-1519-52-3500 4,000.00 2,000.00 2,000.00 Fin - Payroll Education & Training 100-1519-52-3700 2,400.00 1,000.00 1,400.00 IT Service Contracts 100-1535-52-1300 266,200.00 10,000.00 276,200.00 Bldg Maint Repair/ Maint - Equipment 100-1565-52-2203 40,000.00 3,000.00 43,000.00 0.00 13,000.00 13,000.00 Submitted by: Melissa Freeman, Finance Administrator Phone / Email: (912) 472-5023/mfreeman@cityoftybee.org Comments: ________________________________________________________________________________ August 21, 2019 Date given to Clerk of Council 227 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 22. Community Services Agreement - Tybee Festival Association 228 229 230 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 23. Resolution: Designate October 11-13, 2019 As the Festival Days for Pirates Fest and Designate the area as the Festival Control Zone 231 232 233 234 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 24. Resolution: Marsh Hen Trail 235 430034.1 RESOLUTION AUTHORIZING THE CITY OF TYBEE ISLAND (HEREINAFTER REFERRED TO AS “SPONSOR”) AND THE GEORGIA DEPARTMENT OF TRANSPORTATION (HEREINAFTER REFERRED TO AS “DEPARTMNET”) TO CONTRACT FOR FUNDING UNDER THE TRANSPORTATION EQUITY ACT OF THE 21ST CENTURY (HEREINAFTER REFERRED TO AS “TEA-21) WHEREAS, the Secretary of the United States Department of Transportation (hereinafter referred to as the “US DOT”) and the Commissioner of the DEPARTMENT are authorized to contract for Transportation Enhancement Projects; and WHEREAS, the contract for financial assistance imposes certain duties upon SPONSOR including but not limited to the provision of its local share of the project costs; and WHEREAS, SPONSOR guarantees that it will comply with the Title VI of the Civil Rights Act of 1964, all other pertinent directives and all US DOT requirements; and WHEREAS, to complete the project, SPONSOR will use Disadvantaged Business Enterprises to the fullest extent possible and will implement and administer procedures to ensure that minority businesses are competitive for contracts and purchase orders when procuring services including but not limited to construction contracts, supplies, equipment contracts or consultant contracts. NOW, THEREFORE, be it resolved by SPONSOR that:  The City Manager is authorized to execute the contract on behalf of SPONSOR with the DEPARTMENT for aid in financing construction, and all other activities incidental thereto, of Transportation Enhancement Activity pursuant to Public Law 105-178 (1998); and all other provisions as set forth in the contract with the DEPARTMENT.  The City Manager is authorized to execute and file an assurance any other documents required by the US DOT and the DEPARTMENT certifying compliance with Title VI of the Civil Rights Action of 1964.  The City Manager is authorized to furnish any and all additional information that may be required by US DOT or the DEPARTMENT in connection with the application for the Transportation Enhancement Activity project and budget.  That the City Manager is authorized to set forth and execute affirmative disadvantaged business policies in connection with the participation goal established by the Georgia Department of Transportation. DULY ADOPTED this 22 day of September, 2019. By: ____________________________________ Jason Buelterman, Mayor CITY OF TYBEE ISLAND, GEORGIA Attest: _________________________________ Janet LeViner, Clerk 236 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 25. Resolution and Contingent Fee Agreement: Class Action Airbnb 237 430034.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TYBEE ISLAND, GEORGIA AUTHORIZING EMPLOYMENT OF A COUNSEL AND THE JOINING OF A LAWSUIT AGAINST INTERNET ACCOMMODATION SHARING COMPANIES. W I T N E S S E T H: WHEREAS, it is apparent that internet accommodation sharing companies such as Airbnb, Inc. are acting in concert with local property owners to offer temporary accommodations to travelers and occupants within the City's jurisdiction, but are failing to collect and remit taxes properly due on such transactions (including without limitation local City of Tybee Island's hotel excise taxes pursuant to O.C.G.A. §48-13-50, et. seq., hereinafter collectively referred to as the "Hotel Tax Claims"), and WHEREAS, the City desires assistance to obtain the payment of such past and future Hotel Tax Claims and counsel who have previously represented the City on similar claims against other online travel companies have offered to represent the City to collect said claims upon terms and conditions previously agreed to for representation regarding such claims. NOW, THEREFORE, be it resolved that the City of Tybee Island enter into and execute the Representation Agreement attached hereto as Exhibit "A," and that the Mayor of the City of Tybee Island be authorized and directed to execute the Agreement. DULY ADOPTED this _____ day of September, 2019, by a vote of __ to __, in public session for official purposes. CITY OF TYBEE ISLAND, GEORGIA (OFFICIAL SEAL) By: ____________________________________ Jason Buelterman, Mayor Attest: _________________________________ Janet LeViner, Clerk 238 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 26. First Reading, 2019-14, Sec 42-60, Balloons/Chinese Lantern Release 239 1 ORDINANCE NO. 14-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF TYBEE ISLAND, GEORGIA, SO AS TO SPECIFICALLY PROVIDE THAT IT IS PROHIBITED AND UNLAWFUL TO RELEASE BALLOONS SUCH AS HELIUM BALLOONS OR CHINESE LANTERN TYPE DEVICES INTO THE ATMOSPHERE AND TO CLARIFY THAT BALLOONS AND CHINESE LANTERNS ARE DEEMED TO BE “LITTER”, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt and/or amend ordinances under its police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island to prohibit the release of harmful balloons and “Chinese lanterns”, and WHEREAS, it is found the use of balloons and similar items, including “Chinese lanterns” are a hazard to the environment, as well as to wildlife, and therefore, it is resolved as follows: NOW, THEREFORE, be it resolved and it is hereby ordained by the governing authority of the City of Tybee Island that Section 12-1 (a) 2 shall be amended so that hereafter it shall read as follows: SECTION 1 (2) Placement of litter. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, cigarette butts, bottles, cans, trash, fruit peelings or other refuse upon the beaches or structures erected hereon. Beach goers must have their trash in a container at all times. Littering shall also include the release of helium balloons and/or Chinese lanterns, including helium, foil, mylar or “bio-degradable” balloons from any location in the City, including the beach, structures on the beach and waters adjacent thereto, and such activity shall be classified as “littering” and subject to the prohibition herein. SECTION 2 240 2 It is further hereby ordained by the governing authority of the City of Tybee Island that Section 42-60 (5) is hereby amended so as to add the following thereto: The release of helium balloons and/or Chinese lanterns, including helium, foil, mylar or “bio- degradable” balloons from any location in the City, including the beach, structures thereon and waters adjacent thereto, shall be deemed to be “littering” and included as an activity prohibited in this subsection. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2019. ADOPTED THIS DAY OF , 2019. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 241 3 242 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 27. Bubba Hughes: Resignation/Agreement Angela Hudson 243 NOTICE TO ANGELA HUDSON;THIS IS A LEGAL DOCUMENT AND YOU ARE ADVISED TO DISCUSSTHE TERMS OF THIS AGREEMENT WITH AN ATTORNEY PRIOR TOSIGNING.RESIGNATION. GENERAL RELEASE AND WAIVER OF RIGHTSThis Resignation, General Release and Waiver of Rights ("Agreement") is made andentered into by and between Angela Hudson, hereinafter, "Hudson" and the City of Tybee Island,Georgia hereinafter the "City of Tybee Island", collectively referred to herein as the "Parties.1.If this Agreement is accepted by the City of Tybee Island, Hudson's employment willterminate based on her resignation at the close of business on the 12'"^ day of October, 2019, unlesswithin seven (7) days following her signature hereon, she has revoked this agreement pursuant tothe provisions below. On the eighth day following her signature and at the time of her resignationor within three (3) business days thereafter, whichever is later, she will receive the equivalent ofsix (6) months of her salary, except for the period from August 26, 2019 until October 12, 2019for which she is considered to be on paid leave and all sums paid during that period will bededucted from the six months total which would otherwise total $47,838.70. The estimated sumto be deducted based on salary paid for August 26, 2019 through October 12, 2019 is $12,879.65.These sums are being paid to settle any and all disputes, including but not limited to, Hudson'sentitlement or lack of entitlement to benefits. By signing this Agreement, Hudson has decided toaccept these benefits, which would not otherwise be available to her. Following the expiration ofher right of revocation as provided herein, the payment described will be payable as describedabove within three business days of her effective resignation, provided Hudson's right ofrevocation has expired2.In return for the consideration set forth in Paragraph I of this Agreement, less any amountwhich must be deducted and/or withheld, Hudson hereby resigns her employment with the City,effective October 12, 2019. Hudson knowingly waives and voluntarily releases all claims whichshe may have as of this date or the date of her resignation, whichever is later, against the City ofTybee Island and its subdivisions, elected officials, appointees, assigns, officers, directors, agentsand employees, all of the foregoing including their personal and official capacities, and any benefitplans provided to her, including the representatives, agents, administrators and committees of suchbenefit plans (all of the foregoing persons and entities are hereinafter collectively referred to as"the City"). The claims Hudson is hereby releasing include but are not limited to any and allgrievances, charges, claims, administrative actions, liabilities, causes of action, demands,obligations, or suits of any nature whatsoever, known or unknown, whether based on statute,contract or common law, related directly or indirectly to her employment with City of Tybee Islandor the termination of that employment, such as claims under: Title Vll of the Civil Rights Act of1964 (as amended); the Civil Rights Act of 1991; the Employee Retirement Income Security Actof 1974 (as amended); the Fair Labor Standards Act; the National Labor Relations Act (asamended); the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990 (as amended);244 the Family and Medical Leave Act of 1993; the Worker Adjustment & Retraining Notification Act("WARN"); age claims and rights under the Age Discrimination in Employment Act ("ADEA");the Georgia Whistleblower statute, O.C.G.A. §45-1-4 or any other whistleblower law; the OlderWorkers Benefit Protection Act; the Consolidated Omnibus Budget Reconciliation Act("COBRA"); the Family and Medical Leave Act ("FMLA"); the Rehabilitation Act, 42 U.S.C.§1981; and any other federal, state or local law, the common law, and/or any other legal orcontractual obligations or restrictions regarding her employment. Hudson understands that thisAgreement covers all claims, which she has, or may have, as of the date on which she signs it.This Agreement does not waive or release (1) any claim for benefits to which she is entitledpursuant to applicable worker's compensation laws; or (2) any rights or claims which may ariseafter the signing of this Agreement, including any claim for future failure to pay benefits inaccordance with terms of any applicable benefit plans. To the extent that this Agreement isconstrued not to prohibit her from filing a charge with the Equal Employment OpportunityCommission (EEOC), this Agreement nevertheless does include a release of her right to file a courtaction or to seek or receive individual remedies or damages in any EEOC proceeding or EEOCfiled court action, except to the extent provided by 29 CFR Ft. 1625.23 which provides that anemployee is not limited in any way from challenging the knowing and voluntary nature of a waiverof a claim under the Age Discrimination in Employment Act.3.Without limiting the foregoing paragraphs, Hudson also specifically releases and waivesany claims of age discrimination that she may have against the City as of the date she signs thisAgreement, including any and all rights and claims arising under the Age Discrimination inEmployment Act (as amended), the Older Workers Benefit Protection Act, or any state law ormunicipal ordinance, and she acknowledges that of the consideration referred to above, $100.00 isin settlement of all such claims specifically.4.The City ofTybee Island shall pay the sum of $47,838.70, less sums paid between August26, 2019 and October 12, 2019, total, subject to withholding as required by law representing 6months of salary, as a compromise of any claims disputed or otherwise, and representscompensation of any disputed claims, including, but not limited to, any claim for attorney's feesby Hudson. A check for $1,600.00 deducted from the total sum shall be payable to "AngelaHudson and Ethel Munson, her attorney", and Hudson shall be solely responsible for thedistribution of the proceeds between herself and the attorney. The check will be delivered toAngela Hudson and/or Ethel Munson on the 8"' day following the execution of the agreementprovided the right of revocation has not been exercised and following October 12, 2019. Inconsideration made hereunder for attorney's fees, Hudson and Ethel Munson (acting on her ownbehalf and on behalf of her firm and any individual lawyers therein) agree, represent, warrant andacknowledge that they have released any claims that they may have for attorney's