CN-370000-CN335-T10CO1.pdf

Florida Department of Environmental Protection

TASK ASSIGNMENT CHANGE ORDER FORM

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Required Signatures: Adobe Signature

FDEP Contract No.: Task Assignment No.: Change Order No.: Project No.:

Project Location: Project Name:

Consultant Name:

Consultant Representative: Phone: Email:

FDEP Contract Manager: Phone: Email:

Description and Justification of Change:

Change in Task Amount:

Item Reimbursement Fixed Fee Total

Original Task Amount:

Task amount including all previous Change Orders:

Net increase/decrease in task amount for this Change Order:

Total Amounts with all Change Orders:

Change in Task Time:

Original Task Execution Date:

Original Task End Date:

Present Task End Date:

Net Change in Days:

New Task End Date:

Approval Signatures:

Budget Representative, FDEP Signature Date

Project Manager, FDEP Signature Date

Contract Manager, FDEP Signature Date

Consultant Signature Date

Contract Authority, FDEP Signature Date

Project # Grant # Org Code Cat/Year Fund Module Object Code EO Amount

29 Digit FLAIR Code: Total:

CN335 TA10 1 R2144

FDEP Sea Level Impact Projection (SLIP) Study

Taylor Engineering, Inc.

Angela Schedel 904-256-1305 aschedel@taylorengineering.com

Jeffrey Whitfield 850-245-2630 Jeffrey.Whitfield@FloridaDEP.gov

Costs for meetings were budgeted at in-person costs but came out significantly lower due to COVID-19 restrictions. Additional work needed to ensure SLIP tool functionality.

$ 10,188.00 $ 290,267.00 $ 300,455.00 $ 10,188.00 $ 290,267.00 $ 300,455.00 -$ 7,188.00 -$ 94,981.19 -$ 102,169.19 $ 3,000.00 $ 195,285.81 $ 198,285.81

10/26/2020

7/30/2021

7/30/2021

7/30/2021

Lisa Yarborough Lisa Yarborough Digitally signed by Lisa Yarborough Date: 2021.06.08 15:29:47 -04'00'

Whitney Gray

Jeffrey Whitfield

Angela Schedel

Alex Reed

R2144 37538010005 100593/00 000286 U1620 241000 AT $ 198,285.81

$ 198,285.8137101000286375004000010059300

Whitney Gray Digitally signed by Whitney Gray Date: 2021.06.09 16:54:17 -04'00'

Jeffrey Whitfield Digitally signed by Jeffrey Whitfield Date: 2021.06.14 11:10:36 -04'00'

Angela Schedel Digitally signed by Angela Schedel Date: 2021.06.14 12:19:31 -04'00'

06/14/2021

1 0 1 9 9 S O U TH S I D E B L VD , S U I T E 3 1 0 | J A C K S O N V I L L E , F L 3 2 2 5 6 | T E L 9 0 4 . 7 3 1 . 7 0 4 0 W W W . T A Y L O R E N G I N E E R I N G . C O M

June 8, 2021

Jeffrey Whitfield Contract Manager Bureau of Design and Construction Florida Department of Environmental Protection 3900 Commonwealth Boulevard 260K, MS 520 Tallahassee, FL 32399

RE: FDEP Agreement Number CN335 TA10 Change Order Sea Level Impact Projection (SLIP) Study Website Design and Web Application Development

Dear Mr. Whitfield:

As requested by FDEP, Taylor Engineering is submitting a change order for the above referenced project.

The changes, indicated in red text in the attached document, include:

Reduction of Task 3 by $37,726.70 (for a total cost of $25,470) Reduction of Task 4 by $37,726.70 (for a total cost of $25,470) Removal of Task 6 (eliminating $53,926.32) Addition of Task 8 (additional $24,208.80)

The fee reductions to Tasks 3 and 4 are due to the hosting of virtual meetings instead of in person meetings. These tasks are complete, and the totals invoiced were for virtual meetings.

FDEP recently informed Taylor Engineering of the need to remove Task 6 due to limitations of FRCP’s funding beyond the current fiscal year. Task 8 captures added scope requested by FDEP which arose during creation of the SLIP tool.

Please let me know if you have any questions.

Sincerely, Angela Schedel, Ph.D., P.E.

Director of Community Resilience

SCOPE OF WORK

SEA LEVEL IMPACT PROJECTION (SLIP) STUDY

WEBSITE DESIGN, ANDWEB APPLICATION DEVELOPMENT, MAINTENANCE, AND HOSTING

AGREEMENT

Introduction:

Taylor Engineering (“Taylor”) will develop and host a map based web application for the Florida Department of Environmental Protection (“Department”) in order to provide a SLIP study that meets the goals described in the Tasks below. This will be an outward facing web application and will be hosted by Taylor for one year after public launch. Taylor will retain and store all data collected thereby for the duration of the task. This Task Assignment incorporates by this reference all provisions of CN335, the contract under which it is issued. Except and only to the extent not irreconcilably inconsistent with the provisions below, all provisions thereof shall apply.

Department Responsibility The Department shall provide the following information and documents, if available:

1. FEMA Stillwater Elevation (SWL) data for the Florida coastlines;

2. LiDAR Digital Elevation Model (DEM) data for the Florida coastlines;

3. Topographic survey data, if more recent than DEM;

4. Meeting minutes from previous SB178 group meetings;

5. List of stakeholder groups and contact information;

6. Design expectations for the webtool; and

7. Department liaison/internal project lead.

The following tasks comprise this scope of work.

Task 1. Requirements Validation Documentation & Analogues Analysis

Description:

1. Taylor will review other tools similar to the proposed SLIP tool that are currently available in

Florida, other states, or other nations.

