Public Safety Committee Meeting

PUBLIC SAFETY COMMITTEE MEETING MONDAY, JUNE 13, 2022 | 6 PM Special Called committee meeting The Committee will meet in Mauldin City Hall at 5 East Butler Road in the Council Chambers at 6 p.m. The meeting will be available remotely through Zoom. Please visit the City’s website at https://cityofmauldin.org/your-government/meeting-minutes-agendas/ to access the meeting via audio and videoconferencing. A quorum of Council will be present. 1  PUBLIC SAFETY COMMITTEE MEETING JUNE 13, 2022, 6PM CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD Committee Members: Carol King (Chair), Frank Allgood, and Jason Kraeling 1. Call to Order The Honorable Carol King 2. Public Comment The Honorable Carol King 3. Reading and Approval of Minutes The Honorable Carol King a. Public Safety Committee Meeting: May 2, 2022 [Pages 3-4] 4. Reports or Communications from City Officers The Honorable Carol King a. Fire Chief Brian McHone i. Budget Review b. Judge Angela Martin i. Budget Review c. Police Chief George Miller i. Budget Review 5. Unfinished Business The Honorable Carol King There is no unfinished business. 6. New Business The Honorable Carol King a. Insurance and Bonds for Fire Station [Pages 5-50] b. Digital Government Services Customer Agreement [Pages 51-81] c. Records Retention Schedule [Pages 82-84] 7. Public Comment The Honorable Carol King 8. Committee Concerns The Honorable Carol King 9. Adjournment 2  MINUTES PUBLIC SAFETY COMMITTEE MEETING MAY 2, 2022, 6PM CITY HALL - COUNCIL CHAMBERS 5 E. BUTLER ROAD 2nd committee meeting Committee Members: Carol King (Chair), Frank Allgood, and Jason Kraeling Others Present: Fire Chief Brian McHone, Police Chief George Miller, and City Administrator Brandon Madden. Administrative Judge Angela Martin joined via Zoom. 1. Call to Order- Chairwoman King 2. Public Comment- None 3. Reading and Approval of Minutes a. Public Safety Committee Meeting: March 7, 2022 Motion: Councilman Allgood made a motion to approve the minutes with Councilman Kraeling seconding. Vote: The vote was unanimous (3-0). 4. Reports or Communications from City Officers a. Fire Chief Brian McHone i. Budget Review- Chief reported the budget is on track. ii. City-wide Siren System Chief McHone was asked to look at the cost to put tornado sirens throughout the City. Depending on the size of the sirens, the prices are between $8,000 and $50,000 each, not including installation. The siren noise only travels 100 feet, so we would need several. Councilman Kraeling asked if this item was brought up from a concern that someone might not get an emergency notification on their cell phone. Mr. Madden answered this was brought up by a member of Council. No municipalities in the surrounding areas have sirens. Oconee has one at the nuclear power plant. Laurens County has sirens. No action was needed on this item. b. Judge Angela Martin i. Budget Review- Judge Martin reported she is 8% under budget in her department. c. Police Chief George Miller i. Budget Review- Chief Miller reported the police department is 9% under budget. Margo is at the department now. Chairwoman King asked where the name Margo came from. Chief Miller said she is named after Austin Gotowka, who was a police officer killed in a motorcycle accident on his way to work. M for Mauldin, A for Austin, R stands for Austin’s middle name, and Go stands for his last name, Gotowka. The hot dog lunch at Springfield Park went well. 5. Unfinished Business- There is no unfinished business 3 6. New Business a. SRO Agreement This item is the School Resource Officer (SRO) Agreement with the Greenville County School District for the provision of SROs at Mauldin High, Mauldin Middle, Mauldin Elementary, Bethel Elementary and the Golden Strip Career Center. The City has two agreements with the Greenville County School District for the provision of SROs. One agreement is for the provision of 3 SROs from the City Police Department – 2 SROs at Mauldin High and 1 SRO at Mauldin Middle. This agreement expires June 30, 2022. The second agreement with the Greenville County School District is for the provision of SROs at Bethel and Mauldin elementary schools. This agreement automatically renews annually. The SRO agreement being considered is for the provision of SROs at Mauldin High, Bethel Elementary, Mauldin Middle, Mauldin Elementary, and the Golden Strip Career Center. This agreement also merges the foregoing agreements into one. Councilman Allgood asked if the City pays for these School Resource Officers. Mr. Madden answered the City pays for the officers and the school district reimburses a portion of the expenditure. The school district pays $100,000 to the City for the 2 SROs at Mauldin High and 1 SRO at Mauldin Middle, and $22,282 for the roving SRO at Bethel Elementary, Mauldin Elementary, and the Golden Strip Career Center. Councilman Allgood asked if the portion paid was the same as last year. Mr. Madden said yes, it is about the same. Motion: Councilman Kraeling made a motion to send this item to Council with Councilman Allgood seconding. Vote: The vote was unanimous (3-0). Chief Miller advised committee the Greenville County Sheriff’s Office thanked the police and fire departments for their help in evacuating the students to Brookwood during the school shooting incident. The School Superintendent also wrote a letter of appreciation. 