fees. EthelMunson further warrants that she has authority to act on behalf of her firm and the individuallawyers therein. The benefits under the Agreement completely discharge any obligation of theCity with respect to Hudson's employment with the City or any other payments or benefits thatshe might otherwise be entitled to under any other severance or separation plan, not inclusive ofretirement plan, sponsored by the City.245 5.Insurance conversion rights, if any, shall be governed by applicable law and benefit planas with any other separated employee and Hudson will be responsible for all payment of allCOBRA premiums as would any other separated employee, except that the City, in addition to theconsideration stated above, shall maintain her present health insurance in place for a period of 30days from the effective date hereof and/or through and including October, 2019, whichever is later.This Agreement shall not be construed in any manner as an admission by the City that ithas violated any law, policy or procedure or acted wrongfully with respect to Hudson or any otherperson, or that she has any rights whatsoever against the City. Hudson acknowledges that the Cityspecifically disclaims any liability to her arising from her employment relationship with the Cityof Tybee Island.7.The provisions of this Agreement are severable and, if any part of it is found to beunenforceable, the other paragraphs shall remain fully valid and enforceable.This Agreement does not in any way waive, settle or compromise Hudson's entitlement toretirements benefits which have accrued during the course of her employment. To the extent ofany conflict, this paragraph controls over any other provision of this Agreement in that regard.9.This Agreement is to be construed and inteipreted in accordance with Federal Law and thelaws of Georgia, with Federal Law controlling if there is a conflict.10.As a condition precedent to the issuance of the sum outlined in Paragraph 1 of thisAgreement, Hudson agrees to return to the City of Tybee Island all of its property and documentswhich are in her possession. The City of Tybee Island agrees to deliver all personal items andeffects which Hudson left in her office prior to being placed on leave with pay. Hudson agreesthat she will not seek re-employment or a contractual relationship with the City of Tybee Island atany time in the future.11.All inquiries from prospective employers inquiring about Hudson's prior employment withthe City of Tybee Island will be forwarded to the Director of Human Resources or some equivalentmanager who will only provide Hudson's dates of employment, positions held, and salary historyin writing. The Mayor or Mayor Pro-tem will provide a letter of recommendation. The City willhowever properly respond to valid Open Record Request.246 12.Hudson understands that she will have twenty-one (21) days from the date of receipt of thisWaiver to review, consider and execute tliis document, and that she will have the right, withinseven (7) days after executing this Resignation, General Release and Waiver of Rights, to revokeit by delivering her written revocation to Janice Elliott, P.O. Box 2749, Tybee Island, Georgia,31328. Hudson understands that none of the terms of the Waiver shall become effective orenforceable until at least the eighth (8th) day after the original date that she signs the Waiver,provided that she has not revoked the Waiver prior to that date. Hudson further acknowledges thatshe has been advised to consult with an attorney before executing this Waiver, to ensure that shefully understand its legal significance. She does represent that she has have consulted with anattorney who participated in arriving at the agreement which is the subject matter hereof.HUDSON HAS CAREFULLY READ THE FOREGOING AGIUHEMENT ANDACKNOWLEDGES THAT SHE KNOWS AND UNDERSTANDS THE CONTENTSTHEREOF, AND SHE EXECUTES THIS AGREEMENT ON HER OWN FREE WILL. THEAGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT BOTH PARTIESINTEND TO BE LEGALLY BOUND AS OF THE DATE STATED BELOW.Date of SignatureANGELA HUDSONd subsoifbeday of0 before me,2019.Ethel L Munotary^blicy. GEORGIANotary Public W Comm. ExDir'e.<.Mv Commission Expires:IPATED IN BY:•THEL MUNSONAttorney for Angela HudsonAPPROVED, ACCEPTED AND AGREED TO:City of Tybee Island, GeorgiaDRAFTED BY AND APPROVEDByi.By:Edward M. Hughes, Attomeyfor the City of Tybee Island247 \ n - ;. - -T 'v .''-O^ • '■V- i ' ''■■Af8BO:3a A,; •-.,. . : —•;:;0 .-.- V-^*^ •••^•• •••.. A/r,' A--A-C*V aA "T'A-V..J>248 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 28. Bubba Hughes: Ante Litem, Je'Aarian Belin 249 250 251 252 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 29. John Branigin: Master Plan Implementation Committee 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 37. George Shaw: Approval of Grant Administrator for HMGP 298 REQUEST FOR PROPOSAL RFP NO. 2019-740 HAZARD MITIGATION GRANT ADMINISTRATOR PROPOSAL DUE: TUESDAY, SEPTEMBER 24, 2019 by 2:00pm PRE-PROPOSAL MEETING: TUESDAY, SEPTEMBER 10 at 11:00am CITY OF TYBEE ISLAND, GEORGIA JASON BUELTERMAN, MAYOR BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS WANDA DOYLE JULIE LIVINGSTON JOHN BRANIGIN MONTY PARKS DOCUMENT CHECK LIST The following documents are contained in and made a part of this RFP Package, and are required to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER INTRODUCTION SPECIFICATIONS AND REQUIREMENTS INSTRUCTIONS TO PROPOSERS GENERAL INFORMATION EVALUATION CRITERIA ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C. SAVE AFFIDAVIT; D. VENDOR INFORMATION; E. CHECKLIST INTRODUCTION Date: 8-28-18 This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes hereinafter referred to as “Owner”) with services as indicated herein. The City of Tybee Island has recently been awarded a FEMA Hazard Mitigation Program Grant to elevate up to twelve homes on the island. We are seeking management services to administer all phases of the grant contract to include funds allocation, reimbursement requests, record keeping, reporting and close out. Additional activities would include public workshops and meetings, individual meetings with homeowners, updates to city council and coordination with city staff. 299 Sealed proposals must be received by 2:00pm local time, on Tuesday, September 24, 2019. The City of Tybee Island reserves the right to reject any or all proposals. A pre-proposal meeting will be held on Tuesday, September 10, at 11:00am in the City Hall auditorium (403 Butler Ave, Tybee Island). Interested vendors are encouraged to attend, as they will have the opportunity to discuss specifications, visit the site, and ask questions. METHOD OF AWARD: If the City of Tybee Island awards a contract as a result of this RFP, it will be awarded to the responsible proposer deemed able to provide the best value for the City. The award will take into account price among other factors as specified in this RFP. The City reserves the right to select the proposer which best meets the City’s goals and objectives, needs, budget constraints, and quality levels, as well as its educational and service level expectations. The City reserves the right to award a contract to one or multiple vendors. Proposals are subject to the terms and conditions of this RFP. Signature of proposer indicates understanding and compliance with the attached terms and conditions, and all other specifications made a part of this request, and any subsequent award or contract. All terms, conditions and representations made in this request will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the proposer, in whole or in part, for any costs associated with preparation, submission, or presentation of proposals. Instructions for preparation and submission of a proposal are contained in this RFP package. Please note that specific forms for submission of a proposal are required. The City of Tybee Island has an equal opportunity purchasing policy to assure all procurement procedures are conducted in a manner that provides maximum open and free competition. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by the City. The City provides equal opportunity for all businesses and does not discriminate against any persons or businesses regardless of race, color, religion, age, sex, national origin or handicap. The City of Tybee Island is seeking a proposal package for service or materials equal to or exceeding specifications set forth on the attached pages. Those not meeting these standards will be rejected. The attached material specifications become and remain a part of this RFP. All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all reports, charts, displays, schedules, exhibits and other documentation by the proposers will become the property of the City when received. The City retains the right to use any or all ideas presented in any response to this RFP, whether amended or not. Selection or rejection of the proposal does not affect this right. SPECIFICATIONS AND REQUIREMENTS Manage all aspects of the Hazard Mitigation Grant to elevate homes out of the floodplain on Tybee Island, GA. Requirements include:  Conduct public meeting for all eligible homeowners to explain the process  Vet contractors to ensure minimum qualifications are met  Work with our finance director to create a budget for the project  Manage cash flow from GEMA including all necessary record keeping and reporting 300 �� Manage payouts in keeping with FEMA guidelines including all necessary record keeping and reporting �� Present project updates to City Council quarterly �� Submit grant amendments as necessary �� All other tasks necessary for administrating grant to FEMA specifications �� Close out the grant as required by FEMA Costs should include unit price based on number of structures that are elevated through the grant 1. INSTRUCTIONS TO PROPOSERS Purpose: The purpose of this document is to provide general and specific information for use in submitting a proposal to supply the City of Tybee Island with equipment, supplies, and/or services as described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia. Proposers must carefully review all provisions of, and attachments to, this document prior to submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein. This RFP and any attachments, plans, and/or other related documents can be found on the City s website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the website for additional information and/or addendums. 1.1 How to Prepare Proposals: All Proposals must be: a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all documents must be submitted. b. Proposals must be signed by the business owner or authorized representative, with all erasures or corrections initialed and dated by the official signing the Proposal. ALL SIGNATURE SPACES MUST BE SIGNED. 1.2 How to Submit Proposals: One original, and one complete PDF version on a USB drive, must be submitted in a sealed opaque envelope, plainly marked with the RFP number and title, and proposer s company name, to the office of the address below prior to the time specified. Include your proposal, and all required attachments, which can be found at the end of this document. �� Include all requested documents, in addition to a W -9 and certificate of insurance. �� City/County Occupational Tax Certificate Requirement: Contractor must supply a copy of their Occupational Tax Certificate as proof of payment of the occupational tax where their office is located. In addition, if a contract is awarded, contractors that are not located on Tybee Island are required to obtain a Tybee Island contractor registration. Contact Sharon Shaver for additional information, at 912-472-5072, or in person at Tybee Island City Hall 403 Butler Ave, Tybee Island, Ga 301 �� Include at least three (3) references documenting your experience with similar projects. Include name of project, construction cost, location, and current reference contact information including name, phone number, and email address. In addition to the information above, submit a written and/or photographic description of how these projects relate to this RFP. �� All Proposals must be hand delivered, mailed, or sent by courier in sufficient time to ensure receipt by the Purchasing Agent on or before the time and date specified above. Include RFP #2019-740 on front of envelope. �� Courier or hand deliver response package to: MELISSA FREEMAN TYBEE ISLAND CITY HALL 403 BUTLER AVE TYBEE ISLAND, GA. 31328 �� Proposals may be submitted via US Mail, but proposers choosing this method should allow at least an additional 24 hours for delivery: MELISSA FREEMAN CITY OF TYBEE ISLAND PO BOX 2749 TYBEE ISLAND, GA. 31328 FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE OPENED. 1.3 How to Submit an Objection: Potential proposers must present any written objection to this RFP at least seven (7) days prior to the proposal due date. The objections contemplated may pertain to form and/or substance of the RFP documents. Objections must be made in writing to the Purchasing agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to RFP #2019-740. 1.4 Errors in RFP responses: Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications of this RFP before submitting a proposal. Failure to do so will be at the Proposer's own risk. In case of error in extension of prices in the proposal, the unit price will govern. 