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
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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.”
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File Attachments for Item:
2. Minutes, City Council Meeting, August 27, 2020
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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.
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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. LeViner, CMC
Clerk
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File Attachments for Item:
4. Variance: requesting setback encroachment – 409 Tybrisa Street – 4000812010 – Zone R-2 –
Paul Murach.
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File Attachments for Item:
6. Software License Agreement: Thomas and Hutton Corporation dba geothinQ
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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
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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,
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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
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SOFTWARE LICENSE AGREEMENT
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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.
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- Page 60 -Item #8.
File Attachments for Item:
9. Verizon: 4th Amendment to Lease Agreement
- Page 61 -Item #9.
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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.
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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.
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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:
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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).
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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
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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;
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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
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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
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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
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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
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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
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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
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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)
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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
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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.