7. Public Comment- None 8. Committee Concerns- None 9. Adjournment- Chairwoman King adjourned the meeting at 6:20 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk 4 PUBLIC SAFETY COMMITTEE AGENDA ITEM SUMMARY MEETING DATE: June 6, 2022 AGENDA ITEM: 6a TO: Public Safety Committee FROM: City Administrator Brandon Madden SUBJECT: Approval of Exhibit B – Insurance and Bonds – Fire Station/Police Substation REQUEST Approval of Exhibit B, Insurance and Bonds, of the Construction Manager at Risk (CMAR) contract for the construction of the Fire Station and Police Substation. HISTORY/BACKGROUND During its October 18, 2021 meeting, City Council approved the CMAR contract with Cloverleaf Construction. The CMAR contract has two Exhibits: 1) Exhibit A, Guaranteed Maximum Price (GMP) ; and, Exhibit B, Insurance and Bonds. During its March 21, 2022 meeting, City Council approved an amendment to the CMAR contract for the GMP as Exhibit A of the agreement. Approval of the Exhibit B, Insurance and Bonds, is being requested. ANALYSIS or STAFF FINDINGS Approval of Exhibit B, Insurance and Bonds, of the CMAR contract for the construction of the Fire Station and Police Substation. FISCAL IMPACT Negligible. RECOMMENDATION Staff recommends approval of the agreement and authorizing the Mayor to execute the agreement. ATTACHMENTS CMAR Contract (inclusive of Exhibit A) Exhibit B 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40  Document A133 – 2019 Exhibit B ™ Insurance and Bonds This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the day of in the year (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has for the following PROJECT: added information needed for its (Name and location or address) completion. The author may also have revised the text of the original City of Mauldin Fire Station AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from THE OWNER: the author and should be reviewed. A (Name, legal status, and address) vertical line in the left margin of this document indicates where the author City of Mauldin has added necessary information 5 East Butler Road and where the author has added to or P. O. Box 249 deleted from the original AIA text. Mauldin, South Carolina 29662 This document has important legal consequences. Consultation with an THE CONSTRUCTION MANAGER: attorney is encouraged with respect (Name, legal status, and address) to its completion or modification. The Cloverleaf Group, LLC 297 Prince Ave, Suite 20 This document is intended to be used Athens GA 30601 in conjunction with AIA Document 706-395-5804 A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains TABLE OF ARTICLES additional insurance provisions. B.1 GENERAL B.2 OWNER’S INSURANCE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER’S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager’s request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. 41 1  AIA Document A133™ – 2019 Exhibit B. Copyright © 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” Init. “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:34:17 ET on 08/19/2021 under Order No.2863604529 which expires on 06/25/2022, is not for resale, is licensed for one-time use only, and may only 42 § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § B.2.3 Required Property Insurance § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section B.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Construction Manager, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § B.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Cause of Loss Sub-Limit § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Construction Manager’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § B.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section B.2.3.1 or, if necessary, replace the insurance policy required under Section B.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § B.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section B.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3 Insurance for Existing Structures Not applicable. 43 § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ] § B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ] § B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ] § B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ] § B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ] § B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ] § B.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ] § B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. § ARTICLE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS 44 § B.3.1 General § B.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3.1. The certificates will show the Owner as an additional insured on the Construction Manager’s Commercial General Liability and excess or umbrella liability policy or policies. § B.3.1.2 Deductibles and Self-Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s consultants as additional insureds for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions during the Construction Manager’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 20 32 07 04. § B.3.2 Construction Manager’s Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) § B.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than One Million Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) general aggregate, and Two Million Dollars ($2,000,000) aggregate for products-completedoperations hazard, providing coverage for claims including: 45  .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager’s indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager’s Commercial General Liability policy under this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § B.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager, with policy limits of not less than One Million Dollars ($1,000,000) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3.2.2 and B.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § B.3.2.5 Workers’ Compensation at statutory limits. § B.3.2.6 Employers’ Liability with policy limits not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, and One Million Dollars ($1,000,000) policy limit. § B.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks § B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. 46 § B.3.2.10 Coverage under Sections B.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § B.