1.5 Questions concerning RFP: Questions, inquiries, suggestions, or requests concerning interpretation, clarification or additional information concerning any portion of this RFP must be made by email, sent to the below named individual, who will be the official point of contact for this RFP. Questions must be submitted at least seven days before the proposal due date. 302 Mark subject line on e-mail “Questions on RFP 2019-740, Grant Administrator.” POINT OF CONTACT: Melissa Freeman mfreeman@cityoftybee.org Failure of a Proposer to ask questions, request changes, or submit objections by the dates indicated above shall constitute the Proposer's acceptance of all of the terms, conditions and requirements set forth in this RFP. All questions and answers will be issued as an addendum to this RFP. 1.6 Addendums to RFP: Any changes to the conditions or specifications in this RFP must be in the form of a written addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will be posted by the Purchasing Agent on the City’s website. The issuance of a written addendum by the Purchasing Agent is the only official method by which interpretation, clarification or additional information will be given. The City of Tybee Island will not be responsible for any oral representation given by any employee, representative or others. Proposer must acknowledge each addendum in the response. It is solely your responsibility as a proposer to ensure that you have received all addenda and incorporated the changes into your response before submission. Unless otherwise specified in an addendum, the due date and time remains as listed above. 2 GENERAL INFORMATION 2.1 Specifications: Any obvious error or omission in specifications will not inure to the benefit of the proposer but will put the proposer on notice to inquire of or identify the same from the City of Tybee Island. Whenever herein mentioned is made of any article, material or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., will be construed to be the minimum requirements of these specifications. 2.2 Standards for Acceptance of Proposal for Contract Award: City of Tybee Island reserves the right to reject any or all proposals and to waive any irregularities or technicalities in proposals received whenever such rejection or waiver is in the best interest of City of Tybee Island. City of Tybee Island reserves the right to reject the proposal of a proposer who has previously failed to perform properly or complete on time contracts of a similar nature, or a proposal from a proposer whom investigation shows is not in a position to perform the contract. 2.3 Proposer: Whenever the term "proposer" is used it will encompass the "person," "business," "supplier," "vendor," or other party submitting a proposal to City of Tybee Island in such capacity before a contract has been entered into between such party and City of Tybee Island. 303 2.4 Responsible / Responsive proposer: Responsible proposer means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements. Responsive proposer means a person or entity that has submitted a proposal that conforms in all material respects to the requirements set forth in the RFP. 2.5 Compliance with Laws: The proposer will obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state, county or city statute, ordinances and rules during the performance of any contract between the contractor and City of Tybee Island. Any such requirement specifically set forth in any contract document between the contractor and City of Tybee Island will be supplementary to this section and not in substitution thereof. 2.6 Contractor: Contractor or subcontractor means any person or business having a contract with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or services certifies that they will follow equal employment opportunity practices in connection with the awarded contract as more fully specified in the contract documents. 2.7 State Licensing Board for General Contractors: If applicable, pursuant to Georgia law, any proposer must be a Georgia licensed General Contractor (Contractor work or activity that is unlimited in scope regarding any residential or commercial projects). 2.8 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and subcontractors with 100 or more employees entering into a contract or performing work must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost federal employment verification system to insure employment eligibility. No proposals will be considered unless a signed E-Verify Affidavit is enclosed with the submittal package. Affidavits are enclosed in this solicitation. You may download M-274 Handbook for Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to http://www.uscis.gov to find the E-Verify information. Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1 required Georgia cities to comply with the federal Systematic Alien Verification for Entitlements (SAVE) Program. SAVE is a federal program used to verify that applicants for certain “public benefits” are legally present in the United States. Contracts with the City are considered “public benefits.” Responders are required to provide the Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any City contract. The affidavit is included as part of this RFP package. Protection of Resident Workers. City of Tybee Island actively supports the Immigration and Nationality Act (INA), which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers can hire only persons who can legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of any hiree, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor will establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 304 2.9 Permitting and Approvals: The contractor that is awarded the contract will be responsible for securing all necessary federal, state and local approvals required for the project. 2.10 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted in the proposal will be firm for acceptance for a period of sixty (60) days from proposal opening date, unless otherwise stated in the RFP. 2.11 Quality: All materials or supplies used for, or the workmanship employed in, any construction necessary to comply with this RFP, will be of the best quality, and adhere to the highest industry standards. 2.12 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the Proposer will unconditionally guarantee the materials and workmanship for one (1) year from completion of the project or delivery of goods. If, within the guarantee period, any defects occur which are due to faulty material and or services, the contractor, at his expense, will repair or adjust the condition, or replace the material, to comply with the contract requirements and applicable standards thereof. These repairs, replacements or adjustments will be made only at such time as will be designated by the City of Tybee Island as being least detrimental to the operation of the City. 2.13 Liability Provisions: Where proposers are required to enter or go onto City of Tybee Island property to take measurements or gather other information in order to prepare the Proposal as requested by the City, the proposer will be liable for any injury, damage or loss occasioned by negligence of the proposer, his agent, or any person the proposer has designated to prepare the proposal and will indemnify and hold harmless City of Tybee Island from any liability arising there from. The contract document specifies the liability provisions required of the successful proposer in order to be awarded a contract with City of Tybee Island. 2.14 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee Island in whole or in part by written notice of default to the Contractor upon non- performance or violation of contract terms. An award may be made to the next higher ranked Proposer, for articles and/or services specified or they may be purchased on the open market. The defaulting Contractor (or his surety) will be liable to City of Tybee Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See the contract documents for complete requirements. 2.15 Certification of Independent Price Determination: By submission of this proposal, the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, that in connection with this procurement: a. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; b. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly to any other proposer or to any competitor; and c. No attempt has been made or will be made by the proposer to induce any other 305 person or firm to submit or not to submit a proposal for the purpose of restricting competition. 2.16 Qualification of Business (Responsible Proposer): the Scope of Work, specifications and plans define a responsible Proposer as one who meets, or by the date of the proposal acceptance can meet, certifications, all requirements for licensing, insurance, and registrations, or other documentation required. The City has the right to require any or all proposers to submit documentation of the ability to perform, provide, or carry out the service or provide the product requested. The City has the right to disqualify the proposal of any proposer as being unresponsive or un-responsible whenever such Proposer cannot document the ability to deliver the requested product or service. 2.17 Insurance Provisions, General: The selected proposer to whom the contract is awarded will be required to procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance must be included in the proposal. a. General Information that must appear on a Certificate of Insurance: i. Name of the Producer (proposer’s insurance Broker/Agent). ii. Companies affording coverage (there may be several). iii. Name and Address of the Insured (this is the Company or Parent of the firm the City is contracting with). iv. A Summary of all current insurance for the insured (includes effective dates of coverage). v. A brief description of the operations to be performed, the specific job to be performed, and contract number. vi. Certificate Holder (This must always include the City of Tybee Island). City of Tybee Island as an Additional Insured: The City of Tybee Island must be named as an Additional Insured. b. Minimum Limits of Insurance to be maintained for the duration of the contract: i. Commercial General Liability: Provides protection against bodily injury and property damage claims arising from operations of a Contractor. This policy coverage includes premises and operations, use of independ ent contractors, products/completed operations, personal injury, contractual, broad form property damage, and underground, explosion and collapse hazards. Minimum limits: $2,000,000 bodily injury and property damage per occurrence and annual aggregate. ii. Worker's Compensation and Employer’s Liability: Provides statutory protection against bodily injury, sickness or disease sustained by employees of the Contractor while performing within the scope of their duties. Employer’s Liability coverage is usually included in Worker’s Compensation policies, and insures common law claims of injured employees made in lieu of or in addition to a Worker’s Compensation claim. Minimum limits: $500,000 for each accident, disease policy limit, and disease each employee and Statutory Worker’s Compensation limit. iii. Business Automobile Liability: Coverage insures against liability claims 306 arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000 combined single limit per accident for bodily injury and property damage. Coverage must be written on an Any Auto basis. c. Special Requirements: i. Extended Reporting Periods: The Contractor must provide the City of Tybee Island with a notice of the election to initiate any Supplemental Extended Reporting Period and the reason(s) for invoking this option. ii. Reporting Provisions: Any failure to comply with reporting provisions of the policies will not affect coverage provided in relation to this request. iii. Cancellation: Each insurance policy that applies to this request must be endorsed to state that it will not be suspended, voided, or canceled, except after thirty (30) days prior to written notice by certified mail, return receipt requested, has been given to the City of Tybee Island. iv. Proof of Insurance: City of Tybee Island must be furnished with certificates of insurance and with original endorsements affecting coverage required by this request. The certificates and endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates of insurance are to be submitted prior to, and approved by, the City of Tybee Island before services are rendered. The Contractor must ensure Certificate of Insurance is updated for the entire term of the City of Tybee Island contract. v. Insurer Acceptability: Insurance is to be placed with an insurer having an A.M. Best’s rating of A and a five (5) year average financial rating of not less than V. If an insurer does not qualify for averaging on a five-year basis, the current total Best’s rating will be used to evaluate insurer acceptability. vi. Lapse in Coverage: A lapse in coverage will constitute grounds for contract termination by the City of Tybee Island Mayor and Council. vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured retention must be declared to, and approved by, the City of Tybee Island. At the option of the City of Tybee Island, either: the insurer will reduce or eliminate such deductibles or self-insured retention as related to the City of Tybee Island, its officials, officers, employees, and volunteers; or the Contractor will procure a bond guaranteeing payment of related suits, losses, claims, and related investigation, claim administration and defense expenses. 2.18 Compliance with Specification - Terms and Conditions: The RFP, Legal Advertisement, General Conditions and Instructions to Proposers, Specifications, Special Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal and by reference are made a part hereof. 2.19 Signed Proposal Considered Offer: The signed Proposal will be considered a binding offer on the part of the Proposer, which offer will be deemed accepted upon approval by the City of Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable. In case of a default on the part of the Proposer after such acceptance, the City of Tybee Island may take such action as it deems appropriate, including legal action, for damages or lack of required performance. 