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HomeMy Public PortalAbout20200910AmendedPacket2.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti 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 G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 10, 2020 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation: Rev. June Johnson, All Saints Episcopal Church Pledge of Allegiance Announcements Recognitions and Proclamations 1. Mack Kitchens, Letter of Recognition Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes, City Council Meeting, August 27, 2020 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 3. Jenny Rutherford: Transferable Parking Pass If there is anyone wishing to speak to anything on the agenda other than Public Hearings. Please limit to 5 minutes Consideration of Approval of Consent Agenda Public Hearings 4. Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 – Paul Murach. Consideration of Bids, Contracts, Agreements and Expenditures 5. Addendum No. 2 to Master Services Agreement No. 60826, MCCI. 6. Software License Agreement: Thomas and Hutton Corporation dba geothinQ - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 7. Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary Sewer Collection System Data) 8. American Tower: Request for lease adjustment 9. Verizon: 4th Amendment to Lease Agreement 10. MOU between USCG Station Tybee and Tybee Island Fire Department 11. Approval: Granicus Software Management Contract - STVR's: DOCUMENTS PENDING Consideration of Ordinances, Resolutions 12. Second Reading, 2020-13, Disorderly Household and Administrative Fine Offenses 13. Second Reading, 2020-19, Mask/Face Covering in City Buildings Operated by the City Council, Officials and City Attorney Considerations and Comments 14. Monty Parks: Establish a Fine for Rentals without Registration - FOR DISCUSSION ONLY 15. Monty Parks: Increase in Annual Liquor License Renewal Fees 16. Shawn Gillen: Retirement Incentive 17. George Shaw: A return to normal crossover approval process and fees Other Committee Minutes 18. Planning Commission Minutes, August 17, 2020 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 observe 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.” - Page 2 - File Attachments for Item: 2. Minutes, City Council Meeting, August 27, 2020 - Page 3 -Item #2. City Council Minutes, August 27, 2020 Consideration of Items for Consent Agenda Mayor Sessions called the consent agenda to order at 6:30PM on August 27, 2020 via Zoom. Those present were Monty Parks, John Branigin, Jay Burke, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, EPRA Law Firm, George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  City Council Meeting, August 13, 2020  AWR Contract: Alan Robertson  Skidway Institute Dune Monitoring. Discussion: Mr. Hughes stated there are two paragraphs included in the Agreement that will need to be removed: (1) clause regarding indemnification and (2) clause relating to insurance. A substitute Agreement will be forthcoming.  Verizon Temporary Tower Lease  Approval of the Online/Practice Solution/Software/Proflex Products - Tybee Island Police Department Detective Division. $225 per month per year and increases 5% in year two.  Out-of-State Travel: Chief Matt Harrell, Navaree Beach. Working with them on Lifeguard Program  MOU - Beachside Colony Condominium Association and City of Tybee Island to place and maintain a camera to make observation of the beach area. Discussion: Approval to include diagram of location of camera. Opening Ceremonies  Call to Order  Invocation: Jan LeViner, Clerk  Pledge of Allegiance Demery Bishop, Chair, Planning Commission/Working Group, STVR's approached Mayor and Council. Mr. Bishop gave a detail report on the progress of the Working Group (attached). Mayor Sessions thanked Mr. Bishop and the Working Group for all their hard work. Alan Robertson approached Mayor and Council to give a brief overview of the Skidway Dune Monitoring Proposal. Mr. Robertson stated the Agreement would be between the City and the Institute which is an arm of the University of Georgia. A drone would be flown over the dunes from Chatham to the north groin once a quarter and once after a storm event. Mr. Robertson continued, the baseline measurements have been taken and he has received the approval of the Department of Community Affairs under their grant. The Agreement would be for year one and the Corps of Engineers is working with Skidway to pick up years two and three at their expense. He continued, this study will give Tybee a clear picture of the erosion patterns of the dunes and beach. Mr. Robertson is asking for Mayor and Councils approval for the one-year agreement with Skidway. Mr. Hosti asked who will be able to access the information from the drones. Mr. Robertson stated he will make it public. Mr. Hosti also asked how many acres have been added to the beach over the years due to re-nourishments. Mr. Robertson responded he did not know but will reach out to the US Corps of Engineers for their original baseline data and do comparisons. Mayor Sessions thanked Mr. Robertson for his work on this project. - Page 4 -Item #2. Monty Parks made a motion to approve the consent agenda. Nancy DeVetter seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures 4th Amendment to Lease Agreement – Verizon. NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 American Tower: Request for lease adjustment. NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 T-Mobile Fifth Amendment to Water Tower Attachment Lease Agreement NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 Memorandum of Agreement: USCG Health Safety and Work-Live Service Center and Tybee Island Fire Department. NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 Software License Agreement: Thomas and Hutton Corporation dba geothinQ. NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary Sewer Collection System Data). NO ACTION. TO BE HEARD SEPTEMBER 10, 2020 Consideration of Ordinances, Resolutions First Reading, 2020-16, Disorderly Household and Administrative Fine Offenses. Mayor Sessions reminded Council this is a first reading. Mr. Hughes confirmed. Monty Parks made a motion to approve for discussion. Barry Brown seconded. Discussion: Mr. Parks stated the change is the penalties will now be moved to the civil offenses. In this way non-Post Certified Police Officers/City employees may write tickets for violations on the beach. Mr. Hughes confirmed and stated there is one additional component, in the Disorderly House provision regarding the three strikes clause, as it can be included with the administrative offenses. Vote was unanimous to approve, 6-0. First Reading: 2020-18 Mask/Face Covering Ordinance. Mayor Sessions confirmed this would apply to City owned and operated buildings. Mr. Hughes confirmed. Monty Parks made a motion to approve for discussion. Nancy DeVetter seconded. Discussion: Dr. Gillen stated from a practical standpoint this will not change how the City is operating currently but will add authority to policy. Mayor pro tem Brown asked if this would include such locations as North Beach Grill, Salty Pelican, Marine Science Center and Marine Rescue Squadron? Mayor Sessions responded it will only apply to City owned and operated buildings. Mr. Parks asked Mr. Hughes if the approval could be for first and second reading. Mr. Hughes stated no. Vote was unanimous to approve first reading, 6-0. Council, Officials and City Attorney Considerations and Comments Barry Brown stated he would like to start a discussion regarding Increase in Retirement Amounts for Mayor and Council. The current contribution is $20 per year. Mayor Sessions asked Mayor pro tem Brown to direct Dr. Gillen to have Staff work with GMA, who is the body that controls this, to find out the process for increasing the contribution. Dr. Gillen confirmed. Shawn Gillen approached Mayor and Council to discuss the Hiring of Additional Code Enforcement Officers to include all costs. Monty Parks made a motion to approve. Nancy - Page 5 -Item #2. DeVetter seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown and Nancy DeVetter. Voting against was Spec Hosti. Motion carried, 5-1. Dr. Gillen stated he has forwarded the Results of RFP for software for STVR's to Mayor and Council. The recommendation from Staff is to move forward with Granicus as the vendor for this software. Granicus has purchased Host Compliance which is the company the City is currently in discussions. Mayor Sessions asked Dr. Gillen how Granicus is different from current software the City is using. Dr. Gillen stated Granicus is a specific software company that provides full service where they will have the capability to identify non-compliant STVR’s. They will also provide on- line registration as well as compliance with taxes, etc. He asked Mayor and Council to approve. Mr. Hughes stated Mayor and Council would approve the award of the RFP to Granicus as per the Staff recommendations. There would also need to be a contract thereafter to be executed by the City. Mayor Sessions asked if this was in the current budget. Dr. Gillen stated there are funds in Mr. Shaw’s line item that is allocated for Contract Services as the House Raising Grant is not moving along as fast as anticipated and will cross fiscal years. So therefore, funds will be allocated for this purchase. Mayor Sessions asked how long the term of the contract. Dr. Gillen stated one year per Georgia Law but can automatically renew and is subject to termination as well. Mr. Hosti asked for clarification as to if the new software, Caselle, can provide the same services as Granicus. Dr. Gillen stated Caselle could provide on-line registration capacity but cannot handle the actual registration process. Mr. Hosti then asked who will be responsible for ensuring the information is correct in the Granicus software. Dr. Gillen responded he would not have Staff review for redundancies. Mr. Hosti asked Dr. Gillen the cost of the software. Dr. Gillen responded, $122,474. Mr. Bishop expressed his concerns with the current form used for registration as the Working Group might have recommendations which would means changes to the form. Dr. Gillen stated the vendor will build a form around the City’s needs. Mr. Bishop asked if there will be a review of performance for Granicus prior to renewal. Dr. Gillen confirmed. Monty Parks made a motion to approve. Barry Brown seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown and Nancy DeVetter. Voting against was Spec Hosti. Motion carried, 5-1. Staff Report on feasibility of tiered registration rates for STVR's. No Action Taken. Monty Parks made a motion to adjourn. Motion was unanimous by consensus. Meeting adjourned at 8:20PM. ______________________________ Janet R. 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PAGE 1 OF 9 SOFTWARE LICENSE AGREEMENT This SOFTWARE LICENSE AGREEMENT (the “Agreement”) is entered into between Thomas and Hutton Corporation dba geothinQ and its affiliates including but not limited to the licensors of any of the geothinQ Software as defined herein (“geothinQ”) and the customer identified below on this signature page (“you,” “Licensee” or “User”) governing the license and use of the geographic land mapping and data visualization software for the purpose of land analysis (the “geothinQ Software”) which you may download and access and which enables the delivery of certain content related to land (“Services”) (collectively, the Software and Services shall be referred to as the “geothinQ Property”) and made available for license on the website located at www.geothinq.com (the “Website”). This Agreement is effective as of the date of last signature below (the “Effective Date”). This Agreement consists of (i) this signature page; (ii) the provisions set forth below in Articles 1–10; (iii) Schedule A;; and/or (iv) the Thomas & Hutton Letter Agreement (if applicable). This Agreement, along with the End User License Agreement (“EULA”) located on the Website, contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective duly authorized representatives. geothinQ Licensee By: ____________________________ By: _____________________________ Printed Name: Christopher C. Nichols Printed Name:________________________ Title: General Manager Title: ______________________________ Date: 27 August 2020 Date: __________________________ - Page 43 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 2 OF 9 ARTICLE 1: USER LICENSE 1.1 User License. geothinQ grants User the limited, non–transferable, and revocable, in geothinQ’s discretion, right to use the geothinQ Property on the terms and conditions set forth herein for the limited purposes of downloading, accessing and interacting with the geothinQ Property to acquire data and information to evaluate the topography, ownership, and location of real estate or other internal business purpose and for copying, reproducing, transmitting and otherwise using the data and maps in furtherance of this limited purpose. Any other use of the geothinQ Property is strictly prohibited. 1.2 Ownership. User acknowledges that nothing herein gives it any right, title, or interest in the geothinQ Property except for those explicitly set forth in this Section. User shall not contest or challenge the validity of any part of the geothinQ Property. All content accessible by means of the geothinQ Property (the “Content”) is owned and provided by third parties to geothinQ for delivery to you and may be protected by various copyrights and/or other proprietary rights owned by such third parties. 1.3 Number of Licenses. User may purchase as many licenses as needed for its business. The purchase of one license allows User access to the Website from a single IP address associated with one desktop and one mobile device concurrently. At no time shall a user be permitted to access the Website from more than one desktop device or more than one mobile device at the same time. Each license is unique to one individual and cannot be shared with other individuals. The amount of licenses you own is set forth in Schedule A. 1.4 Payment. User shall pay geothinQ for each license for the amount and term set forth in Schedule A. Payment terms may be modified by geothinQ by notifying User of the change in writing prior to the beginning of the next term. Failure to make timely payments can result in loss of access to the geothinQ Property and/or termination of this Agreement. 