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate. § B.3.3 Construction Manager’s Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [X] § B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Construction Manager’s obligation to provide property insurance differs from the Owner’s obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ] § B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ] § B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ] § B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ] § B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the 47  Construction Manager and used on the Project, including scaffolding and other equipment. [ ] § B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Specify type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond 100% of Contract Sum Performance Bond 100% of Contract Sum Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement. ARTICLE B.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: 48 Additions and Deletions Report for ® AIA Document A133™ – 2019 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:34:17 ET on 08/19/2021. PAGE 1 City of Mauldin Fire Station … City of Mauldin 5 East Butler Road P. O. Box 249 Mauldin, South Carolina 29662 Additions and Deletions Report for AIA Document A133™ – 2019 Exhibit B. Copyright © 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:34:17 ET on 08/19/2021 under Order No.2863604529 which expires on 06/25/2022, is not for resale, is licensed for 1 one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. 49 User Notes: (828727653) 50 PUBLIC SAFETY COMMITTEE AGENDA ITEM SUMMARY MEETING DATE: June 6, 2022 AGENDA ITEM: 6b TO: Public Safety Committee FROM: City Administrator Brandon Madden SUBJECT: Digital Government Services (DGS) Customer Agreement REQUEST Approval of Digital Government Services (DGS) Customer Agreement with the SC Department of Administration (DOA) and South Carolina Interactive (SCI). HISTORY/BACKGROUND SCI has requested that the City execute a new, Digital Government Services (DGS) Customer Agreement. This Agreement will allow NIC/SCI to continue providing the City with digital government services after the commencement of the new DGS contract, on July 1, 2022. The term of this extension is coterminous with the period of the new DGS contract. ANALYSIS or STAFF FINDINGS Approval of this agreement will allow the City, via its Judicial Department, to continue using the Enterprise Payment Services application to accept electronic payments from its customers. This includes, but is not limited to debit card, credit cards and electronic checks for Internet and over-the- counter transactions and may include additional payment channels in the future. FISCAL IMPACT Negligible. RECOMMENDATION Staff recommends approval of the agreement and authorizing the Mayor to execute the agreement. ATTACHMENTS Agreement 51  Customer Agreement Reference is made to that certain contract between the South Carolina Department of Administration (“Admin”) and South Carolina Interactive, LLC, (“SCI”) as the selected vendor providing Digital Government Services (“DGS”) for the State of South Carolina (such contract, including the terms and conditions contained in Contract 4400027972, the applicable change orders and amendments, the “Master Contract”). This Customer Agreement (the “Customer Agreement”) is between SCI and City of Mauldin (“Customer” and, together with SCI, the “Parties”), is effective as of January 3, 2022 (the “Effective Date”) and is subject to the terms and conditions of the Master Contract. The Parties agree as follows: 1. The Master Contract has an initial term of four years after the Effective Date with three additional one-year renewal options for a total maximum term of seven years (the “Term”). This Customer Agreement will follow the Term of the Master Contract. 2. During the Term, SCI shall continue to provide the same services to Customer under the Statements of Work (“SOWs”) and Service Level Agreements (“SLAs”, and together with the SOWs, the “Purchase Order Documents”) included on Exhibit A hereto are hereby incorporated into this Customer Agreement. 3. A list of current Customers and their existing services will be maintained within the DGS portal. 4. Future services may be obtained from the DGS service catalog or Work Order, if applicable. 5. In conjunction with the Purchase Order Documents, Customers that utilize SCI’s services for certain payment transactions may have entered into a Submerchant Agreement (the “Submerchant Agreements”) from the State Treasurer’s Office. If Customer entered into such a Submerchant Agreement, SCI and the Customer intend for the Submerchant Agreements to continue for the Term. 6. Consistent with the Master Contract and the Purchase Order Documents, other than due to an uncured, material breach of the Purchase Order Documents by SCI or other basis for termination allowable by the Master Contract or by law, the Customer may not terminate the Purchase Order Documents prior to the end of the Term. 7. The terms and conditions of the Master Contract govern and are controlling with respect to this Customer Agreement. 8. This Customer Agreement may be signed via electronic means, including without limitation via DocuSign, and may be signed in separate counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 52  IN WITNESS WHEREOF this Customer Agreement is executed and delivered as of the date first written above. SCI CUSTOMER By: By: Name: Name: Title: Title: 53  EXHIBIT A The following Purchase Order Documents are incorporated into the Customer Agreement: • Service Level Agreement (SLA) dated 04/15/2015 between SCI and Agency. • Statement of Work dated 03/15/2018 between SCI and Agency for Payment Engine – Payment Processing Electronic Services. All active Purchase Order Documents between SCI and Customer or its political subdivisions that are not listed above, if any. 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 6c 82 83 84