307 2.20 Notice to Proceed: The successful proposer must not commence work under this RFP until a written contract is awarded and a Notice to Proceed is issued by the Purchasing Agent or his designee, or as specified in the Special Conditions. If the successful Proposer does commence any work or deliver items prior to receiving official notification, he does so at his own risk. 2.21 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract may file a protest with the Purchasing Agent. The protest must be submitted no later than 48 hours prior to the date the award recommendation is scheduled to be approved by City Council. Recommendations to Council are usually posted on the preliminary agenda on the City's website on the Thursday prior to the Council meeting date. It is the proposer's responsibility to ascertain the City's recommendation for award.. Protests must be made in writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the subject line Protest: RFP #2019-740, and must include the following information: a. Name, address, email address, and telephone numbers of the protester; b. RFP number; c. Detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the protester; d. Copies of supporting documents, if any; e. Statement of relief requested; f. All information establishing that the protester is an interested party for the purpose of filing a protest on an award decision; g. All information establishing the timeliness of the protest. 2.22 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products delivered to the City will be specified in the contract document. a. Questions regarding payment may be directed to the Accounting Department at 912- 472-5024 or City of Tybee Island’s Project Manager as specified in the contract documents. b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of the products or completion of the work as more fully described in the contract document. c. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or person under contract with City of Tybee Island is required by Georgia law to pay State sales or use taxes for products purchased in Georgia or transported into Georgia and sold to City of Tybee Island by contract. Please consult the State of Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656 - 4065 for additional information. 2.23 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and complete discretion to waive technicalities and informalities. The Owner further reserves the right, and sole and complete discretion to reject all proposals, and any proposal that is not responsive or that is over the budget, as amended, or that fails to suit the needs of the City as determined by the Owner in its sole discretion. In judging whether the Proposer is responsible, the Owner will consider, but is not limited to consideration of, the following: 308 a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or otherwise excluded from contracting by any state or federal agency, department, or authority; b. Whether the Proposer or principals have been terminated for cause or are currently in default on a public works contract; c. Whether the Proposer can demonstrate a commitment to safety with regard to Workers' Compensation by having an experience Modification Rate (EMR) over the past three years not having exceeded an average of 1.2; and d. Whether the Proposer’s past work provides evidence of an ability to successfully complete public works projects within the established time, quality, or cost, or to comply with the Proposer’s contract obligations. 2.24 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership, joint venture, or any other entity regardless of the form of business organization, that is on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity. This includes pending litigation or claims with the City or other government entities. Contractor will immediately notify City of Tybee Island in the event any subcontractor is added to a Federal, State or other Government Entity listing after award of the subcontract. 2.25 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City employees, and elected officials regarding this product or service solicitation, Request for Proposal (RFP) or contract by any member of a proposer’s staff, or those people employed by any legal entity affiliated with an organization that is responding to the solicitation is strictly prohibited. Negative campaigning through the mass media about the current service delivery is strictly prohibited. Such actions will cause render your proposal invalid. 2.26 Georgia Open Records Act: The responses will become part of the City of Tybee Island’s official files without any obligation on the City of Tybee Island’s part. Ownership of all data, materials and documentation prepared for and submitted to City of Tybee Island in response to a solicitation, regardless of type, will belong exclusively to City of Tybee Island and will be considered a record prepared and maintained or received in the course of operations of a public office or agency and subject to publ ic inspection in accordance with the Georgia Open Records Act, Official Code of Georgia Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law. It is the responsibility of the Proposer to notify the City of any documents turned over which contain trade secrets or other confidential matters. A Proposer submitting records which the entity or person believes contains trade secrets that wishes to keep such records confidential pursuant to O.C.G.A. § 50-19-72(34) will submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia. Proposals will not be opened in public, and the information is exempt from disclosure, including the Open Records Act, until the RFP has been awarded, or all proposals have been rejected. 309 City of Tybee Island will not be held accountable if material from responses is obtained without the written consent of the proposer by parties other than the City of Tybee Island, at any time during the solicitation and evaluation process. 2.27 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret information to the City of Tybee Island, the information must be clearly labeled as a Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade secrets to the extent provided by law. 2.28 Contractor Records: The Georgia Open Records Act is applicable to the records of all contractors and subcontractors under contract with the City of Tybee Island. This applies to those specific contracts currently in effect and those that have been completed or closed for up three (3) years following completion. 2.29 Method of Compensation: The compensation provided for herein will include all claims by the contractor for all costs incurred by the contractor in the conduct of the Project as authorized by the approved Project Compensation Schedule and this amount will be paid to the contractor after receipt of the invoice and approval of the amount by the City of Tybee Island. The City will make payments to the contractor within thirty (30) days from the date of receipt of the contractor's acceptable statement on forms prepared by the contractor and approved by the City of Tybee Island. Should the Project begin within any one month, the first invoice will cover the partial period from the beginning date of the Project through the last day of the month (or on a mutually agreeable time) in which it began. The invoices will be submitted each month until the Project is completed. Invoices will be itemized to reflect actual expenses for each individual task; also refer to the requirements concerning changes, delays and termination of work pursuant to provisions of the contract. Each invoice will be accompanied by a summary progress report, which outlines the work accomplished during the billing period and any problems that may be inhibiting the Project execution. The terms of this contract are intended to supersede all provisions of the Georgia Prompt Pay Act. 2.30 Audits and Inspections: The contractor and his subcontractors will make available to the City of Tybee Island for examination of all its records with respect to all matters covered by this Contract. It will also permit the City of Tybee Island and/or representatives of the Finance Department to audit, inspect, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Contract. All documents to be audited will be available for inspection between 8am and 5pm in the main offices of the City of Tybee Island or during normal business hours at the offices of the Contractor, as requested by the City of Tybee Island. 3 EVALUATION CRITERIA This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Team in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not based on what is inferred. After thoroughly reading and reviewing this RFP, each t eam member shall conduct his or her independent evaluation of the proposals received, and grade the responses on their merit in 310 accordance with the evaluation criteria set forth in the following table. Criteria Possible Points Demonstration of experience with FEMA grant administration 35 Demonstration of experience with general grant administration 25 Quality of, and Response from, References 20 Cost of Services 15 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package? 5 311 ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package, and is familiar with all aspects of the RFP and understands fully all that is required of the successful Proposer. The Proposer further certifies that his/her Proposal will not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer agrees, if awarded this Contract, he/she will: A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all services and/or items indicated thereon as specified in this RFP for the proposal amount; or, B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to provide the service and/or accomplish the work as stated and/or specified in this RFP for the proposal amount, and; ____________ NAME TITLE _____ ______ ______ COMPANY NAME ______ ______ ADDRESS CITY/STATE/ZIP ______ ______ EMAIL TELEPHONE ______ ______ SIGNATURE DATE MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE certification and development. In order to accurately document participation, businesses submitting bids, quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a business that is at least 51% owned and managed by minority or women. A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or utilize sub-consultants must submit a report of Minority/Women Business Enterprise participation to Melissa Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328. African-American\Black_____ Asian American_____ Hispanic_____ Native American_____ Alaskan Indian_____ Female_____ 312 ATTACHMENT B CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1) By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____ (city), ______ (state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__. _________________________________ NOTARY PUBLIC My Commission Expires: 313 ATTACHMENT C O.C.G.A. § 50-36-1(e)(2) Affidavit By executing this affidavit under oath, as an applicant for a(n) ____________________ contract for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND, Georgia, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) _________ I am a United States citizen. 2) _________ I am a legal permanent resident of the United States. 3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is:____________________. The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _____________________________________________________________________. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit will be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in ___________________ (city), __________________(state). _________________________________ Signature of Applicant _________________________________ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: 314 ATTACHMENT D CITY OF TYBEE ISLAND VENDOR INFORMATION Vendor Name: ________________________________________________________________________ Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 315 ATTACHMENT E PROPOSAL FORM GRANT ADMINISTRATOR RFP# 2019-740 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost below. TOTAL: ______________ __________________________ (Firm) __________________________ (Signature) __________________________ (Title) 316 ATTACHMENT E CHECKLIST FOR SUBMITTING PROPOSAL Sign below and submit this sheet with your proposal NOTE: All of the following items must be submitted with your proposal to be considered “responsive”. Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS _____ (3) REFERENCES AS REQUESTED IN SUBMISSION INSTRUCTIONS _____ W-9 _____ OCCUPATIONAL TAX CERTIFICATE _____ COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL: A. SIGNATURE SHEET _____ B. CONTRACTOR AFFIDAVIT _____ C. SAVE AFFIDAVIT _____ D. VENDOR INFORMATION _____ E. PROPOSAL SHEET _____ F. CHECKLIST _____ ____________________________________________ NAME/TITLE __________________________________________ COMPANY NAME __________________________________________ SIGNATURE 317 P.O. Box 12293, Tallahassee, FL, 32317 Phone: (386) 530-0095 E-mail: info@fcmccolm.com Web: www.fcmccolm.com PROPOSAL City of Tybee Island RESPONSE TO REQUEST FOR PROPOSAL RFP #2019-740 Prepared for: The City of Tybee Island Proposal due: 9/24/2019 Proposal valid through: 11/24/2019 318 THANK YOU YOUR TRUST MATTERS TO US Trust is about more than just experience. It’s about a relationship. We bring more than outstanding expertise to our clients...our team is always on-call, on-budget and on-point for every project. We founded FCMC because there was a need for a higher level of service in the delivery of resilience. We are honored by the trust of our clients and take it seriously. Every single member of our team is committed to providing an exceptional client experience, whether you are planning for disaster prevention or recovering from it. Our team recognizes that results are paramount and why our clients engage us. Frank C. McColm, AICP, CFM Founder, President 2 www.fcmccolm.com 319 WE CARE ABOUT COMMUNITIES COMPANY FCMC is a Limited Liability Company incorporated in the State of Florida. Headquartered in Tallahassee, the firm brings unique insight and strategies to deliver results and add value to our clientele in Florida and around the nation. Specializing in disaster and non-disaster grant programs, floodplain management, mitigation planning, and grants administration, the team coordinates project development and implementation among local, state, and federal participants. Whether the engagement involves the adoption of a comprehensive plan or the completion of a grant-funded project, our team works hand-in-hand with our clients to achieve success. As an agile team with demonstrated practical experience across all phases of the FEMA project lifecycle, FCMC is prepared to perform all contractual services and associated work from application to closeout. EXPERIENCE FCMC staff’s combined grants management and planning experience spans across the many sectors of disaster risk management and mitigation, ranging from federal grant program administration to emergency management and planning services. The team is well-positioned to provide the City of Tybee Island (“the City”) with exemplary service in the management, administration, and monitoring of the awarded Hazard Mitigation Assistance (HMA) contract within the established timeframe. Our team’s extensive portfolio and experience in managing federal non-disaster and disaster grant programs allows us to maximize the impact and return on investment for mitigation projects. Our collective experience covers a broad range of FEMA and other federal grant programs, such as: •Hazard Mitigation Grant Program (HMGP) •Flood Mitigation Assistance (FMA) •Pre-Disaster Mitigation (PDM) •National Flood Insurance Program (NFIP) and Community Rating System (CRS) •Disaster Recovery Coordination under the National Disaster Recovery Framework (NDRF) •Public Assistance (PA) •U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant - Disaster Recovery (CDBG-DR) www.fcmccolm.com 320 PROJECT TEAM FCMC will bring the necessary expertise to exceed client expectations and ensure successful outcomes consistent with the City’s objectives. Resumes presented herein provide an overview of staff that will be engaged to support the project. Project staff will operate from their respective offices in Atlanta, Tallahassee, and Orlando, with on- site support and site visits to Tybee Island as needed. The Project Manager, as the designated point of contact, will track project progress and ensure that each home elevation is completed according to the contractual scope, schedule, and budget while providing team direction and strategic guidance. The Deputy Project Manager will be actively involved with account management, quality assurance, and overall project performance with a priority on grant program compliance. The Principal and Technical Support staff will contribute technical and subject matter expertise and programmatic support as needed. Collectively, the project team will work diligently to ensure that the project implementation and closeout process is streamlined for homeowners and effortless for the City. www.fcmccolm.com Team Overview 321 PROJECT TEAM FRANK C. MCCOLM – Principal  Tallahassee, Florida  Frank is an all-hazards mitigation and recovery leader, recognized for his ability to inspire divergent groups to meet a common goal. A persuasive communicator, he is naturally collaborative and driven by challenges. Shortly after founding FCMC, he was tasked with leading recovery efforts serving as the State Disaster Recovery Coordinator Representative for the State of Florida after Hurricane Irma. Today, Frank is a leader in disaster recovery, hazard mitigation, project management, grants administration, floodplain management, and resiliency program administration. Prior to founding FCMC, Frank served in leadership positions for an international engineering firm in their disaster recovery division. There, he was responsible for staffing and delivering resiliency planning and program implementation projects for clients nationwide. He has also worked directly for the Florida Division of Emergency Management, as well as other state-level departments. Further, Frank has audit experience having previously worked for a state Office of Inspector General. Frank has demonstrated experience leading local governments and not-for- profit organizations through complex Hazard Mitigation Assistance (HMA) projects. This experience encompasses life-cycle support of the PA program from the Request for Public Assistance and eligibility determinations through project closeout. His expertise and background in Section 404 of the Stafford Act pertaining to hazard mitigation activities has added value to applicants through maximizing this funding source to build communities and infrastructure back stronger post-disaster. NATALIA SANABRIA – Project Manager  Orlando, Florida  Natalia is a project manager and professional engineer with over 10 years of engineering experience, including construction, planning, permitting, supervision, and research. Natalia is known for her dedication and strong commitment to producing high quality project work. Over the course of her career working for local and federal government as well as the private sector, she has gained invaluable experience in construction management and engineering, FEMA grant programs and regulatory requirements, and permitting and land use application. www.fcmccolm.com 322 Before joining the team, Natalia served as a Floodplain Management Specialist at FEMA where she provided technical assistance to partners on floodplain management and the National Flood Insurance Program (NFIP). In this capacity, she also had the unique role of assisting FEMA’s Regional and Joint Field Office leadership in the development and implementation of a Pilot Program geared toward providing better support to local communities, among other responsibilities. Within her work at FCMC, Natalia has been an integral part of the engineering review team, supporting the Florida Division of Emergency Management in performing technical feasibility and benefit cost analysis reviews for FEMA Hazard Mitigation Grant Program (HMGP) and Flood Mitigation Assistance (FMA) applications. Additionally, in her role as a project manager for local hazard mitigation projects – including flood risk reduction and residential elevations – she has successfully helped clients and homeowners navigate the FEMA grant process during the post-award implementation phase. SARAH KELTY – Deputy Project Manager  Atlanta, Georgia  With over a decade of experience in grant writing, program development, community engagement, and outcome management, Sarah brings a high level of expertise to the FCMC team. As a Project Manager with FCMC, she works closely with federal, state and local government, and non-profit clients to manage federal and state grant funded projects. This includes managing timelines, budgets, reporting and close-outs. Her work in the emergency management, hazard mitigation, disaster recovery, environmental planning, and grants management fields is a valued asset to the FCMC team. She holds a Master of Science in Planning from Florida State University. Sarah is trained and experienced in navigating state and federal emergency management grants systems both on behalf of clients submitting grants, as well as state and federal agencies reviewing grant proposals. Her applied knowledge of the relationships between federal grant programs has been an asset in leveraging funds to keep client project outlays to a minimum. Sarah is equipped with significant technical knowledge and experience in FEMA’s Hazard Mitigation Assistance (HMA) programs, including the Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA), and Pre-Disaster Mitigation (PDM) programs. Her advanced knowledge of the National Flood Insurance Program (NFIP), Community Rating System (CRS), the National Disaster Recovery Framework (NDRF), and Interagency Recovery Coordination (IRC) functions adds further value to the mitigation and resilience projects she manages and supports. www.fcmccolm.com 323 PAOLA SULLIVAN – Technical Support  Orlando, Florida  Paola Sullivan joined FCMC as a project manager for the Florida Division of Emergency Management’s FEMA HMGP application technical review project. She assists the Florida Division of Emergency Management – Bureau of Mitigation with application revisions, scope of work development, benefit cost analyses, project feasibility, and assisting potential applicants to ensure the compliance and execution of the projects that will help communities achieve their mitigation goals. Paola received her bachelor’s degree in Architecture in 2001 from St. Bonaventura University in Cali, Colombia. For the past 16 years, Paola has built her architectural background working in the private sector, specializing in residential, commercial, and educational facility architecture. Prior to joining FCMC, Paola worked as a Hazard Mitigation Specialist with FEMA, gaining knowledge and experience in benefit cost analysis and hazard mitigation proposals to protect and avoid losses and help build resilient communities. www.fcmccolm.com 324 FRANK C. M C COLM AICP, CFM FCMC Tallahassee, FL 32317 t: 386.530.0095 e: frank@fcmccolm.com w: www.fcmccolm.com DETAILED EXPERIENCE FCMC All-hazards mitigation and recovery leader, recognized for ability to inspire divergent groups to meet a common goal. A persuasive communicator, naturally collaborative and driven by challenges. Shortly after founding FCMC, he was tasked with leading the recovery efforts for Hurricane Irma. FCMC was subsequently awarded numerous projects, based on the company’s handling of that natural disaster. Provides leadership in hazard mitigation, project management, grants administration, floodplain management and resiliency planning program administration. Tallahassee, FL Founder and CEO Senior Management Consultant Manager within nationwide Urban and Coastal Resiliency Group. Certified Project Manager responsible for staffing and delivering over $2M annually in resiliency planning and program implementation projects for various clients nationwide. Designed and facilitated tabletop and functional exercises for clients. Participated in various roles with Joint Field Offices following Presidential Disaster Declarations. Advised clients on FEMA program compliance and designs successful implementation strategies. Performed large-scale community resiliency plans. Auditor Performed departmental level compliance and operational audits for FDEP agency programs. Coordinated with state and federal agencies to resolve findings and deliver program efficiency. Special Projects Manager Worked with Bureau of Mitigation senior management team to design and deliver special projects throughout Florida. Coordinated effectively with subrecipients and stakeholders to ensure high performance and effectiveness with project delivery. Served as Plans Section Chief for the Forward State Emergency Response Team during Deepwater Horizon Spill. Reviewed and approved local mitigation strategy plans and portions of County Emergency Management Plans. Served as grant manager on various FEMA and state-funded mitigation projects. Responsibilities included contract management, payment processing, project monitoring, project close-out and coordination of audit activities, as well as programmatic and financial compliance with state and Federal regulations. Staff Assistant Tracked and conducted written legislative bill analyses for senior management. Coordinated with stakeholders to gather and process relevant information necessary for assessing the merits of proposed legislation for senior leadership consideration. ARCADIS US, Inc. Florida Department of Environmental Protection Florida Division of Emergency Management Florida Governor’s Office of Policy & Budget Planner II Reviewed comprehensive plan amendments for consistency with state law and provided objections, recommendations and comments to local government plan amendments. Prepared memorandums and general office administrative tasks. Florida Department of Community Affairs 325 Florida CRS-CAV Pilot Program Master of Science Urban and Regional Planning and Development Florida State University AT-A -GLANCE EDUCATION Bachelor of Science Interdisciplinary Social Science Florida State University EXAMPLE ACHIEVEMENTS Certified Floodplain Manager American Institute of Certified Planners Certified Project Manager Graduate Certificate in Real Estate Development, Florida State University LICENSES & CERTIFICATIONS National Incident Management Systems (NIMS): 700(a), 800(b) Incident Command System (ICS): IS-100, IS-200, G-400 Unified Hazard Mitigation Assistance (HMA): L212, L213, L214 Six-Sigma Florida Division of Emergency Management, Management Academy PROFESSIONAL TRAINING Association of State Floodplain Managers American Planning Association PROFESSIONAL ORGANIZATIONS Presenter/Co-Author, “Economic Analysis of Mitigation Funding in Florida” Florida Floodplain Managers Association 2012 Annual Conference Presenter, “Evaluating the Effectiveness of Mitigation: Economic Impact Analysis”, FEMA Region IV 2011 Partner in Mitigation Workshop EXAMPLE PRESENTATIONS McColm, Frank. Exploring the Integration of Smart Growth and Green Building Principles into Hazard Mitigation. American Bar Association, Smart Growth and Green Buildings Committee Newsletter. Volume 6, No. 2. August 2013. PUBLICATIONS Project Manager for the Florida State Floodplain Management Office with a FEMA headquarters- approved pilot program to increase flood resiliency throughout Florida. Managed a team of up to 15 staff to conduct floodplain management meetings with over 100 Florida communities to assess compliance, encourage flood resilience and increase participation in the Community Rating System. Pensacola Bay Basin Report Led a team of Arcadis professionals to analyze over 30 planning documents and develop a unified and efficient strategy to reduce flood risk and prepare the community for future flood impacts. Executive leadership touted this document as a driver in the success of working with stakeholders to communicate risk and preparedness for future flood events. Florida Division of Emergency Management’s Bureau of Mitigation Business Plan Development – Tallahassee, Florida Served as