1.5 Scope of License. geothinQ offers various levels of access to the geothinQ Property and each level is priced accordingly. User’s access level is set forth in Schedule A. 1.6 Use Restrictions. You acknowledge and agree that you may not (i) reproduce the geothinQ Property, or any portion thereof, in any way or in any format now known or hereafter developed other than making copies of the Content for internal business purposes; (ii) provide any other person with access to the geothinQ Property not expressly allowed in this Agreement or by geothinQ in writing; (iii) sublicense the use of the geothinQ Property; (iv) make derivative works from the geothinQ Property; (v) resell, relicense, or redistribute the geothinQ Property or any portion thereof, in any way or in any format now known or hereafter developed; (vi) attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the geothinQ Property or used to administer these use restrictions; (vii) use the geothinQ Property in any way that would cause it to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. or similar statute; or (viii) use the geothinQ Property in any manner other than set forth herein. User shall not directly or indirectly modify, translate, decompile, create or attempt to create, by reverse engineering or otherwise, the object or source code of the geothinQ Software. User acknowledges that it will only be permitted to utilize the geothinQ Software for its intended purpose and access the geothinQ Property through platforms designated by geothinQ from time to time. You may not export more than 10,000 points of interest in one calendar year. Violation of this requirement will result in immediate termination of this Agreement. While the geothinQ Property should not allow you to do so, you may not create a workaround and access or export data elements relating to more than 1,000 parcels at one time nor more than 100 points of interest at one time. You may export all data layers in PDF format. In accordance with restrictions integrated in the geothinQ Property, parcel data and points of interest data relating to geography may be exported also in KML format. Parcel data attributes and points of interest data - Page 44 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 3 OF 9 attributes (excluding latitude and longitude) may be exported in CSV format. You are expressly prohibited from exporting parcel data and points of interest data in SHP format and DWG format and you are expressly prohibited from exporting transmission lines, substations and electric service territories in any format other than PDF. 1.7 Ownership Representation. You represent that you are not one of the following entities, their affiliates or subsidiaries, nor their successors in interest: Acxiom, America Online, Inc. (AOL), Black Knight, CBCInnovis, CD–Data, Collateral Analytics, Costar Group, Courthouse Retrieval System Inc., Data Solutions, Datamyx, Data Verify, Digital Map Products, Digital Risk, Experian, Equifax, Fair Isaac Corporation, Fidelity National Financial (FNF), Fidelity National Information Services (FNIS), Fidelity National Insurance Company, Fidelity National Title Group, First American Financial Corporation, First Data Solutions, FiServ, FNC, Google, Haines, InfoUSA, Insurance Service Office (ISO), International Data Management (IDM), Interthinx, iPlace, ISGN, Land America, Lender Processing Services, Lending Tree, Lexis/Nexis, MacDonald–Detweiler, Maponics, MasterFiles, Merlin Data, Microsoft, Myriad Development, National Data Cooperative, National Information Services, New Reach, Onboard Informatics, Real Ingo, Real Net, Rentwood RealtyTrac LLC, RJ Peters, Sedgwick CMS, Stewart Information Services Corporation, SW Financial, TPG Capital, Thompson–West Group, TransUnion, Verisk, Veros, Yahoo!, Zaio and Zillow. ARTICLE 2: SERVICES 2.1 Engagement. Licensee may retain Licensor to create customized GIS software (the “GIS Custom Services”) and, when so retained, the performance of such GIS Custom Services shall be governed by, and Licensor agrees to perform such Services in accordance with, the terms and conditions of this Agreement and the applicable Statement of Work negotiated and executed by Licensor and Licensee in a similar format to Schedule B attached hereto. 2.2 GIS Custom Services. Licensor represents and warrants that it and its employees will perform the GIS Custom Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 2.3 Priority. In the event of a conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work promulgated hereunder, the terms and conditions of this Agreement shall control unless the applicable clause in the applicable Statement of Work expressly references the conflicting term of this Agreement. 2.4 Work Product Testing and Acceptance. Licensor shall notify Licensee of the readiness of the software created with the GIS Custom Services (the “Work Product”) for testing by Licensee (the date of such notification hereinafter being referred to as the “Delivery Date”). Notice shall be provided in written form including but not limited to email. Unless otherwise set forth in the applicable Statement of Work, Licensee shall have thirty (30) business days after the Delivery Date to complete testing of the Work Product. If this test establishes that the Work Product does not materially perform to the applicable specifications or Licensee’s reasonable requirements that had been communicated to Licensor, Licensee shall immediately notify Licensor and Licensor shall, within a reasonable time, not to exceed ten (10) business days unless otherwise set forth in the applicable Statement of Work, modify or otherwise improve the Work Product in an effort to make the Work Product conform to Licensee’s reasonable requirements. If no written notification of material non– conformance is received by Licensor within such thirty (30) days following the Delivery Date of the Work Product, such Work Product shall be deemed accepted by Licensee. ARTICLE 3: TRANSFER No transfer of any right or interest of User under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, - Page 45 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 4 OF 9 indirectly or contingently, shall be permitted without the prior written consent of geothinQ unless it has been reassigned by a former User to a new User who has replaced the former User’s position. geothinQ may assign this Agreement without the consent of User. ARTICLE 4: ACCOUNT INFORMATION AND DATA geothinQ does not own any data, information, or material (“Your Data”) that you submit to the Service in the course of using the Service. You, not geothinQ, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your Data, and geothinQ shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data. geothinQ will not use Your Data for any purpose other than its internal business purposes. In the event this Agreement is terminated (other than by reason of User’s breach), geothinQ will make available to you a file of Your Data within 30 days of termination if so requested at the time of termination. User shall be provided a 15 day period to cure any breach, including non - payment. If the breach is not cured within the allotted 15 day period, geothinQ reserves the right to withhold or remove Your Data with 5 days notice. In the event of an alleged breach by Licensee which is contested by Licensee, no Licensee Data will be withheld or removed from Licensee until the dispute is resolved. Disputes hereunder shall be mediated in good faith within 10 business days of the notice of dispute by Licensee to geothinQ and the parties shall agree on a mediator. In the event the parties are unable to agree on a mediator, the parties agree to mediate using a mediator on the list of mediators for Chatham County Courts as designated by either party to first designate a mediator from the list.. ARTICLE 5: LOGO On sites that link to geothinQ’s Website, a geothinQ logo must be included at the bottom right corner of all pages from the use of the Service. This logo must also link to the Website. You agree not to tamper with the logo and display the logo in all documents emanating from geothinQ. geothinQ is a trademark owned by geothinQ. All other trademarks which may appear in the geothinQ Property are property of their respective owners. This Agreement does not grant you the right to use these trademarks except as set forth in this Agreement. You may not contest the ownership or validity of any trademarks appearing in the geothinQ Property. ARTICLE 6: DISCLAIMER OF WARRANTIES AND LIABILITY 6.1 General Disclaimer. geothinQ is making the geothinQ Property available to you on an “as is” and “as available” basis and you agree that your use of the geothinQ Property is at your own risk. 6.2 Warranty Disclaimer. GEOTHINQ DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE GEOTHINQ PROPERTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON–INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 6.3 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL GEOTHINQ BE LIABLE FOR ANY DAMAGE CAUSED BY YOUR USE OF THE GEOTHINQ PROPERTY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GEOTHINQ OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE THE GEOTHINQ PROPERTY EVEN IF GEOTHINQ OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GEOTHINQ BE LIABLE FOR ANY DAMAGE CAUSED BY YOUR USE OF OR ACCESS TO THE GEOTHINQ PROPERTY. IN NO EVENT SHALL GEOTHINQ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE GEOTHINQ PROPERTY EXCEED THE AMOUNT PAID BY YOU TO GEOTHINQ FOR THE SOFTWARE IN THE PRECEDING TWELVE MONTHS. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF - Page 46 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 5 OF 9 THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES). 6.4 Errors; Accuracy; Security. Though geothinQ uses reasonable efforts to ensure otherwise, the geothinQ Property may contain errors or other inaccuracies and may not be complete, accurate, or current. geothinQ does not guarantee, represent, or warrant that (i) the geothinQ will be error–free, accurate, or current, or (ii) your use of the geothinQ Property will be uninterrupted, error–free, or free from loss corruption, attack, viruses, interference, hacking, or other security intrusion, and geothinQ disclaims any liability relating thereto. USER AGREES THAT FROM TIME TO TIME GEOTHINQ MAY REMOVE OR DISABLE ACCESS TO THE GEOTHINQ PROPERTY FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE GEOTHINQ PROPERTY, OR ANY PORTION THEREOF, AT ANY TIME, WITHOUT NOTICE TO USER. In the event that the geothinQ Property is inaccessible, geothinQ will return a pro-rated amount of licensing fee to the User based on the inaccessible time. 6.5 Good Faith Notification of Access Breach. If User’s access to the Website has been compromised, User agrees to notify geothinQ of the breach. 6.6 User’s Reliance on Content Accuracy. User understands and acknowledges that the Content is derived from sources which are not updated on a daily basis. Some of the Content is updated on a quarterly basis and other parts of the Content could be updated on a biennial basis or longer. Consequently, you understand and acknowledge that you should consult the appropriate professionals to confirm or deny the accuracy of the information contained in the Content and should not rely exclusively on the information contained in the Content. You agree and acknowledge that you will rely on professionals to evaluate the subject property through appraisals, title searches, and physical inspections and the Content cannot substitute for this professional advice. ARTICLE 7: TERM 7.1 Term. This Agreement shall remain in effect for a period of one (1) month, one (1) quarter, or one (1) year from the Effective Date in accordance with User’s specific license of the geothinQ Property set forth in Schedule A. 7.2 Termination. If you fail, or if geothinQ has reason to suspect that you have failed, to comply with any of the provisions of this Agreement and/or the EULA, including but not limited to your payment obligations or the usage restrictions on the geothinQ Property, user shall be provided a 15 day period to cure the default. If the default is not cured within the allotted 15 day period, geothinQ may, in its sole discretion, with or without notification to you, terminate this Agreement and disable your access to the Website. User may terminate this Agreement for convenience by providing geothinQ fifteen (15) days prior notice. ARTICLE 8: INDEMNITY geothinQ, nor the User shall be obligated to defend, indemnify, and hold harmless the other party, other party’s employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees) related to: (i) any breach by User of this Agreement (ii) any claim by a third party that arises from User’s use or misuse of the geothinQ Property and (iii) any claim by a third party that arises from use or misuse of Your Data. ARTICLE 9: CONFIDENTIALITY 9.1 Definition. “Confidential Information” shall mean any information, written or verbal, owned by geothinQ, its licensors and others related to its confidential or proprietary matters including, without limitation, all information related to inventions, processes, algorithms, software schematics, code and source documents, data, formulas, trade secrets, technical data and know–how, customer lists, pricing, pricing policies, operational methods, accounting and financial information and materials, marketing information, and other business affairs. Confidential Information also includes - Page 47 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 6 OF 9 usernames, passwords, or registration information received from geothinQ. 9.2 Obligation of Confidence. Except as required by law, you shall: (a) maintain the Confidential Information in strict confidence and take all reasonable steps to prevent its disclosure to third parties; (b) use at least the same degree of care as you use in maintaining the secrecy of your own Confidential Information (but no less than a reasonable degree of care); and (c) prevent the removal of any proprietary, confidential, or copyright notices placed on the Confidential Information. You may use the Confidential Information only in connection with the geothinQ Property. You shall not, at any time, make any use of the Confidential Information for any other purpose. You shall keep the Confidential Information confidential at all times and shall not disclose the Confidential Information to any person including your employees except to your employees, representatives, advisors, and agents who have a need to know such information in connection with assisting you with the geothinQ Property and who are required to keep such information confidential. You shall not acquire any rights, title, or ownership to the Confidential Information, except the limited rights to use it as described in this Agreement. Your obligations to maintain the confidentiality of the Confidential Information shall continue until the end of the Agreement. 