the lead for updating the Bureau of Mitigation’s business plan. Coordinated management staff to identify, develop and measure goals. Performance metrics and intended outcomes achieved statewide hazard mitigation program goals. The finalized business plan and Bureau performance was approved by executive leadership within the agency and seen as a model for other program areas. Florida Division of Emergency Management Disaster Declaration Outreach Material Development – Tallahassee, Florida Supported statewide Hazard Mitigation Grant Program delivery through updating an application desk reference for Tropical Storm Debby. This desk reference provided guidance and information to applicants on statewide policies and procedures as well as information relating to Federal regulation compliance. Planned and supported outreach activities for jurisdictions throughout the state and provided consultation program and project management strategies and systems. Florida Division of Emergency Management’s Bureau of Mitigation Economic Impact Analysis – Tallahassee, Florida Collected and analyzed data on mitigation projects funded between 2004 and 2011 and assessed their impact on Florida’s economy in terms of employment. Special Applications Reviewer for Confidential Clients throughout the Northeastern United States Served in quality assurance reviewer role for large grant-funded project applications prior to submittal to state and federal funding authorities following Hurricane Sandy. These reviews were completed to ensure regulatory and programmatic compliance as well as to incorporate best management practices. Sandy Recovery Improvement Act (SRIA): Programs Administered by the States (PAS) and Advance Assistance Implementation Planned and facilitated the implementation of the Programs Administered by the States and Advance Assistance opportunities made available through SRIA. Contributions included drafting the initial application and follow-up correspondence, creating scopes of work, research and analysis. Participated in negotiations for operating agreement. Authored briefing document that was presented at the National Emergency Management Association’s annual meeting explaining the PAS application and approval process. VOLUNTEERING BOARD OF DIRECTORS, Member (former) Big Bend Habitat for Humanity CONSTRUCTION COMMITTEE CHAIRPERSON (former) Big Bend Habitat for Humanity 326 Natalia M. Sanabria Andino, P.E., MSCE, CFM FCMC, LLC Tallahassee, FL e: natalia@fcmccolm.com w: www.fcmccolm.com Master of Science in Civil Engineering - Construction Management (2015) University of New Mexico Bachelor of Science In Engineering (2006) Spanish; Minor in Sustainable Studies University of Puerto Rico - Mayaguez FCMC | Tallahassee, FL Project Manager As a Project Specialist at FCMC, Natalia: •Exercises expert knowledge of FEMA's Hazard Mitigation Assistance (HMA) programs and technical grant requirements. •Provides expert technical assistance to the Florida Division of Emergency Management In the engineering reviews and cost effectiveness analyses of state-wide applications for the FEMA Hazard Mitigation Grant Program. •Supports client projects in floodplain management, hazard mitigation, planning, and grants management. •Prepares technical reports and associated documentation. AT-A -GLANCE EDUCATION LANGUAGES QUALIFICATIONS •Over 10 years of experience in various fields of civil engineering, including construction, planning, permitting, supervision, and research. •Through graduate studies, further developed decision-making and risk management skills in order to optimize project decisions and outcomes. •Advanced technical skills in and application of GIS, AutoCAD, Primavera, Adobe, and Microsoft Office. •Certified Floodplain Manager (CFM), Association of State Floodplain Managers (ASFPM). Problem solving Technical reading/writing Statistical analysis public speaking Self-starter Organized Team-oriented TECHNICAL SKILLS Fully bilingual (oral/written): English and Spanish ArcGIS BIM AutoCAD Primavera Microsoft Office Adobe Windows SAS Matlab, Palisade @ Risk FEMA SDE Tool HAZUS F ederal Emergency Management Agency (FEMA) Orlando, FL Floodplain Management Specialist •Assisted in the development of guidance for a new pilot program; •Gathered, reviewed, and organized disaster-related information for analysis and decision-making; •Provided technical assistance to internal and external partners on floodplain management and the NFIP program; prepared technical reports and associated documentation. •Analyzed program-related data that impacts floodplain management objectives to make recommendations and identify problems; •Communicated Hazard Mitigation program information and provided recommendations to advance floodplain management concepts; and •Worked with city/county councils, building officials, and floodplain managers in coordination with the State. CORE STRENGTHS DETAILED EXPERIENCE 327 •2016 - 17 Eisenhower (TRB) Minority Student Fellowship. •2014 Outstanding Graduate Student of the Year- UNM, Department of Civil Engineer. •Professional College of Engineer and Land Surveyors of Puerto Rico (CIAPR). •American Society of Civil Engineers (ASCE)- Concrete Canoe Team Member (2006). •Society of Hispanic Professionals Engineering (SHPE)- UNM Support Team Leader (2012). University of New Mexico, Civil Engineering Department Albuquerque, NM Research Assistant •Investigated the coupling of existing software for estimating the primary and secondary impacts of natural hazards; •Identified the inter-relationship between stakeholders and critical infrastructure by conducting surveys and interviews; •Developed a holistic cost-benefit framework for decision makers implementing structural and non-structural flood mitigation activities; developed a research framework for incorporating decision making criteria and stakeholder’s opinions; •Prepared and deployed stakeholder surveys and conducted data analysis; •Disseminated research by presenting at conferences, scientific symposium and professional society meetings; and •Participated in outreach activities in order to promote STEM disciplines for K-12, technical colleges and university students. Pavilion Construction Albuquerque, NM Project Engineer Intern •Contract Administration: Tracking and compliance of contractor and subcontractors required documentation; •Submittals: Requesting and submission based on plans and specifications, logging and distribution to and from subcontractors and architect; and •Project Administration: Maintaining RFIs and Submittals; Document Control of projects including plans, specs and project files, and punch lists. Permits Management Office of Puerto Rico Juncos, PR Land Use and Occupancy Permit Manager •Established protocols, procedures and public policy for the Occupancy and Land Use Permit Divisions; •Supervised four regional office managers and 4- 10 permit specialists in the Central Office; •Reviewed permit applications for compliance with applicable laws and regulations, such as building codes, local ordinances and NFIP regulations; and •Conducted seminars for personnel and different Professional Organizations. Department of Urbanism of San Juan, Puerto Rico Puerto Nuevo, PR Project Supervisor •Consulted with architects and engineers in order to achieve the owner's demands within budget and schedule; •Prepared documents for bidding and contract administration; •Prepare contract requirements for inspection, design and construction; •Verified and processed contractor’s certifications for payment; •Supervised general contractors; •Negotiated and prepared change orders; and •Obtained all required building or zoning permits. •E0276: Benefit-Cost Analysis: Entry-Level, FEMA 2018 •Earthwork Fundamentals, SLS Tech, 2018 •Site Grading for Construction Projects, SLS Tech, 2018 •Project Delivery Systems, UNM, 2013 •Bldg. Info. Modeling (BIM), UNM, 2013 •Dec. Making Civ. Infrastructure, UNM, 2013 •Sustainable Engineering, UNM, 2013 •Project Controls, UNM, 2012 •Introduction to AutoCAD, SLS Tech, 2009 RELEVANT TRAINING/COURSEWORK HONORS & AWARDS 328 HONORS & AWARDS FCMC Tallahassee, FL Project Manager As a Project Manager at FCMC, Sarah: •Guides and directs the successful Initiation, planning, execution, monitoring, and closing of client projects. •Employs expert knowledge of FEMA's Hazard Mitigation Assistance (HMA) programs, including the Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA), and Pre-Disaster Mitigation (PDM) programs. •Maintains advanced working knowledge of additional FEMA programs, such as the NFIP Community Rating System (CRS), Public Assistance grant program, National Disaster Recovery Framework (NDRF), and Integrated Recovery Coordination (IRC) function. •Has managed FCMC team support to the Florida Division Emergency Management in the intake and review of state-wide applications for two federally declared disasters under the FEMA Hazard Mitigation Grant Program. •Supports client projects in recovery and reconstruction, floodplain management, hazard mitigation, planning, and grants management. •Prepares technical reports, grant applications, and associated documentation. •Works directly with federal, state, local government and non-profit clients and stakeholders to manage federal and state grant funded projects including timelines, budgets, reporting, and close-out. EDUCATION Master of Science in Planning (2018) Specialization: Environmental Planning Florida State University Bachelor of the Arts (2012) Spanish; Minor in Sustainable Studies Murray State University, Murray, KY TECHNICAL SKILLS Project-Based Floodplain Management/Analysis Geo-Spatial Analysis Grant Writing Land Use, Zoning, and Planning Soil Survey Analysis Software/Programs Adobe Suite ArcGIS FEMA BCA Toolkit 5.3.1 SketchUp Web Design LANGUAGES English Spanish (Qualified Interpreter) •Professional and Masters-level experience in environmental, hazard mitigation, disaster recovery, and emergency management planning. •Tested comprehension and application of FEMA programs including the Public Assistance grant program, Hazard Mitigation Assistance (HMA) programs, National Flood Insurance Program (NFIP) and Community Rating System, and non-disaster programs. •Ten years' professional experience in grant writing, program development, budgeting, community engagement, outcome monitoring, and evaluation. •Tenured experience working with public and nonprofit clients in the application, review, and administration of grant programs, governance, and operations at multiple governmental scales. •Experience in providing and supporting public outreach and consensus-building efforts. •Certified Floodplain Manager (CFM), Association of State Floodplain Managers (ASFPM). •Tallahassee Mayoral Fellow, City of Tallahassee (2017-2018). •Regional Scholarship and Women in Green Power Scholarship recipient, Greenbuild International, USGBC (2017). •Tallahassee New Public Servant Institute (NPSI) graduate (2017). •Florida Planning & Zoning Association (FPZA) Outstanding Student Award (2017). •Florida State University Department of Urban and Regional Planning Community Service Award (2018). •Next Generation Nonprofit Leaders Program, Kellogg Foundation (2012). •Murray State University Honors Program Diploma (2012) and Dean’s List (2007-2012). •Who’s Who Among Students in American Universities and Colleges (2011). •Young Representative at the 2009 United Nations Climate Change Conference (COP15) in Copenhagen, Denmark. AT - A - GLANCE QUALIFICATIONS FCMC, LLC Tallahassee, FL t: 850.702.6845 e: sarah@fcmccolm.com w: www.fcmccolm.com Sarah J. Kelty, CFM 329 Paola A. Sullivan FCMC, LLC Tallahassee, FL e: natalia@fcmccolm.com w: www.fcmccolm.com Universidad de San Buenaventura (2001) Bachelor’s degree in architecture EESA-NCARB accredited degree Seminole State College Advanced Coursework: 2008: Revit Architecture 2011: Advanced Revit Architecture FCMC | Tallahassee, FL Project Manager As a Project Manager at FCMC, Paola: •Reviews disaster and non-disaster grant applications to ensure proposed projects comply with federal, state, and local policies. •Performs technical reviews of grant applications to verify that project applications include a complete scope of work, detailed budget, and valid documentation to support a benefit cost analysis. •Conducts benefit cost analyses (BCAs) of various mitigation project categories, including wind retrofit, property elevation, acquisition and demolition, generator Installation, and mitigation reconstruction projects, among others. •Creates engineering recommendation reports, outlining proposed project objectives, scope of work, and benefit cost summary. •Conducts BCA training for team members and prepares training material and guidelines. •Manages team activities and ensures compliance with standard operating procedures. AT-A -GLANCE EDUCATION QUALIFICATIONS •16 years of professional architecture experience, specializing in residential, commercial, and educational facility architecture. •Expert-level knowledge of FEMA Hazard Mitigation Assistance (HMA) grant programs, gained through direct, applied practice under Federal (FEMA) and State (FDEM) grant programs. •Demonstrated ability in conducting benefit cost analyses, utilizing FEMA methodology. •A decade of professional background in project management and business development in the public and private sector. •Highly organized •Enthusiastic •Able to prioritize effectively to accomplish multiple tasks and complete projects under pressure. •Strong interpersonal skills •Contributes to a team environment PLANNING/TECHNICAL SKILLS •BCA Toolkit 5.3.0 and 6.0 •FEMA Grants Manager •AUTOCAD •Revit Architecture •Microsoft Office •Adobe •G Suite FEMA 4337DR Branch III | Orlando, FL 406 Hazard Mitigation Architect Specialist •Conducted Benefit Cost Analysis (BCA) to determine project cost effectiveness. Prepared Hazard Mitigation Proposals (HMP) in accordance with FEMA PA Program and Policy Guide. •Performed site inspections to identify cause of damages and possible hazard mitigation opportunities in compliance with current codes and standards. •Completed site inspection reports assessing damages and recommending mitigation projects. Provided data integration and hazard mitigation administrative tasks in Grants Manager. •Maintained active communication and excellent relationships with applicants, PA project managers, PA site inspectors, and contractors. Freelance Architect | Orlando, FL Project Designer •Conducted meetings with clients and consultants to stablish goals and design concepts. Designed residential additions and renovations for clients. •Developed Construction Documents for permitting. CORE STRENGTHS DETAILED EXPERIENCE 330 Baker Barrios Architects | Orlando, FL Project Coordinator •Prepared and coordinated Schematics, Design Development and Construction Documents for permitting. •Assisted Project Manager in Construction Administration process reviewing submittals and answering RFI's. •Researched materials and products to determine appropriate selection for project. Responsible for preparing and editing Project Narratives. •Participated in Florida Building Code research and compliance. •Provided support as needed from the initial programming stages of a project (Medical Office Building, Health and Sciences College Mixed-Use High-Rise, Assisted living Facility, Orlando Events Center) all the way through to Construction Administration. Pavlik Design Team | Fort Lauderdale, FL Entry Level Design Architect •As part of a team, participated in designing Commercial and Automotive Facilities. •Produced full set of Architectural and Interior Construction Documents, including coordination with MEP, Civil, Landscape and Structural consultants. •Assisted Project Manager in Building Analysis and Florida Building Code research. Tseng Consulting Group, Inc. | North Miami Beach, FL Intern Architect •Worked with a team of Architects and Engineers developing Multi-family Housing and Commercial projects. •Prepared Architectural Construction Documents for permitting. •Assisted supervisor in addressing comments and inquiries from Building Department during permitting. •American Institute of Architects •Colombian Institute of Architects •National Council of Architectural Registration Boards (NCARB) •Benefit Cost Analysis Fundamental (IS-00276.a) •Benefit Cost Analysis: Entry Level (E0276) •406 Hazard Mitigation Workshop •Hurricane Mitigation Basics for Mitigation Staff (IS- 00321) FEMA TRAINING/CERTIFICATIONS MEMBERSHIPS 331 PROJECT APPROACH For mitigation project management, our guiding philosophy is that the successful implementation of a mitigation project buys down risk for a community. To support the timely implementation of mitigation projects, we adhere to a process that verifies eligibility, measures progress, and maintains accountability in achieving deliverables. The project team is prepared to provide all services necessary to support the City of Tybee Island throughout the HMA grant administrative lifecycle. The team will start by discerning the desired outcomes and needs as identified by the City and further define project parameters, communication, and client expectations. Staff will connect with homeowners via public meetings and direct communication and will provide support and guidance in review of procurement documentation and permits. Staff will work with homeowners to ensure that they stay within the allowable project budget and contractual scope of work. To accomplish this, the team will use a tracking and record-keeping system to monitor project progress, payments, and other data collected. Throughout the project lifecycle, staff will provide regular project updates to the designated client point of contact as well as quarterly reports as required by the Georgia Emergency Management and Homeland Security Agency (GEMA). After the completion of work, staff will verify that all reported costs were incurred in the performance of approved and eligible work and that the final project complies with all grant requirements and applicable local, state, and federal regulations. The team will also help coordinate the GEMA final inspection and closeout process. Our team works hard to keep grant dollars in the communities that received them. We understand the need to properly manage a project from awardal to closeout to avoid de-obligations of funding that could jeopardize successful project completion. 332 CAPACITY + ABILITY TO PERFORM Our team is fully equipped to provide lifecycle grants management services for the twelve structures included in the Hazard Mitigation Assistance (HMA) grant. Selected staff members are prepared to perform all associated tasks and ready to deploy within 14 calendar days of notification of award and/or designated timeframe required after notice to proceed. The equipment, vehicles, and technology that will be utilized for the services for the City include FCMC laptop computers, personal or rental vehicles, the corporate IT platform, and software/computer-based programs as needed. We do not anticipate any additional assistance or support pertaining to equipment and technology; our current staffing resources will be sufficient in accomplishing the work. CLIENT RELATIONS + COMMUNICATION Throughout every engagement, we are committed to performing both on time and within budget with a team that is always on-call to meet the client’s needs. Our goal is to exceed expectations, and we work hard to earn and maintain the trust of our clients through every stage of the process. To this end, we have developed strategic customer relations processes and project management tools through our existing corporate IT platform to foster an internal customer-centric business culture internally and identify opportunities for continual improvement. Ultimately, we recognize that each engagement of the firm is an opportunity to build not just a successful plan or project, but a relationship that endures. 333 REFERENCES FCMC’s commitment to client success has resulted in a majority of projects coming from repeat customers and peer reference. The relationships we have built over time demonstrate our pledge to provide the most responsive and professional services possible. PROJECT REFERENCES ST PETERSBURG, FL | HAZARD MITIGATION ASSISTANCE PROGRAM, RESIDENTIAL ELEVATION PROJECTS | 2017-2018 | <$1 Million The City of St Petersburg, FL was awarded a Flood Mitigation Assistance (FMA) grant to elevate flood-damaged residential properties located in high flood risk areas. FCMC was contracted by the City to manage the FMA grant throughout the project’s lifecycle. FCMC has been engaged in direct support to individual homeowners and the City in the immediate post-award grant phase, and will continue to assist with state and local contracting; project documentation for grant compliance and quarterly reporting; payment and reimbursement request reviews; and state final inspections and grant closeout. City of St. Petersburg | Client Project Point of Contact: Shrimatee Ojah-Maharaj, Grants/Contracts Officer City of St. Petersburg (727) 892-5180 | shrimatee.ojah-maharaj@stpete.org 334 REFERENCES BAY COUNTY, FL | FLOOD MITIGATION ASSISTANCE ACQUISITION & DEMOLITION PROJECTS | 2017 – PRESENT | <$1 Million Bay County, FL was awarded a Flood Mitigation Assistance (FMA) grant to acquire and demolish repetitively flood-damaged residential properties and convert them to open space. FCMC was contracted to manage the FMA grant throughout the project’s lifecycle. FCMC has provided ongoing guidance to both the individual homeowners and the County in the immediate post-award grant phase, including project documentation for grant compliance and quarterly reporting; supporting the bidding and procurement for appraisal, demolition, clearing, and debris removal services; real estate closings; and state final inspections and grant closeout. Bay County | Client Project Point of Contact: Natasha Lithway, PE Bay County Public Works Engineering (850) 248-8301 | nlithway@baycountyfl.gov CITY OF KEY WEST, FLORIDA | FLOOD MITIGATION ASSISTANCE MITIGATION RECONSTRUCTION PROJECTS | 2017 | $1 Million - $5 Million FCMC was contracted by The City of Key West to develop hazard mitigation grant applications for residential flood mitigation. Nearly 80 percent of Key West is located in the Special Flood Hazard Area (SFHA) and is extremely vulnerable to coastal flooding. Hazard mitigation proposals included reconstructing the structures to elevate them out of the flood risk zone and reduce risk of property damage and health hazards. FCMC provided guidance to homeowners and the city during the application development and submittal process and assistance in scope of work development, benefit-cost analysis, cost estimate review and support, and environmental and historic preservation compliance documentation, among others. Key West | Client Project Point of Contact: Scott Fraser, FEMA Coordinator/Floodplain Administrator (305)923-4964 | sfraser@cityofkeywest-fl.gov 335 REFERENCES CITY OF LAUREL, MD | HAZARD MITIGATION PLAN AND GRANT SUPPORT | 2017-2018 | <$1 Million FCMC has worked with the City of Laurel, Massachusetts toward the successful application and awardal of multiple Federal and Maryland State mitigation and support grants. FCMC also provided expertise and guidance needed to develop a comprehensive Hazard Mitigation Plan for the City. Additionally, FCMC has assisted the City with creating a regional hazard mitigation partnership group consisting of over thirty (30) individuals representing local, County, State, Federal and private sector agencies to focus on large scale regional hazard mitigation risk reduction projects, City of Laurel | Client Project Point of Contact: Stephen E. Allen, Sr., Emergency Manager City of Laurel, City Administrator’s Office Office: 301-725-5300 x 2244 | Cell: 202-430-7865 sallen@laurel.md.us FLORIDA DIVISION OF EMERGENCY MANAGEMENT | HAZARD MITIGATION GRANT PROGRAM | 2018 – PRESENT | >$500 Million Following Hurricane Irma, the Florida Division of Emergency Management (FDEM) contracted FCMC to support division project managers in the intake and review of the more than 700 applications received for the Hazard Mitigation Grant Program. As part of this project, FCMC staff have been engaged in performing programmatic/application sufficiency reviews, verifying adherence to FEMA grant eligibility requirements, and preparing requests for information (RFIs) to gather any missing project elements from applicants. FCMC also provides support to the FDEM Technical Unit in the engineering/technical reviews of HMGP applications. This includes a comprehensive assessment of the technical feasibility of the project scope of work, eligibility of the project budget per FEMA cost requirements, and overall cost effectiveness of the project. As a part of this process, trained FCMC staff conduct benefit cost analyses using the FEMA BCA Toolkit. Among other mitigation support services to FDEM, FCMC also performs final site inspections for the HMA grant closeout process, including conducting site visits to ensure adherence to the original scope of work and compliance with all applicable State and Federal requirements. FL Division of Emergency Management | Client Project Point of Contact: Miles Anderson, Bureau Chief Bureau of Mitigation, Division of Emergency Management (850) 815-4501 | miles.anderson@em.myflorida.com 336 REFERENCES FLORIDA DIVISION OF EMERGENCY MANAGEMENT/U.S. DEPT. OF AGRICULTURE | FLORIDA CITRUS RECOVERY BLOCK GRANT | 2018- 2019 | $250 Million - $500 Million The Florida Citrus Recovery Block Grant (CRBG) is the first-of-its-kind agricultural disaster recovery block grant. The Bipartisan Budget Act of 2018 allocated $340 million to the State of Florida for the purpose of assisting citrus producers in recovery and rehabilitation of their groves from damage incurred during Hurricane Irma in 2017. FCMC was contracted by the Florida Division of Emergency Management (FDEM) to oversee all aspects of the grant program, including: program design, stakeholder engagement and outreach, application intake and review, financial processing of subrecipient payments, and grant closeout. The CRBG is now seen as the model for future agricultural disaster recovery block grants. Citrus Recovery Block Grant | Client Project Point of Contact: Wesley Sapp, Citrus Recovery Block Grant Program Manager Florida Division of Emergency Management (850) 815-4431 | wesley.sapp@em.myflorida.com PREVIOUS CLIENT ENGAGEMENT TYBEE ISLAND, GA | HAZARD MITIGATION ASSISTANCE PROGRAM, ELEVATION PROJECTS | 2017-2018 | >$10 Million FCMC was contracted by The City of Tybee to manage the development of Hazard Mitigation Grant Program (HMGP) applications to elevate homes out of the floodplain. In doing so, the team developed two HMGP proposals to fund the elevation of homes, with a cumulative project budget in excess of $10 million. FCMC provided ongoing guidance to both the individual homeowners and the City throughout the application development process. This program required close contact with both FEMA and Georgia’s Emergency Management and Homeland Security Agency (GEMA). FCMC provided grant application development support which included working directly with property owners to collect and assemble data required for the application. Activities included scope of work development, cost estimate review and support, environmental and historic preservation documentation, and the facilitation of three homeowner meetings. Project staff involved in this engagement were Frank McColm (Principal) and Sarah Kelty (support staff). 