9.3 Termination. Upon termination of this Agreement, you must cease use of Confidential Information and return or destroy it. You shall not use the Confidential Information other than in the course of the activities permitted hereunder. ARTICLE 10: MISCELLANEOUS Nothing herein shall be construed or deemed to create a joint venture, contract of employment, or partnership between the parties. geothinQ reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on User’s use of the geothinQ Property. This Agreement, along with the EULA found on the Website, contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. geothinQ reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on User’s use of the geothinQ Property. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively, the “Additional Terms”) will be effective upon written agreement by the User. If the User does not agree to the new agreement, geothinQ shall have the right to terminate this agreement. All Additional Terms are hereby incorporated into this Agreement by this reference. geothinQ reserves the right, in its sole discretion, and from time to time, to change the format or content of the geothinQ Property or update, modify or enhance the geothinQ Property whether or not such changes, updates, modifications or enhancements would require changes to User’s equipment or computer systems. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto. Failure by geothinQ to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Georgia. Chatham County, Georgia, shall be the only proper place of venue for all suits arising from or related to this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Chatham County, Georgia. Notwithstanding any other provisions herein or in the EULA, in the event of any inconsistency with the terms of this agreement and the EULA , the terms of this agreement shall control. - Page 48 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 7 OF 9 Schedule A Licensee: City of Tybee Licensee Address: P.O. Box 2749 Tybee Island, GA 31328 Licensee Contact: Peter Gulbronson Project Description: geothinQ Custom GIS application for City of Tybee Package: Savannah Metro City of Tybee GIS Layers:  Savannah Area Geographic Information System Data - Tybee o Tybee Short Term Vacation Rentals o Facilities o Infrastructure Operations o Land Use Planning o Lifeguard Stands o Community Facilities o Zoning o Utilities  Sewer  Water  Stormwater Savannah Metro GIS layers:  Parcels/Ownership o Large Land Ownership Boundaries o Value Per Acre o Commercial and Residential Sales o Vacant Land/Vacant Land Transactions  Zoning  Points of Interest  National Wetlands Inventory  Sea Level Rise and Storm Surge  Topographic Contours  NRCS Soils  FEMA National Flood Hazard Layer  Census  USA Data o Building Footprints o Civic Boundaries o Conservation Easements and Protected Areas o EPA Facilities and Non–Attainment Areas o Economic Opportunity Zones - Page 49 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 8 OF 9 o Education o Municipal Boundaries o Protected Areas o Military Sites  Transportation o Major Roads o Ports and Airports o Traffic Counts Number of Licenses: Up to 10 Users License Level: Custom Duration of License: 1 year License Start Date: September 1, 2020 License Fee: $12,000 Billing Cycle: Annual Notes: geothinQ Custom annual term beginning September 1, 2020 Services shall renew automatically unless written notice to cancel is provided prior to monthly renewal date. geothinQ File Share document management capability Data storage for file and document sharing up to 25 Gigabytes (GB) is included. Data transfer for file and document sharing up to 100 GB per month is included. Utility GIS layers are sourced directly from City of Tybee’s existing GIS Inventory which originated from Coastal Regional Commission of Georgia. All other City of Tybee layers will be obtained on behalf of the City of Tybee from Savannah Area Geographic Information System. geothinQ Recommendations to the City of Tybee: It is understood that the City of Tybee would like to improve the accuracy and expand the attributes of the water, sewer and storm utility layers. We recommend developing a field collection workflow where City of Tybee users employ esri’s geocollector application and a Trimble R2 unit. In this scenario, City of Tybee users would connect directly to the geothinQ layers and create/edit new utility features. It is also recommended that the City of Tybee consult with Thomas & Hutton for field collection of storm sewer system to jumpstart the effort. We also recommend digitizing pipes between these utility features using geothinQ and georectified City of Tybee as-builts. Georectifying existing as-builts would require a detailed scope and fee. - Page 50 -Item #6. SOFTWARE LICENSE AGREEMENT PAGE 9 OF 9 - Page 51 -Item #6. CONTRACTOR AFFIDAVIT Contractor Affidavit under O.C.G.A. § 13-10-91(b)(3) 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 under a contract with the City of Tybee Island, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned contractor will forward notice of the receipt of an affidavit from a subcontractor to the City of Tybee Island within five business days of receipt. If the undersigned contractor receives notice of receipt of an affidavit from any sub- subcontractor that has contracted with a subcontractor to forward, within five business days of receipt, a copy of such notice to the City of Tybee Island. 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 Subcontractor _________________________________ 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 ______________,201__. _________________________________ NOTARY PUBLIC My Commission Expires: _________________________________ - Page 52 -Item #6. SAVE AFFIDAVIT 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 shall 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 THIS THE ___ DAY OF ___________, 20____ _________________________ NOTARY PUBLIC My Commission Expires: - Page 53 -Item #6. File Attachments for Item: 7. Thomas & Hutton, Professional Civil Engineering Services Contract (Collection of Sanitary Sewer Collection System Data) - Page 54 -Item #7. _______ Owner’s Initials _______ Consultant’s Initials CITY OF TYBEE PROFESSIONAL CIVIL ENGINEERING SERVICES THOMAS & HUTTON CONTRACT TASK ORDER # 20 DATE August 12, 2020 ADDENDUM TO CONTRACT NO: CITY OF TYBEE PROFESSIONAL CIVIL ENGINEERING SERVICES THOMAS & HUTTON CONTRACT PROJECT: CITY OF TYBEE SANITARY SEWER INVENTORY FY20/21 CITY OF TYBEE (Owner) and THOMAS & HUTTON ENGINEERING CO. (Consultant/Engineer) this 12TH day of August 2020, amend their contract dated February 28, 2018, for work, materials or services described below. I. SCOPE OF WORK: City of Tybee has requested a proposal from Thomas & Hutton for the collection of sanitary sewer collection system data to provide a suitable geodatabase for future City use. The City has requested the sanitary sewer inventory include GPS locations of structure frames, measure downs from frame to inverts of struc ture and intersecting pipes, pipe diameter and pipe material. The City has indicated that budget allocations have been made for geothinQ under separate agreement. The inventory collection effort will be linked to the City of Tybee geothinQ subscription and will enable City staff to review progress of the data collection process. It is our understanding the City has allocated $25,000 for the sanitary sewer structure inventory task in its 2020/2021 fiscal year budget. Based on preliminary data provided by the City, it appears the sanitary sewer system is estimated to have 575 manhole structures, including 9 sanitary sewer lift stations. Based on the fee below, it is estimated that 465 structures of the 575 total structures can be inventoried for the budget allocated, equating to approximately 80 percent of the system. A. Sanitary Sewer System Inventory The Consultant will provide field personnel and equipment to collect existing sanitary sewer system data for creation of the final existing sanitary sewer system structure database. Field personnel will obtain information about existing sanitary sewer system structure components, including the following attributes, as readily accessible and visible at the time of inventory: i. Location data using GIS mapping grade Global Positioning System equipment; ii. Sanitary sewer feature type (e.g. manhole, lift station, etc.); iii. Measurements from frame to bottom of structure, inlet pipes and outlet pipes. Frame elevations will not be obtained in this scope of work; iv. Inlet/outlet pipe diameter, material and direction; and, - Page 55 -Item #7. City of Tybee Sanitary Sewer Structure Inventory August 12, 2020 Page 2 of 3 _______ Owner’s Initials _______ Consultant’s Initials v. Miscellaneous field notes and photographs. The estimated structures to be inventoried is an estimate. The effort may be less or more, depending on the number of structures to be inventoried, as will be determined in the field. For this reason, we are providing a time and expense budget for this task. It would reduce effort of the field crew, thereby increasing number of structures inventoried for the proposed fee, if Tybee staff could accompany our field crew and open manhole covers prior to the field crew obtaining structure data collection. Consultant will notify City staff for assistance in accessing potentially inaccessible sanitary sewer structures. II. FEE SUMMARY – PHASE 1 Phase Fee Structure Budget Sanitary Sewer Structure Inventory Existing Sanitary Sewer Structure Inventory Time & Expense $ 25,000.00 Sub–Total Budget – ±80% Sanitary Sewer Structure Inventory $ 25,000.00 TOTAL PROJECT BUDGET - ± 80% SANITARY SEWER STRUCTURE $ 25,000.00 III. EXCLUSIONS Items not included in the scope of services are as follows: • Existing system modeling and report • Field survey • Water quality assessment or recommendations • Capital improvement plans • Operations & maintenance plans • Staffing level analysis • Design • Permit • Bid Phase/Process • Archaeological survey and report • Wetland delineation, surveys, or permits • Geotechnical investigation or report • Phase One or Phase Two Environmental Assessments • Endangered species survey and report • Interior Courtyard Design • ADA compliance • Off–site work unless specifically covered in the scope of services • Approvals or permits other than those related to the scope of work covered by this contract • Act as an expert witness for legal activities • Telephones, cable television, gas, and power distribution systems - Page 56 -Item #7. City of Tybee Sanitary Sewer Structure Inventory August 12, 2020 Page 3 of 3 _______ Owner’s Initials _______ Consultant’s Initials IV. PERIOD OF SERVICE: Upon receipt of this executed task order from the Owner, Consultant will begin work within seven (7) calendar days, and complete work as described above within fiscal year 2020/2021. Schedule assumes the City issuing a Notice t o Proceed no later than September 30, 2020. If acceptable, please indicate your authorization to proceed with this additional work by signing and initialing where designated below and returning a copy to us for our files. This proposal will be open for acceptance until August 30, 2020 unless changed by us in writing. This work order is subject to the terms and conditions of the contract executed for this project dated February 28, 2018 between the City of Tybee and Thomas & Hutton Engineering Co. When approved by both parties this Task Order becomes a legal document and a part of and subject to Terms and Conditions of said Contract. APPROVED: APPROVED: THOMAS & HUTTON ENGINEERING CO. CITY OF TYBEE By: By: Mr. Kevin M. Smith, PE Mr. Shawn Gillen Title: Principal Title: City Manager Date: Date: - Page 57 -Item #7. File Attachments for Item: 8. American Tower:  Request for lease adjustment - Page 58 -Item #8. - Page 59 -Item #8. - Page 60 -Item #8. File Attachments for Item: 9. Verizon: 4th Amendment to Lease Agreement - Page 61 -Item #9. - Page 62 -Item #9. - Page 63 -Item #9. - Page 64 -Item #9. - Page 65 -Item #9. - Page 66 -Item #9. - Page 67 -Item #9. - Page 68 -Item #9. - Page 69 -Item #9. File Attachments for Item: 10. MOU between USCG Station Tybee and Tybee Island Fire Department - Page 70 -Item #10. - Page 71 -Item #10. - Page 72 -Item #10. File Attachments for Item: 11. Approval: Granicus Software Management Contract - STVR's: DOCUMENTS PENDING - Page 73 -Item #11. 12/31/2019 1 Master Subscription Agreement This Master Subscription Agreement (“Agreement) is made and entered into as of the latter date of the signatures below ( the “Effective Date”) by and between Tybee Island, Georgia (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Client and Granicus may each be referred to herein as “Party” or collectively as “Parties”. By accessing the Granicus Products and Services, Client accepts this Agreement. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: “Agreement Term” means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, further specified in Section 7.1. “Extension Term” means any term that increases the length of the Initial Term of this Agreement or an Order Term of an Order or SOW. “Granicus Products and Services” means the products and services made available to Client pursuant to this Agreement, which may include Granicus products and services accessible for use by Client on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW. “Initial Term” shall have the meaning specified in Exhibit A or Order or SOW between Granicus and Client for the first duration of performance that Client has access to Granicus Products and Services. “Order” means a written order, proposal, or purchase document in which Granicus agrees to provide and Client agrees to purchase specific Granicus Products and Services. “Order Term” means the then-current duration of performance identified on each Order or SOW, for which Granicus has committed to provide, and Client has committed to pay for, Granicus Products and Services. “Statement of Work” or “SOW” means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order or SOW shall describe the Parties’ performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder. “Support” means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties. 2. Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order or SOW related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly-issued purchase order by Client accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW, and by this reference is incorporated herein. 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Client is not materially diminished. - Page 74 -Item #11. 12/31/2019 2 2.3. Future Functionality. Intentionally omitted. 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Client, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Client and the applicable additional party upon written request. 3. Use of Granicus Products and Services and Proprietary Rights 3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Client as subscriptions during an Order Term specified in each Order or SOW. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Client hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order or SOW (collectively the “Permitted Use”). 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Client sources (interactions with end users and opt-in contact lists). Client cannot upload purchased contact information into Granicus Products and Services without Granicus’ written permission and professional services support for list cleansing. Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the Services outlined within this Agreement. 3.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Client’s passwords. 3.2.3. Content. Client can only use Granicus Products and Services to share content that is created by and owned by Client and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Client, can be removed or limited by Granicus. 3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Client’s website must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Client or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. 3.2.5. Granicus Subscriber Information for Communications Cloud Suite only 3.2.5.1. Data Provided by Client. Data provided by Client and contact information gathered through Client’s own web properties or activities will remain the property of Client (“Direct Subscriber”), including any and all personally - Page 75 -Item #11. 12/31/2019 3 identifiable information (PII). Granicus will not release the data without the express written permission of Client, unless required by law. 3.2.5.2. Granicus shall not disclose the client’s data except to any third parties as necessary to operate the Granicus Products and Services (provided that the client hereby grants to Granicus a perpetual, noncancelable, worldwide, non- exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products and Services by the client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and Services and any other legitimate business purpose including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). 3.2.5.3. Data Obtained through the Granicus Advanced Network 3.2.5.3.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client’s digital communication (the “Advanced Network”). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a “Network Subscriber” to the agency it subscribed to through the Advanced Network. 3.2.5.3.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of any Granicus Order, SOW or Exhibit. Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Client within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. 3.2.5.3.3. Opt-In. During the last 10 calendar days of Client’s Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Client may send an opt-in email to Network Subscribers that shall include an explanation of Client’s relationship with Granicus terminating and that the Network Subscribers may visit Client’s website to subscribe to further updates from Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to Client upon termination. 3.3. Restrictions. Client shall not: 3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; 3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus Clients; 3.3.3. Intentionally omitted.; - Page 76 -Item #11. 12/31/2019 4 3.3.4. Client must not use the Services as a door or signpost to another server. 3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder; 3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.7. Use the Granicus Products and Services for any unlawful purposes; 3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 3.3.10. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Client Feedback. Client assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Client relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion. 3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Client. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 4. Payment 4.1. Fees. Client agrees to pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW may require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’s responsibility to provide applicable exemption certificate(s). 4.2. Disputed Invoiced Amounts. Client shall provide Granicus with detailed written notice of any amount(s) Client reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Client has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Client’s failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Client’s acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Client at least thirty (30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees may increase from the previous term’s fees by up to ten (10) percent per year. If Granicus makes a unilateral price increase, Client may terminate the agreement within fifteen (15) days of notice of such price increase. 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. - Page 77 -Item #11. 12/31/2019 5 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services. 5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTION 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information (“Confidential Information”). Confidential Information shall include: (i) Granicus’ Products and Services, (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. Subject to applicable law, each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party’s possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Party without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party’s Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Client provide such notice, Client must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Client. - Page 78 -Item #11. 12/31/2019 6 6.4. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus’ databases without some residual data because of backups. 7. Term and Termination 7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of each Order or SOW under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Order Term for the Granicus Products and Services provided under the respective Order or SOW. Client’s right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7 or Section 4.3. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the then-current Order Term, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year. 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWs shall immediately terminate as of the Agreement termination date. 7.3. Termination for Cause. The non-breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non-breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage of any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. In the event Client terminates this Agreement pursuant to this Section 7.3, Client will be entitled to a refund of any prepaid fees prorated from the effective date of the termination and will be relieved of obligations under Section 7.4. 7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Client shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination. 7.5. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 8. Limitation of Liability 8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CLIENT NOR GRANICUS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, - Page 79 -Item #11. 12/31/2019 7 PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. Neither GRANICUS nor Client SHALL BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CLIENT’S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9. Indemnification 9.1. Indemnification by Granicus. Granicus will defend Client from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement (“Claims”) and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, “Losses,” and including reasonable attorneys’ fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, non- appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion: (a) replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non-infringing; or (c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Client any prepaid fees for the then-remaining or unexpired portion of the Order or SOW term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to any solution by Client (or by anyone under Client’s direction or control or using logins or passwords assigned to Client); (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; or (iii) Client’s use (or use by anyone under Client’s direction or control or using logins or passwords assigned to Client) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party. 9.2. Indemnification by Client. Intentionally omitted. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) Client shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) Client shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, Client may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party’s prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner - Page 80 -Item #11. 12/31/2019 8 that imposes any obligations upon the Client without the prior written consent of the indemnified Party. 10. General 10.1. Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.3. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. 10.4. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.5. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 10.6. No Third-Party Beneficiaries. Subject to Section 10.5 this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 10.7. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: Granicus Tybee Island, Georgia ATTN: Contracts ATTN: Address: 408 St. Peter Street Suite 600 Saint Paul, MN 55102 Address: - Page 81 -Item #11. 12/31/2019 9 Phone: (651) 757-4154 Phone: Email: contracts@granicus.com Email: 10.8. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack, unless caused by Granicus; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 10.9. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Georgia, without reference to the State’s principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Chatham County, Georgia. 10.10. Entire Agreement. This Agreement, together with all Orders or SOWs referenced herein, the RFP issued by Client and Granicus’ response to the RFP, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Client agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other purchase documents; (4) Granicus response to Client’s request for RFI, RFP, RFQ; and (5) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Upon request, Granicus shall reference a purchase order number on its invoices, provided, however, that Client acknowledges that it is Client’s responsibility to provide the corresponding purchase order information (including a purchase order number) to Granicus upon the creation of such a purchase order. Client agrees that a failure to provide Granicus with the corresponding purchase order shall not relieve Client of its obligations to provide payment to Granicus pursuant to Section 4.1 above. 10.11. Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client’s name and logo in Client lists and marketing materials. 10.12. Injunctive Relief. Intentionally omitted. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly- authorized representatives on the Effective Date as set forth above. Granicus Tybee Island, Georgia By: By: (Authorized Signature) (Authorized Signature) Name: Name: (Print or Type Name of Signatory) (Print or Type Name of Signatory) - Page 82 -Item #11. 12/31/2019 10 4826-9457-0186.1 Title: Title: Date: Date: (Execution Date) (Execution Date) Attachment(s): Exhibit A (Proposal) - Page 83 -Item #11. Granicus Proposal for Tybee Island, GA Granicus Contact Name:Jean Chavannes Phone:(415) 278-7590 Email:jean.chavannes@hostcompliance.com Proposal Details Quote Number:Q-107956 Prepared On:9/9/2020 Valid Through:9/30/2020 Pricing Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Currency:USD Period of Performance:The term of the Agreement will commence on the date this document is signed and will continue for 12 months. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Tax Collection - Online Training Up Front 1 Each $0.00 Tax Collection - Setup and Configuration Up Front 1 Each $0.00 Rental Activity Monitoring - Online Training Up Front 1 Each $0.00 Rental Activity Monitoring - Setup and Configuration Up Front 1 Each $0.00 Mobile Permitting & Registration - Online Training Up Front 1 Each $0.00 Mobile Permitting & Registration - Setup and Configuration Up Front 1 Each $0.00 24/7 Hotline - Online Training Up Front 1 Each $0.00 24/7 Hotline - Setup and Configuration Up Front 1 Each $0.00 Compliance Monitoring - Online Training Up Front 1 Each $0.00 Compliance Monitoring - Setup and Configuration Up Front 1 Each $0.00 Address Identification - Online Training Up Front 1 Each $0.00 SUBTOTAL:$0.00 Exhibit A - Page 84 -Item #11. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Address Identification - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL:$0.00 Annual Fees for New Subscriptions Solution Billing Frequency Quantity/Unit Annual Fee Tax Collection Annual 1,398 Rental Units $11,184.00 Rental Activity Monitoring Annual 1,398 Rental Units $20,970.00 Mobile Permitting & Registration Annual 1,398 Rental Units $11,184.00 24/7 Hotline Annual 1,398 Rental Units $12,582.00 Compliance Monitoring Annual 1,398 Rental Units $15,727.50 Address Identification Annual 2,259 Rental Listings $50,827.50 SUBTOTAL:$122,475.00 Product Descriptions Name Description Tax Collection - Online Training Virtual training session with a Granicus professional services trainer. Tax Collection - Setup and Configuration Setup and configuration of mobile-enabled online forms and back-end systems for streamlining the monthly/quarterly collection of taxes from individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation Rental Activity Monitoring - Online Training Virtual training session with a Granicus professional services trainer. Rental Activity Monitoring - Setup and Configuration Setup and configuration of ongoing monitoring of Short-term Rental listings for signs of rental activity. - Page 85 -Item #11. Product Descriptions Name Description Mobile Permitting & Registration - Online Training Virtual training session with a Granicus professional services trainer. Mobile Permitting & Registration - Setup and Configuration Setup and configuration of mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation 24/7 Hotline - Online Training Virtual training session with a Granicus professional services trainer. 24/7 Hotline - Setup and Configuration Setup and configuration of the online platform to enable neighbors to report, prove and get instant resolution to non-emergency short-term rental related problems. Tax Collection Tax collection and tracking solution for short-term rentals. Rental Activity Monitoring Ongoing monitoring of Short-term Rental listings for signs of rental activity. Makes it easy to identify highly utilized properties, high-grossing short-term rental properties and other high value tax audit candidates Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/ permitting of individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation 24/7 Hotline Mobile-enabled online platform for neighbors to report, prove and get instant resolution to non-emergency short-term rental related problems. Rental listings are defined as advertisements on short term rental sites (Airbnb, VRBO, etc.) Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. Compliance Monitoring - Online Training Virtual training session with a Granicus professional services trainer. Compliance Monitoring - Setup and Configuration Setup and configuration of the system to enable ongoing monitoring of a specific jurisdiction's short-term rentals for compliance with the relevant registration/licensing/permitting requirements. - Page 86 -Item #11. Product Descriptions Name Description Compliance Monitoring Ongoing monitoring of a specific jurisdiction's short-term rentals for compliance with the relevant registration/licensing/permitting requirements. In practice this involves the matching and cross-referencing of Host Compliance's always up-to-date database of actively listed short- term rentals, with the jurisdiction's database of properly registered/licensed/permitted short- term rentals. Rental units are defined as the physical spaces that are being rented out, and often called properties Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. Address Identification - Online Training Virtual training session with a Granicus professional services trainer. Address Identification - Setup and Configuration Setup and configuration of the platform to facilitate the systematic identification of the addresses and owner's contact information for short-term rentals located in a specific local government's jurisdiction. Address Identification Service to systematically identify the addresses and owner's contact information for short-term rentals located in a specific local government's jurisdiction. Data provided in the form of a online software platform which makes it easy to access the complete property and owner address information and screenshots for all identifiable short-term rental units - Please note this service builds on the Listing Data Collection products listed above, and such services must also be purchased for the Address Identification Module to work. Rental listings are defined as advertisements on short term rental sites (Airbnb, VRBO, etc.) Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. - Page 87 -Item #11. Terms and Conditions • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Tybee Island, GA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote Q-107956 dated 9/9/2020 are incorporated into this Purchase Order by reference. • Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. - Page 88 -Item #11. Granicus Proposal for Tybee Island, GA Granicus Contact Name:Jean Chavannes Phone:(415) 278-7590 Email:jean.chavannes@hostcompliance.com Proposal Details Quote Number:Q-107956 Prepared On:9/9/2020 Valid Through:9/30/2020 Pricing Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Currency:USD Period of Performance:The term of the Agreement will commence on the date this document is signed and will continue for 12 months. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Tax Collection - Online Training Up Front 1 Each $0.00 Tax Collection - Setup and Configuration Up Front 1 Each $0.00 Rental Activity Monitoring - Online Training Up Front 1 Each $0.00 Rental Activity Monitoring - Setup and Configuration Up Front 1 Each $0.00 Mobile Permitting & Registration - Online Training Up Front 1 Each $0.00 Mobile Permitting & Registration - Setup and Configuration Up Front 1 Each $0.00 24/7 Hotline - Online Training Up Front 1 Each $0.00 24/7 Hotline - Setup and Configuration Up Front 1 Each $0.00 Compliance Monitoring - Online Training Up Front 1 Each $0.00 Compliance Monitoring - Setup and Configuration Up Front 1 Each $0.00 Address Identification - Online Training Up Front 1 Each $0.00 SUBTOTAL:$0.00 - Page 89 -Item #11. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Address Identification - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL:$0.00 Annual Fees for New Subscriptions Solution Billing Frequency Quantity/Unit Annual Fee Tax Collection Annual 1,398 Rental Units $11,184.00 Rental Activity Monitoring Annual 1,398 Rental Units $20,970.00 Mobile Permitting & Registration Annual 1,398 Rental Units $11,184.00 24/7 Hotline Annual 1,398 Rental Units $12,582.00 Compliance Monitoring Annual 1,398 Rental Units $15,727.50 Address Identification Annual 2,259 Rental Listings $50,827.50 SUBTOTAL:$122,475.00 Product Descriptions Name Description Tax Collection - Online Training Virtual training session with a Granicus professional services trainer. Tax Collection - Setup and Configuration Setup and configuration of mobile-enabled online forms and back-end systems for streamlining the monthly/quarterly collection of taxes from individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation Rental Activity Monitoring - Online Training Virtual training session with a Granicus professional services trainer. Rental Activity Monitoring - Setup and Configuration Setup and configuration of ongoing monitoring of Short-term Rental listings for signs of rental activity. - Page 90 -Item #11. Product Descriptions Name Description Mobile Permitting & Registration - Online Training Virtual training session with a Granicus professional services trainer. Mobile Permitting & Registration - Setup and Configuration Setup and configuration of mobile-enabled online forms and back-end systems for streamlining the registration/licensing/permitting of individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation 24/7 Hotline - Online Training Virtual training session with a Granicus professional services trainer. 24/7 Hotline - Setup and Configuration Setup and configuration of the online platform to enable neighbors to report, prove and get instant resolution to non-emergency short-term rental related problems. Tax Collection Tax collection and tracking solution for short-term rentals. Rental Activity Monitoring Ongoing monitoring of Short-term Rental listings for signs of rental activity. Makes it easy to identify highly utilized properties, high-grossing short-term rental properties and other high value tax audit candidates Mobile Permitting & Registration Mobile-enabled online forms and back-end systems for streamlining the registration/licensing/ permitting of individual short-term rental hosts and capturing and processing the associated signatures, payments and required documentation 24/7 Hotline Mobile-enabled online platform for neighbors to report, prove and get instant resolution to non-emergency short-term rental related problems. Rental listings are defined as advertisements on short term rental sites (Airbnb, VRBO, etc.) Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. Compliance Monitoring - Online Training Virtual training session with a Granicus professional services trainer. Compliance Monitoring - Setup and Configuration Setup and configuration of the system to enable ongoing monitoring of a specific jurisdiction's short-term rentals for compliance with the relevant registration/licensing/permitting requirements. - Page 91 -Item #11. Product Descriptions Name Description Compliance Monitoring Ongoing monitoring of a specific jurisdiction's short-term rentals for compliance with the relevant registration/licensing/permitting requirements. In practice this involves the matching and cross-referencing of Host Compliance's always up-to-date database of actively listed short- term rentals, with the jurisdiction's database of properly registered/licensed/permitted short- term rentals. Rental units are defined as the physical spaces that are being rented out, and often called properties Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. Address Identification - Online Training Virtual training session with a Granicus professional services trainer. Address Identification - Setup and Configuration Setup and configuration of the platform to facilitate the systematic identification of the addresses and owner's contact information for short-term rentals located in a specific local government's jurisdiction. Address Identification Service to systematically identify the addresses and owner's contact information for short-term rentals located in a specific local government's jurisdiction. Data provided in the form of a online software platform which makes it easy to access the complete property and owner address information and screenshots for all identifiable short-term rental units - Please note this service builds on the Listing Data Collection products listed above, and such services must also be purchased for the Address Identification Module to work. Rental listings are defined as advertisements on short term rental sites (Airbnb, VRBO, etc.) Rental units and Rental listing quantities reflect a monthly average from the previous 10-12 months based on the availability of data. - Page 92 -Item #11. Terms and Conditions •Link to Terms:https://granicus.com/pdfs/Master_Subscription_Agreement.pdf •This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Tybee Island, GA to provide applicable exemption certificate(s). •Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. •If submitting a Purchase Order, please include the following language: All pricing, terms and conditions of quote Q-107956 dated 9/9/2020 are incorporated into this Purchase Order by reference. •Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the services outlined within this Agreement. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Billing Information Name: Phone: Email: Address: Tybee Island, GA Signature: Name: Title: Date: - Page 93 -Item #11. Page 1 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee’s authorization to work in the United States after completion of the Form I-9, Employment Eligibility Verification (Form I-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the “E-Verify browser” refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E-Verify prior to completion and acceptance of its Web Services interface, then it must use the E-Verify browser until it is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with E-Verify. DHS accepts no liability relating to the Web Services Employer’s development or maintenance of any Web Services access system. 1208595 The parties to this Agreement are the Department of Homeland Security (DHS) and Granicus, LLC (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. - Page 94 -Item #11. Page 2 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE WEB SERVICES EMPLOYER 1. By enrolling in E-Verify and signing the applicable MOU, the Web Services Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations, and DHS policies and procedures relating to the use of E-Verify. 2. The Web Services Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 3. The Web Services Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Web Services Employer representatives to be contacted about E-Verify. The Web Services Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 4. The Web Services Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Web Services Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 5. The Web Services Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Web Services Employer will ensure that outdated manuals are promptly replaced with the new version of the E-Verify User Manual when it becomes available. 6. The Web Services Employer agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 7. The Web Services Employer agrees that any of its representatives who will create E-Verify cases will complete the E-Verify Tutorial before creating any cases. a. The Web Services Employer agrees that all of its representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services Employer agrees to comply with current Form I-9 procedures, with two 1208595 - Page 95 -Item #11. Page 3 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: exceptions: a. If an employee presents a "List B" identity document, the Web Services Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Web Services Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Web Services Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Web Services Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 11. The Web Services Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 12. The Web Services Employer agrees that, although it participates in E-Verify, the Web Services Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The f ollowing modified requirements are the only exceptions to a Web Services Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When a Web Services Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, it establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Web Services Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Web Services Employer must notify DHS and the Web Services Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Web Services Employer continues to employ an employee after receiving a final nonconfirmation, then the Web Services Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of 1208595 - Page 96 -Item #11. Page 4 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: E-Verif y. 13. The Web Services Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three day time period is not extended. In such a case, the Web Services Employer must use the E-Verify browser during the outage. 