337 LETTERS OF RECOMMENDATION 338 CALHOUN -LIBERTYHOSPITAL 9/26/2018 To Whom It May Concern: Calhoun-Liberty Hospital 20370 NE Burns Avenue + P.O. Box 419 Blountstown, Florida 32424 (850)674-5411 ♦ Fax: (850) 674-1649 It is without hesitation that I recommend F.C. McColm Consulting (FCMC) for your grant administration needs. In April of this year we enter into an agreement with FCMC to assist with the completion of a Hazard Mitigation Grant Application. When we entered into a relationship we were not entirely sure what we were going to get. FCMC won our trust right from the start by listening and showing great care in reflecting the special needs of our project. I also appreciated the exceptional customer service, unimpeachable character, and process efficiency FCMC exhibited while meeting of project goals. I was particularly impressed with the thought leadership, as well as, attention to details that exceeded my expectations. With their extensive expertise, FCMC was able to guide us toward additional areas for potential improvement that we hadn't previously considered. FCMC also displayed great agility when adapting the plan to meet our changing needs. Further, I appreciated the level of personalized service that the team brought to the entire engagement. Please contact me with any questions you may have. Bruce L. Davis Chief Administrative Officer Calhoun Liberty Hospital 850-674-5411, X-224 BruceDavis@CalhounLibertyHospital.com 339 340 341 ATTACHMENTS 342 ATTACHMENT A CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET The Proposer certifies that he/she has examined all documents contained in this RFP package, and is familiar with all aspects of the RFP and understands full y all that is required of the successful Proposer. The Proposer further certifies that his/her Proposal will not be withdrawn for sixty (60) days from the date on which his proposal is submitted to the City. The Proposer ag rees, if awarded this Contract, he/she will: A.Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all serv ices and/or items indicated thereon as specified in this RFP for the proposal amou nt; or, B.Enter a contract with City of Tybee Island to do an d/or furnish everythi ng necessary to provide the service and/or accomplish the work as stated and/or specified in this RFP for the proposal amou nt, and; Frank McColm NAME FCMC COMPANY NAME P.O . Box 12293 ADDRES S Frank@fcmccolm.com SIGNATURE President TITLE Tallahassee, FL. 32317 CITY/STATE/ZIP 386-530-0095 TELEP � ONE 1u_�{('\ DATE MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Islan d City Cmmcil established goal s oriented to increase particip ation of minoiity and female owned businesses, through MBEJWBE certification and development . In order to accurately document particip ation, busines.ses submitting bi ds, quotes or proposals are encouraged to report ownership status. A minori ty or women busines.s is defined as a busines.s that is at least 51 % owned and managed by minor ity or women . A responder that is certified by any ag ency of the Federal Government or State of Georgia may submit a co py of their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or utilize sub-consultants must submit a report of Minority/Women Busines.s EnteqJrise participation to Melissa Freeman, P.O. Box 2749, and City ofTybee Island, GA 31328. Mrican-American\Bla ck __ Asian American __ Hispanic __ Native American __ Ala skan Indian Female 343 1451074 09/17/2019 FCMC, LLC 344 345 Government-Issued Photo ID 346 ATTACHMENT D CITY OF TYBEE ISLAND VENDOR INFORMATION Product or Services Provided: __________________________________________________________ Sales Contact Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Address: _______________________________________________________________________________________ Accounts Receivable Information Contact: ___________________________________ Email: ____________________________________ Phone: _____________________________________ Fax: ______________________________________ Remittance Address: ___________________________________________________________________ Federal Tax Id #: _______________________________________________________________________ Provide Copy of Worker’s Comp Coverage when providing any service involving labor on City property. Our terms are net 30 FCMC, LLCVendor Name: __ ______,________________________________________________________________ Management Consulting Elias Mathes Elias@FCMcColm.com 229-221-8213 N/A P.O. Box 12293, Tallahassee, FL. 32317 P.O. Box 12293, Tallahassee, FL. 32317 Frank McColm Frank@FCMcColm.com 386-530-0095 82-1736788 347 Form W•9 Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. (Rav. October2018) Department of the Treasury lntemaJ Revenue Service ►Go to www.Jrs.gov/FonnW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name 1s required on this line; do not leave this line blank. FCMC LLC 2 Business name/disregarded entity n , If different from bove lftcatlon of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): 0 C Corporation D S Corporation D Partnership D TrusVestate Exempt payee code (tf any) __ _ -·-•-•11v company. Enter th tax classification (C=C corporation, S=S corporation, P=Partnership) ► S Chlllekt�approp · e box In the line above for the tax classification of the single-memb er owner. Do not check Exemption from FATCA reporting ed as a ·ngle-member LLC that is disregarded from the owner unless the owner of the LLC is t not sreoa,ded from the owner for U.S. federal tax purposes. Otherwise, a single-member u_c that code (tf any) IS dlitre-oed from the owner should check the appropriate box for the tax classification of its owner. } ► (ApplJes tu IIQXJUl!ls n,u,taJned outside tt... US.) Requester's name and address (optional) in the appropriate box. The TIN provided must match the name given on line 1 to avoid wifhhi'\lti•·inn. For individuals, this is generally your social securrty number (SSN). However, for a sole proprietor, or disregarded entity, see the instructions for Part I, later. For other ·your employer identification number (EIN). If you do not have a number, see How to get a accou is in more than one name, see the instructions for line 1. Also see What Name and r To · the Requester for guidelines on whose number to enter. Certification Social security number ITO -[I] -I I I I I or I Employer Identification nwnber 82 -1 736788 ber shown on this form is my correct tax.payer identification number (or I am waiting for a number to be issued to me); and 2. l subject o backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service RS) at I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c} the IRS has notified me that I am no er s bject to backup withholding; and 3. I am a U.S. · en or other U.S. person (defined below); and . lhe FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply. For mortgage interest paid, a · · · or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than · terest and dividends, you are not required to · certification, bu1 you must provide your correct TIN. See the instructions for Part II, later. Sign Here General Instructions Section references are to the lntemal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs..gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to flJe an information return with the IRS must obtain your correct taxpayer identification number (TIN} which may be your social security number (SSN), individual taxpayer ide ntification number (ITIN), adoption taxpayer identification number (ATJN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. •FOffll 1099-INT (interest earned or paid) Cat. No. 10231 X Date ► •Form 1099-DIV (dividends, including those from stocks or mutual funds) •Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) •Form 1099-B (stock or mutual fund saJes and certain other transactions by brokers) •Form 1099-S (proceeds from real estate transactions) •Form 1099-K (merchant card and thlrd party network transactiOns) •Form 1098 (home mortgage interest), 1098-E (student loan nterest}, 1098-T (tuition} •Form 1099-C (canceled debt} •Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup ithholding, later. Form W-9 (Rev. 10-2018) 348 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/11/2019 (850) 878-2121 (850)878-2128 18988 F C McColm Consulting ,LLC P.O. Box 12293 Tallahassee, FL 32317 20508 A 1,000,000 X 78262545 6/19/2019 6/19/2020 300,000 10,000 1,000,000 3,000,000 3,000,000 HIRED NONOWNED 1,000,000 2,000,000A X 5126254500 6/19/2019 6/19/2020 0 2,000,000 B 6221669647 10/1/2018 10/1/2019 500,000 500,000 500,000 Project - RFP 2019-740 City of Tybee Island 403 Butler Avenue Tybee Island, GA 31328 FCMCCOL-01 CRYSTAL Earl Bacon Agency, Inc. Post Office Box 12039 Tallahassee, FL 32317 Auto-Owners Insurance Company Valley Forge Insurance Company Other Aggregate X X X X X X X 349 Business Tax Certificates | Doing Business https://www.talgov.com/doingbusiness/treasurer-bustaxcert.aspx[9/19/2019 10:18:15 AM] Business Tax Certificates Effective June 30, 2017, the City of Tallahassee repealed the requirement for obtaining a Business Tax Certificate for businesses that are located or operate within the city limits of Tallahassee. While there will no longer be a requirement to contact the Treasurer-Clerk's office to obtain a Business Tax Certificate you may still need to contact one or more of the following State or Federal departments prior to operating your business: State and Professional Business Licenses Close to 200 job categories/professions require a state license from the Department of Business and Professional Regulation. In addition, more than 100 businesses require a license, permit or registration from the Florida Department of Agriculture and Consumer Services. Costs vary depending on the profession; applicants must meet established criteria to be licensed. Health-related professions and businesses are licensed and regulated by the Florida Department of Health. Beverage Licenses Businesses in Florida that sell alcoholic beverages must apply for a beverage license through the Florida Department of Business and Professional Regulation. Fees are based on types of beverages sold or served. Retailers and wholesalers of beer, wine or liquor are subject to federal occupational tax and must register with and obtain a control number from the U.S. Department of Treasury. Health Permits and Licenses These are required for public lodging and public food service businesses and are available from the Florida Division of Hotels and Restaurants. Licenses for retail food stores, food processing plants and food storage/distribution businesses may be obtained from the Florida Department of Agriculture and Consumer Affairs. Retail Establishment Licenses Licenses are required by the Florida Office of Financial Regulation for any business financing the sale of goods or services sold by installment contract or revolving charge account to a retail buyer. The following are also subject to licensing and regulation: collection agencies, consumer finance companies, mortgage brokers, securities dealers and investment advisors, and mortgage business schools. Environmental Regulations Permits are required for any business that is an actual or potential polluting source; for other businesses, one-time construction permits and renewable operating permits may also be required. Permitting is mandated for such activities as dredge and fill, storm water construction, water treatment, sewage treatment and drainage well City of Tallahassee Business to Government • Tools for Business • Minority Business • Payment and Invoices •Office of Economic Vitality Residents Business Visitors Our City Services Sign In | Register 350 ATTACHMENT E PROPOSAL FORM GRANT ADMINISTRATOR RFP# 2019-740 Please attach all specifications regarding materials, installation, and warranties to this sheet with your total proposal cost below. For all tasks identified in this proposal, FCMC will charge hourly for staff time that will be all inclusive of FCMC expenses to complete the work, not to exceed $100,000.00. This total project cost breaks down to a unit rate of $8,333.33 per residential structure. TOTAL: FCMC, LLC (Firm) (Signature) President (Title) Category Rate Principal $165.00/hr Project Manager $118.00/hr Deputy Project Manager $99.00/hr Technical Support $85.00/hr $100,000.00 351 ATTACHMENT E CHECKLIST FOR SUBMITTING PROPOSAL Sign below and submit this sheet with your proposal NOTE: All of the following items must be submitted with your proposal to be considered "responsive". Remember to follow the Instructions in the RFP Documents. ACKNOWLEDGMENT OF ANY I ALL ADDENDUMS (3)REFERENCES AS REQUESTED TN SUBMISSION INSTRUCTIONS W-9 OCCUPATIONAL TAX CERTIFICATE COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE PROPOSAL: A. SIGNATURE SHEET B.CONTRACTOR AFFIDAVIT C.SA VE AFFIDAVIT D. VENDOR INFORMATION E.PROPOSAL SHEET F.CHECKLIST Frank McColm, President NAME/TITLE �-------SIGNATURE X _X_ X X � � X X X X COMPANY NAME FCMC, LLC 352 2019-740 Grant Administrator FC McColm Criteria Possible Points Demonstration of experience with FEMA grant administration 35 Demonstration of experience with general grant administration 25 Quality of, and Response from, References 20 Cost of Services 15 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?5 TOTAL 100 0 353 Notes HDRI Notes Rostan 0 0 354 Notes 355 2019-740 Grant Administrator FC McColm 1 2 3 TOTAL Criteria Possible Points Demonstration of experience with FEMA grant administration 35 35 33 30 98 Demonstration of experience with general grant administration 25 25 23 20 68 Quality of, and Response from, References 20 20 20 20 60 Cost of Services 15 12 10 12 34 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?5 5 4 5 14 TOTAL 100 97 90 87 274 HDRI 1 2 3 TOTAL Criteria Possible Points Demonstration of experience with FEMA grant administration 35 25 15 20 60 Demonstration of experience with general grant administration 25 20 25 13 58 Quality of, and Response from, References 20 20 15 5 40 Cost of Services 15 5 8 5 18 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?5 5 3 2 10 TOTAL 100 75 66 45 186 Rostan 1 2 3 TOTAL Criteria Possible Points Demonstration of experience with FEMA grant administration 35 33 35 30 98 Demonstration of experience with general grant administration 25 22 22 20 64 Quality of, and Response from, References 20 20 15 10 45 Cost of Services 15 15 15 15 45 How well did the Proposer follow the RFP directions on preparing and submitting its proposal package?5 5 5 5 15 TOTAL 100 95 92 80 267 356