14. The Web Services Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 15. The Web Services Employer must use E-Verify for all new employees. The Web Services Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 16. The Web Services Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Web Services Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Web Services Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Web Services Employer must allow employees to contest the finding, and not tak e adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 17. The Web Services Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Web Services Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment 1208595 - Page 97 -Item #11. Page 5 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconf irmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Web Services Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 18. The Web Services Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Web Services Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Web Services Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Web Services Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Web Services Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Web Services Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 19. The Web Services Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Web Services Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Web Services Employer who are authorized to perform the Web Services Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 20. The W eb Services Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 21. The Web Services Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 1208595 - Page 98 -Item #11. Page 6 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 22. The Web Services Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services Employer agrees to cooperate with DHS if DHS requests information about the Web Services Employer’s interface, including requests by DHS to view the actual interface operated by the Web Services Employer as well as related business documents. The Web Services Employer agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. 23. The Web Services Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 24. The Web Services Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 25. The Web Services Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 26. The Web Services Employer agrees to complete its Web Services interface no later than six months after the date the Web Services Employer signs this MOU. E-Verify considers the interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 27. The Web Services Employer agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services Employers should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 28. The Web Services Employer agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation 1208595 - Page 99 -Item #11. Page 7 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services Employer understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services Employer’s agreement and access. 29. The Web Services Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. EMPLOYERS THAT ARE FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE NOTE: If you do not have any Federal contracts at this time, this section does not apply to your company. In the future, if you are awarded a Federal contract that contains the FAR E-Verify clause, then you must comply with each provision in this Section. See 48 C.F.R. 52.222.54 for the text of the FAR E-Verify clause and the E-Verify Supplemental Guide for Federal Contractors for complete information. 1. If the Web Services Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Web Services Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Web Services Employer, the Employer may not create a second case for the employee through E-Verify. a. A Web Services Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Web Services Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Web Services Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Web Services Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. b. Web Services Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Web Services Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Web Services Employer must, within 90 days of enrollment, begin to use E-Verify to initiate 1208595 - Page 100 -Item #11. Page 8 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. A Web Services Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Web Services Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Web Services Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Web Services Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Web Services Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Web Services Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Web Services Employer shall complete a new Form I-9 consistent with Article II.A.10 or update the previous Form I-9 to provide the necessary information if: i. The Web Services Employer cannot determine that Form I-9 complies with Article II.A.10, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.A.10, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Web Services Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. 1208595 - Page 101 -Item #11. Page 9 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: g. The Web Services Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Web Services Employer that is not a Federal contractor based on this Article. 3. The Web Services Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Web Services Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Web Services Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Web Services Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Web Services Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If a Web Services Employer experiences technical problems, or has a policy question, the Web Services Employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Web Services Employer access to selected data from DHS databases to enable the Web Services Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on employees by electronic means, and b. Photo verification checks (when available) on employees. 1208595 - Page 102 -Item #11. Page 10 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 2. DHS agrees to provide to the Web Services Employer appropriate assistance with operational problems that may arise during the Web Services Employer's participation in the E-Verify program. DHS agrees to provide the Web Services Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Web Services Employer at the E-Verify Web site (www.dhs.gov/E-Verify) and on the E-Verify Web browser (https://e-verify.uscis.gov/emp/), instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Web Services Employer a notice that indicates the Web Services Employer's participation in the E-Verify program. DHS also agrees to provide to the Web Services Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Web Services Employer a user identification number and password that permits the Employer to verify information provided by its employees with DHS. 6. DHS agrees to safeguard the information provided to DHS by the Web Services Employer, and to limit access to such information to individuals responsible for the verification of employees’ employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal or anti-discrimination laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 9. DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 10. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services 1208595 - Page 103 -Item #11. Page 11 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 11. DHS agrees to provide to the Web Services Employer guidance on breach notification and a means by which the Web Services Employer can report any and all suspected or confirmed breaches of owned or used systems or data spills related to E-Verify cases. At this time, if the Employer encounters a suspected or confirmed breach or data spill, it should contact E-Verify at 1-888-464-4218. 12. In the event the Web Services Employer is subject to penalties, DHS will issue a Notice of Adverse Action that describes the specific violations if it intends to suspend or terminate the employer’s Web Services interface access. The Web Services Employer agrees that DHS shall not be liable for any financial losses to the Web Services Employer, its employees, or any other party as a result of your account suspension or termination and agrees to hold DHS harmless from any such claims. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Web Services Employer receives a tentative nonconfirmation issued by SSA, the Web Services Employer must print the notice and promptly provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Web Services Employer must review the tentative nonconfirmation with the employee in private. After the notice has been signed, the Web Services Employer must give a copy of the signed notice to the employee and attach a copy to the employee’s Form I-9. 2. The Web Services Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Web Services Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Web Services Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Web Services Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Web Services Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Web Services Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. 1208595 - Page 104 -Item #11. Page 12 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: B. REFERRAL TO DHS 1. If the Web Services Employer receives a tentative nonconfirmation issued by DHS, the Web Services Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Web Services Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Web Services Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Web Services Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Web Services Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Web Services Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Web Services Employer finds a photo mismatch, the Web Services Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Web Services Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Web Services Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Web Services Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Web Services Employer agrees to check the E-Verify system regularly for case updates. 10. DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). 1208595 - Page 105 -Item #11. Page 13 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 11. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services Employers must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. b. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2. The Web Services Employer agrees to update its Web Services interface to the satisfaction of DHS or its assignees to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form 1208595 - Page 106 -Item #11. Page 14 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: of an Interface Control Agreement (ICA). The Web Services Employer agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3. The Web Services Employer agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4. The Web Services Employer acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update, then the Web Services Employer’s E-Verify account may be suspended, and support for previous releases of E-Verif y may no longer be available to the Web Services Employer. The Web Services Employer also acknowledges that DHS may suspend its account after the six-month period has elapsed. 5. The Web Services Employer agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 6. The Web Services Employer agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services Employer and DHS. 7. DHS will not reimburse any Web Services Employer or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. Tf the Web Services Employer includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services Employers performing verification services under this MOU must ensure that information that is shared between the Web Services Employer and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services Employer agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web Services Employer; 1208595 - Page 107 -Item #11. Page 15 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services Employer’s personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information-sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services Employer’s application. 12. Web Services Employers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services Employers must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services Employer agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU 1208595 - Page 108 -Item #11. Page 16 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services Employer representatives identified above. 5. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services Employers whose interfaces do not support the Form I-9 from 2/2/2009 or 8/7/2009 agree to use the E-Verify browser until the system upgrade is completed. 6. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update. The Web Services Employer can resume use of its interface once it is up-to-date, unless the Web Services Employer has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. The Web Services Employer agrees to develop an electronic system that is not subject to any agreement or other requirement that would restrict access and use by an agency of the United States. 2. The Web Services Employer agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services Employer agrees to develop an inspection and quality assurance program that regularly (at least once per year) evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services Employer agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services Employer agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, and other written, photographic and graphic materials. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant’s Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article V.C.1. Reporting such breaches does not relieve the Web Services Employer from further 1208595 - Page 109 -Item #11. Page 17 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: requirements as directed by state and local law. The Web Services Employer is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. S OFTWARE DEVELOPMENT RESTRICTIONS 1. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E -Verify procedures. 2. Employers are prohibited from Web Services Software development unless they also create cases in E-Verify to verify their new hires’ work authorization. Those pursuing software development without intending to use E-Verify are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services Employer or Web Services E-Verify Employer Agent . F. PENALTIES 1. The Web Services Employer agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services Employer, its clients, or any other party as a result of account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services Employer, or a failure on the part of either party to comply with established E -Verify procedures and/or legal requirements. The Web Services Employer understands that if it is a Federal contractor, termination of this MOU by any party 1208595 - Page 110 -Item #11. Page 18 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: for an y reason may negatively affect the performance of its contractual responsibilities. Similarly, the Web Services Employer understands that if it is in a state where E -Verify is mandatory, termination of this by any party MOU may negatively affect the Web Services Employer’s business. 3.A Web Services Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such cases, the Web Services Employer must provide written notice to DHS. If the Web Services Employer fails to provide such notice, then that Web Services Employer will remain an E -Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4.The Web Services Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Web Services Employer or the Employer is terminated from E -Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilit ies as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services Employer, its agents, officers, or employees. C. The Web Services Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU wit hout the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services Employer and any other person or entity reg arding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services Employer. E. The Web Services Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Web Services Employer and DHS respectively. The Web Services Employer understands that any inaccurate statement, representation, data or other information provided to DHS 1208595 - Page 111 -Item #11. Page 19 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: may subject the Web Services Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Web Services Employer. Approved by: Web Services Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 1208595 Granicus, LLC Jennalee M Poulsen Electronically Signed 06/21/2017 USCIS Verification Division Electronically Signed 06/27/2017 - Page 112 -Item #11. Page 20 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1208595 Granicus, LLC 408 St. Peter Street Suite 600 Saint Paul, MN 55102 RAMSEY 411941088 541 100 to 499 1 - Page 113 -Item #11. Page 21 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 1208595 MINNESOTA 1 site(s) - Page 114 -Item #11. Page 22 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 1208595 Name Carrie Cisek Phone Number (651) 757 - 4114 Fax Number Email Address Carrie.Cisek@granicus.com Name Jaidyn Martin Phone Number (651) 757 - 4142 Fax Number Email Address Jaidyn.Martin@granicus.com Name Jennalee M Poulsen Phone Number (651) 726 - 7313 Fax Number Email Address Jen.Poulsen@granicus.com - Page 115 -Item #11. Page 23 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 1208595 Page intentionally left blank - Page 116 -Item #11. File Attachments for Item: 12. Second Reading, 2020-13, Disorderly Household and Administrative Fine Offenses - Page 117 -Item #12. ORDINANCE NO. 2020-16 A AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 22-33 ET SEQ REGARDING DISORDERLY HOUSE NUISANCE CODE TO ESTABLISH THAT VIOLATIONS OF ADMINISTRATIVE PENALTIES ENFORCED AS OTHERWISE PROVIDED IN THE CODE SHALL BE APPLICABLE TO VIOLATION NOTICES FOR PURPOSES OF THE DISORDERLY HOUSE NUISANCE ORDINANCE 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 ordinances under its police and home rule powers; and WHEREAS, the City of Tybee Island has previously adopted a disorderly house ordinance number 04-2019 on May 9, 2019 codified at Section 22-33, et seq.; and WHEREAS, the provisions of the disorderly house ordinance include penalties and abatement of penalty provisions; and WHEREAS, the City has also adopted an ordinance imposing administrative civil penalties for certain offenses, to wit: ordinance 2020-3, codified as Section 43.1, through 43.3; and WHEREAS, it is in the interest of the residents of the City of Tybee Island as well as the interest of those engaged in the business of providing accommodations for visitors and for the visitors that amendments to ordinances are necessary and proper; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island as follows: - Page 118 -Item #12. SECTION I That Code Section 22-34 Disorderly House Nuisance defined shall be amended so that it will hereafter include a Subsection (7) to read as follows: (7) For purposes of this Section and this Article, an administrative citation resulting in the recipient paying a penalty as provided under Ordinance number 2020-03, Section 43.1, et seq. as a civil penalty shall be considered a violation hereunder and specifically any provision of Chapter 10 of the Code, Chapter 22 of the Code and/or Chapter 42 of the Code which results in an administrative citation and a civil penalty being imposed shall be considered a violation hereunder and potentially grounds for a determination that a location is a disorderl y house nuisance. Further, a violation of the Noise Ordinance – Section 22 – 110, et seq. as now existing or as hereafter amended whether as a criminal charge resulting in a finding of guilt or a guilty plea or as a Civil Administrative Citation resulting in a finding of a violation. SECTION II That Ordinance 2020-03, Section 43.1(b) shall hereafter include as "other ordinances subject to civil penalties" the following: Offenses contained in Chapters 10, 22 and 42 of the Code of Ordinances as now existing or as hereafter amended, and listed below shall be included as subject to civil penalties: Chapter 10 Dogs running at large (10-2) Animals kept in unsanitary conditions (10-3) Animal buildings less than 25 ft. from any occupied building (10-4) Barking, howling dogs (10-5 – Nuisances) Animal cruelty (10-10) Birds and Wildlife/Nuisance (10-9) Animal neglect (10-13) Animal tethering (10-14) Animal unattended in parked car (10-16) Chapter 22 Nuisances Nuisances Declared (22-29(a)(1)-(12)) - Page 119 -Item #12. Noises (22-112, et seq.) Littering (22-167) Building waste accumulation (22-169) Weeds and other growth (22-172) Failure to remove weeds (22-173) Storage practices (22-192) Chapter 42 Offenses and Miscellaneous Damaging or defacing public property (42-1) Glass in public areas (42-3) Disorderly conduct (42-60) Public nudity (42-107, 12-1 (a)(12)) Sleeping in public areas (42-63) Littering (42-64) Noise from vehicle (42-61) Public fireworks (42-66) This Ordinance shall become effective on ________ day of __________________, 2020. ADOPTED THIS __ DAY OF ___ , 2020. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: - Page 120 -Item #12. File Attachments for Item: 13. Second Reading, 2020-19, Mask/Face Covering in City Buildings Operated by the City - Page 121 -Item #13. ORDINANCE AN ORDINANCE BY THE MAYOR AND COUNCIL REQUIRING THE USE OF MASKS OR FACE COVERINGS IN PROPERTY OWNED AND OCCUPIED BY THE CITY FOR MUNICIPAL AND RECREATIONAL, PURPOSES DURING THE COVID-19 OUTBREAK WHEREAS, the novel coronavirus, an infectious virus known to cause the respiratory disease “COVID-19” can spread from person to person, and can result in no symptoms, minor symptoms, or serious illness causing permanent organ damage and death; WHEREAS, individuals age 65 or over or living with certain medical conditions identified by the CDC (members of Vulnerable Populations) and members of other populations identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm to health or death from COVID-19; WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to some children; WHEREAS, on March 14, 2020, Governor Brian Kemp declared a Public Health State of Emergency in Georgia, and renewed this declaration multiple times to present date; WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has noted that COVID-19 spreads very easily and sustainably when an infected person (who may have no symptoms at all, or minor symptoms) talks, sneezes, or coughs in close proximity with others (within six feet); WHEREAS, the Governor’s Executive Orders require Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working; WHEREAS, many City employees and many members of the public who visit City Hall and other City buildings may be members of Vulnerable Populations; WHEREAS, some City employees and many members of the public who visit City Hall and other City properties are members of the following “Other Populations at Risk” identified by the CDC: pregnant women, individuals experiencing homelessness, people with disabilities, and racial and ethnic minorities; WHEREAS, the Mayor and Council desire to protect individuals in said Vulnerable Populations and Other Populations at Risk, in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are working in, conducting business in, or visiting City Hall and other City buildings; - Page 122 -Item #13. WHEREAS, the CDC, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health), and Governor Kemp recommend that individuals wear face coverings over the nose and mouth to mitigate the spread of COVID-19 when they are in public places where they cannot practice social distancing (i.e., stay at least six feet away from other individuals who do not share the same household); and WHEREAS, the CDC states that wearing a face covering over the nose and mouth is a recommended precaution designed to prevent symptomatic and asymptomatic individuals who have contracted COVID-19 from spreading it to other individuals; and WHEREAS, to be an effective precaution, it is necessary to require all City employees and members of the public to wear a face covering over the nose and mouth while in public areas in City buildings and while meeting in City buildings; and WHEREAS Dr. Toomey and Governor Kemp have modeled the behavior of wearing face coverings as examples for Georgians to follow; and WHEREAS, having City Hall and other City offices open and accessible to the public as necessary to conduct in-person business that cannot be conducted by other means is important for the economic vitality of the City; WHEREAS, certain activities, such as discussing and reviewing construction and other permits, benefit from or require face-to-face interactions between City employees and other individuals; WHEREAS, if a City employee is exposed to the novel coronavirus, by an individual visiting a City building or otherwise, in accordance with CDC guidance such employee will need to quarantine at home for at least 14 days; WHEREAS, if a City employee is diagnosed with COVID -19 or develops COVID-19 symptoms, such employee will be required to isolate at home in accordance with CDC guidance; WHEREAS, O.C.G.A. §36-35-3 allows city governments to establish rules for use of and access to its own property for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; WHEREAS, the City is authorized to establish policies for how the public can access City buildings during the Public Health State of Emergency and thereafter, including closing City buildings, or opening City buildings to the public but placing restrictions on public access; and WHEREAS, the City has made and continues to make efforts to reduce the need for members of the public to physically visit City Hall and other City buildings to interact with City employees, pay bills, and conduct other business with the City; - Page 123 -Item #13. WHEREAS, the City intends to assist its employees and the public with mitigating the spread of COVID-19 in City buildings by providing hand sanitizer, designating an entrance door and an exit door, disinfecting common surfaces regularly, prohibiting handshaking, and encouraging social distancing of non-cohabitating persons, as well as other mitigating measures; WHEREAS, despite these precautions, the City recognizes that it is not always possible to ensure social distancing within the City buildings; and WHEREAS, the following actions are necessary and appropriate to balance the public’s interest in having access to City buildings for the conduct of business and other purposes with the compelling public interest of providing for the health, safety and welfare of the City’s employees and individuals who visit City Hall and other City buildings and preventing an outbreak of COVID-19 in the City and the surrounding community. NOW THEREFORE it is hereby ordained, by the governing authority of the City of Tybee Island that for the protection of members of the public and other City employees, including members of Vulnerable Populations and members of Other Populations at Risk, City employees are required to wear face coverings over the nose and mouth, which face coverings are cloth face coverings as defined by the CDC or are face coverings designed to protect others from infection by the wearer, when in public areas of City buildings and when participating in physical meetings with other individuals within non-public areas of City buildings. BE IT FURTHER ORDAINED, that for the protection of members of the public and City employees, including members of Vulnerable Populations and members of Other Populations at Risk, members of the public are required to wear face coverings over the nose and mouth, which face coverings are cloth face coverings as defined by the CDC or are face coverings designed to protect others from infection by the wearer, when entering and while inside City buildings except as expressly stated in a separate policy, order or law, if any, that applies to certain uses of portions of City buildings, such as courtrooms and polling locations. BE IT FURTHER ORDAINED, that the City will communicate ways to perform city business that do not require entry into a City building. BE IT FURTHER ORDAINED, for City business that must be done in person, the City will take reasonable steps to provide such in-person service to members of the public who affirm they cannot wear a face covering because they are physically unable to remove such a face covering, have trouble breathing, or must be accompanied by children under age two. BE IT FURTHER ORDAINED, that the City will communicate the types of acceptable face coverings required for entry into City buildings and instructions by the CDC about how to make such face coverings easily and inexpensively. - Page 124 -Item #13. BE IT FURTHER ORDAINED, that the City will display information from the CDC explaining or illustrating the proper way to wear and remove face coverings. BE IT FURTHER ORDAINED, that the City will attempt to provide face coverings to individuals visiting City buildings who do not otherwise have a face covering that meets these requirements. BE IT FURTHER ORDAINED, that this ordinance is effective and fully enforceable, however, since it is temporary and emergency in nature and directed to a specific virus, it need not be codified permanently but is of full force and effect until no longer in force. SO ORDAINED, this ________ day of _______________________, 2020. MAYOR AND COUNCIL CITY OF TYBEE ISLAND, GEORGIA Mayor ATTEST: City Clerk - Page 125 -Item #13. File Attachments for Item: 15. Monty Parks:  Increase in Annual Liquor License Renewal Fees - Page 126 -Item #15. Municipality Renewal Amount Clayton County $4,000 Dekalb $6,000 Johns Creek $4,750 Atlanta $5,000 Duluth $3,500 Savannah $3075 plus fees Athens $5,140 Macon $3,600 - Page 127 -Item #15. File Attachments for Item: 16. Shawn Gillen:  Retirement Incentive - Page 128 -Item #16. Retirees Salary Savings as of Oct 31, 2020 Incentive COBRA EMP Total Incentive Package Fund 100 Bryson 93,849 10,000 12,150 22,150 Carpenter 73,926 10,000 12,150 22,150 Elliott 64,963 10,000 12,150 22,150 LeViner 51,242 10,000 12,150 22,150 Moseley 74,911 10,000 12,150 22,150 Ryerson 49,740 10,000 12,150 22,150 Shaver 31,762 10,000 12,150 22,150 Wells 51,198 10,000 12,150 22,150 Total 491,591 80,000 97,200 177,200 Fund 215 George 48,845 10,000 12,150 22,150 M Smith 38,321 10,000 12,150 22,150 Total 87,166 20,000 24,300 44,300 Fund 505 Dowell 54,105 10,000 12,150 22,150 Total 54,105 10,000 12,150 22,150 Total Savings 100 Fund:314,391 Total Savings 215 Fund:42,866 Total Savings 2505 Fund:31,955 Total Savings:389,212 - Page 129 -Item #16. MAYOR Shirley Sessions CITY COUNCIL Barry Brown John Branigin Jay Burke Nancy DeVetter Michael ‘Spec’ Hosti Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CITY CLERK 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 MEMORANDUM To: Mayor Sessions and the Tybee Island City Council From: City Manager Shawn Gillen Date: August 8th, 2020 Subject: Early Retirement Proposal The following is an explanation of a proposed early retirement program. The proposal is to use the Rule of 75 combined with a cash payout. Early retirement through our pension would require us to ask GMA to allow this to occur. It would work as follows. To meet the “Rule of 75” an employee’s years of service plus their age must be equal to or greater than 75. For example if an employee is 55 years old and has 20 years of service (55 + 20 = 75), then the employee qualifies for early retirement. Currently, if an employee retires before they are 65 years old (55 for Police), they do not receive the full monthly benefit that they would receive if they retired after 65 (55 for Police). Under the “Early Retirement” scenario the employee would receive the full monthly benefit as long as their age and years of service total 75. The second piece of this proposal is a cash payout to incentivize people to take the offer. The cash payout proposed is $10,000 per employee. There are five employees who are currently eligible to retire and six employees who would be eligible under the Rule of 75. The total potential upfront cost for this proposal is $110,000. The $10,000 number was derived from the benefit differential between the tiers of the pension system. For example, if an employee retires with ten years of service, let’s say the monthly pension is $1,500. If that same employee retires at 20 years of service, the monthly benefit is $3000. If this employee has 26 years of service he/she may want to work another four years so as to receive the increased benefit for the remainder of their life. To come up with the cash payout number I calculated the present value of ten years of the differential between the benefit levels. Using an 8% discount rate in the calculation the PV ranges from $25,000 to $50,000. I then set the cash payout based on a percentage of the present value that resulted in a total up-front cost to the city that could be recaptured in a short amount of time through leaving positions vacant. That number was about 30% of the average present value of the differential benefit. This number could be increased or decreased depending on our opinion of the likelihood that it would attract some takers. - Page 130 -Item #16. P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Additionally, we will offer one year of COBRA health insurance premiums for single coverage. The cost of this incentive is $12,150 per employee or $97,000 for the year. The total cost of the early retirement incentive is $243,650. The total savings from the vacant positions from October to the end of the fiscal year is $389,212. There is a net savings in the current fiscal year with the potential savings of $389,212 in the following fiscal year, if we determine we need to reduce the budget due to the pandemic. The next question we need answer is why we are doing this. Why should we make an investment of $243,650110,000 so some of our longest tenured employees would leave our employment? The answer lies in the dynamic situation we are currently in due to the pandemic. We do not know where this pandemic is going or when it will end. There is a chance that we could go on full lockdown again for the end of the fiscal year, which would devastate our revenue stream. We were able to survive the shortfall this year, but we were operating on a much leaner general fund budget with little to no capital projects that could be deferred. Thus, we need a way to reduce costs. We will not have time to set up this process and get enough months of vacancy in the positions once the crisis is upon us. An early retirement incentive positions us so well because if enough people take it, we can leave positions vacant for however long we can or want to. This will create a budgetary surplus that will be there if and when we need it. The alternative to this is to do a reduction in force (RIF) when we get to a crisis point. By doing a voluntary early retirement plan we create the needed budgetary reductions without creating panic among the staff wondering who will be let go and who won’t during a crisis. Hopefully we will be through the pandemic and past the risk to our revenues by the end of the current fiscal year. I think it would be prudent to position ourselves to respond a crisis and then shift gears once the pandemic has passed. Early retirement incentives are hard not only because of the cost but also because of the hit we will take to the institution al knowledge of the organization. Although it will be a challenge I think we can survive the loss. We have been building a very strong leadership team and expanding our staff knowledge. We have been working through succession planning and have a lot of depth in each of our departments. The Council is being asked to approve moving forward with the early retirement offer with the $10,000 cash payout, the payment of one year of COBRA health insurance premiums for single coverage, and for the implementation to be completed as soon as possible. - Page 131 -Item #16. MAYOR Shirley Sessions CITY COUNCIL Barry Brown John Branigin Jay Burke Nancy DeVetter Michael ‘Spec’ Hosti Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CITY CLERK 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 MEMORANDUM To: Mayor Sessions and the Tybee Island City Council From: City Manager Shawn Gillen Date: Sept. 3rd, 2020 Subject: Early Retirement Proposal The retirement incentive program proposed at the last City Council Meeting consists of two parts. Part one is “Early Retirement.” This requires a change to the plan that will be drafted by GMA. The change allows for the ‘Rule of 75’ for early retirement. The second part is a financial incentive to encourage people to retire. The financial incentive is outlined in the attached memorandum. This is done separately from the early retirement because it is not part of the retirement system. Once approved by the council, those employees who are currently able to retire can accept the offer. Staff recommend that the offer be open to employees from the date of approval by council until the end of the forty-five day early retirement window. The forty-five day period is set by GMA and begins upon approval of the early retirement incentive. - Page 132 -Item #16. File Attachments for Item: 18. Planning Commission Minutes, August 17, 2020 - Page 133 -Item #18. PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Charles Matlock COMMUNITY DEVELOPMENT DIRECTOR Elaine T. McGruder George Shaw David McNaughton J. Whitley Reynolds CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES August 17, 2020 Chair Bishop called the August 17, 2020 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, Elaine T. McGruder, J. Whitley Reynolds, Alan Robertson and David McNaughton. Vice Chair Ron Bossick was absent. Consideration of Minutes: Chair Demery Bishop asked for consideration of the July 20, 2020 minutes. Commissioner Alan Robertson made a motion to approve. Commissioner Charles Matlock seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Demery Bishop asked if there were any Disclosures or Recusals. Commissioner J. Whitley Reynolds disclosed he did the original survey for item one. Chair Demery Bishop disclosed in the past he had a real-estate transaction with the owner from item one. Old Business: Commissioner Charles Matlock asked for an overview of how the short term rental working group was coming along. Chair Demery Bishop stated they have discussed having adequate short term vacation rental data of which the City is attempting to address and bring that to an RFP company to track and oversee. They also recommended some changes to the nuisance ordinance and asked that they go forward with that. He also stated that the notes are posted on the website. Every recommendation will be submitted as they finish to avoid having to many at one time to send to City Council. New Business: Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 – Paul Murach. George Shaw stated the applicant had a home and pool built at the same time and during the construction of the pool there were some problems with soils and the contractor moved the pool further toward the property line and it is now in the setback. This is why staff had applicant request the variance. Staff cannot support a pool so denial is recommended. Commissioner David McNaughton asked was this discovered in the as-built survey and has the pool contractor built on Tybee before. George Shaw stated yes on both. Commissioner David McNaughton also asked if the pool contractor was sighted or fined. George Shaw stated no they have not been sighted. Paul Murach who owns at 409 Tybrisa Street approached the Planning Commission and stated he would like to give a packet to the commission members and handed them out. He then stated that neither he nor any of the contractors did willfully intend to break the City setback ordinance. He stated he only became aware of setback encroachment on the as- built dated July 22, 2020. He also stated that his neighbor on the side of the - Page 134 -Item #18. pool has no problem with it being there. Commissioner David McNaughton asked if the property is for sale. Mr. Murach stated yes. Commissioner Alan Robertson made a motion to approve with a recommendation to discipline the building contractor and the pool contractor with a financial penalty of up to 1,000.00. Commissioner J. Whitley Reynolds seconded. The vote was 3 for the motion, Commissioners David McNaughton, J. Whitley Reynolds and Alan Robertson and 2 against the motion Commissioners Charles Matlock and Elaine McGruder. The vote to approve passed. Sit Plan: requesting office and warehouse expansion – 201 McKenzie Ave. – 4002602011 - Zone C- 2 – 201 McKenzie St. LLC. George Shaw stated the applicant would like to add warehouse space and add an office. The City gave the applicant permission to access the property through this unopened right of way and to make improvements to it. Also the City will not be maintaining the right of way. Staff does not recommend approval for the chain link fence but does recommend approval for the improvements. Commissioner David McNaughton asked if they should have a vegetation buffer on the far side of Laurel Lane. George Shaw stated yes they will have to have one and he noticed there is not one on the site plan at all, which will make it incomplete. Commissioner Elaine McGruder made a motion to continue till the September Planning Commission meeting to give the applicant time to update and complete the site plan. Commissioner Alan Robertson seconded. The vote to continue was unanimous. Discussions: Commissioner Alan Robertson asked that we bring back the waved fees for pedestrian dune crossover applications. The dunes have been built since April and we should make a recommendation to City Council to end that process. Adjournment: 8:12pm Lisa L. Schaaf - Page 135 -Item #18.