2. Taylor will produce a report that will evaluate existing public tools and identify functions that the Department may want to consider for inclusion or that could be highlighted as useful tools for users to also reference.

3. Using the information referenced above, Taylor will meet with the Department and validate their understanding of all requirements that must be addressed by the solution.

4. Each documented requirement will be explicit, precise and clear, unambiguous, and easily understood.

5. Requirements will be detailed enough to specify "what" is required, yet provide sufficient freedom so design is not constrained.

6. Include both functional and non functional requirements.

Deliverables: Report evaluating existing public tools; Requirements document.

Documentation: Taylor will submit the finished requirements document.

Performance Standard: The Department’s Contract Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Contract Manager, Taylor may proceed with payment request submittal.

Task 1 Due Date: October 30, 2020

Fixed Price Cost:

Task 2. Develop Technical Design Package Web Application Description:

Taylor will produce a mock up of the SLIP web application to demonstrate basic capabilities to the Department’s staff. This mock up web application will not have full functionality but will illustrate the graphic user interface (GUI) for user inputs and show an example output of a SLIP report.

The mock up will include the following:

1. Splash/landing page, interior user interface, and the login only;

2. Text, screenshots, and screen navigation details;

3. Fully described system menu, screens, and all reports;

4. Documentation for the prompts and validations to address field and form level data validations;

5. Necessary revisions to master an approved design; and

6. Brand concept The design of the web application shall match or be substantially consistent with the design of https://protectingfloridatogether.gov/ in typeface, style, color palette and general layout, consistent with Department branding.

Documentation includes the following:

1. All privileges needed to use the system, the menu, the screens, and the reports;

2. All system performance requirements including, data storage capacity, data growth estimates, and associated cost;

3. Any exceptions to normal operating procedures that the system will require;

4. Integration details with other existing Department applications, if applicable;

5. Archive, backup, and disaster recovery approach;

6. Any third party components that are proposed for use, including full documentation/information about licensing including Department cost; and

7. Data dictionary A compendium of information about data such as meaning, relationships to other data, origin, and format. The Data Dictionary correctly names and defines all entities, according to the documented business rules. This dictionary must be kept current through the life of the project and support agreement.

The example SLIP report for a user specified location will include, but not be limited to:

a. FEMA Special Flood Hazard Area(s) and BFE (if available);

b. NOAA local relative sea level rise linear trend;

c. Frequency of high tide flooding currently and in 2 future year scenarios;

d. FEMA 1% annual chance (100 yr) storm surge flood depths;

e. Example siting, design, and adaptation alternatives; and

f. Example potential public safety and environmental impacts.

Deliverables:Mock up web application, Design documentation listed above.

Documentation: Taylor will submit a copy of the mock up and additional design documentation.

Performance Standard: The Department’s Contract Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Contract Manager, Taylor may proceed with payment request

Task 2 Due Date: November 13, 2020

Task 3. Assist in Stakeholder Meeting Facilitation Description:

Taylor will prepare for and participate in up to 5meetings for stakeholder groups identified by the Department. The fixed rate for each meeting (noted below) will include presentation development, meeting minutes/discussion overview, and compilation of comments.

At the Department’s direction and with Department identified stakeholder groups, Taylor may coordinate some stakeholder groups through existing conferences, such as the Florida League of Cities Legislative Conference, rather than through stand alone meeting/roundtable.

Deliverables: Presentation, Attendees List, Meeting Minutes.

Documentation: Taylor will submit a copy of the presentation, attendees list (if available), and meeting minutes.

Payment Request Schedule: Taylor will submit a payment request at the conclusion of each meeting. The meeting cost may range from $5,000 (for one 2 hour virtual meeting with 3 Taylor personnel attending) to $12,600 (for one in person 8 hour meeting day, with 3 Taylor personnel traveling, including travel to/from Tallahassee, one night hotel, subsistence, and printing costs of handouts or posters).

Travel Assumptions:

1. Travel, food and lodging will be compensated and reimbursed per Fl. Stat. 112.061. Hourly rates shall not apply to travel.

2. Travel estimates are for Taylor personnel departing official headquarters in Jacksonville and traveling to Tallahassee. Mileage, lodging, and subsistence will vary depending on the location.

3. Three Taylor personnel will ride in POV together.

4. Depart at approximately 1PM on the day before the meeting.

5. Travel from 1 4PM will entitle personnel to lunch expense.

6. Stay at hotel that evening. This will incur separate dinner and breakfast expenses.

7. On site meeting includes set up, take down and debrief; an 8 hr labor expense per person.

8. Taylor personnel to drive back to Jacksonville at the end of the meeting day.

9. Travel from approximately 4 9PM entitles personnel to dinner expense.

10. Meals included are lunch and dinner on the first travel day, and breakfast, lunch, and dinner on the meeting and travel day.

11. Subsistence maximum of $6 for breakfast, $11 for lunch, $19 for dinner used for estimate.

Task 3 Performance Period: November 1, 2020 through February 15, 2021

Fixed Price Cost (per meeting):

Task 4. Assist, Attend and Participate in Rule Development

Taylor will assist, attend, and participate in the Department’s rule development mandated by SB 178 for a maximum of five meetings. Taylor staff will make themselves available and will consult with Department staff drafting the rule development and will attend and participate in rule development workshops with the public to describe the Department’s draft rule and SLIP web application. In the event of a challenge to the Department’s rule, Taylor agrees to not be an expert witness for any party other than the Department.

Deliverables: Presentation, Attendees List, Meeting Minutes.

Documentation: Taylor will submit a copy of the presentation, attendees list (if available), and workshop meeting minutes.

verify that the deliverables have been completed as described above.

Payment Request Schedule: Taylor may submit a payment request at the conclusion of each workshop meeting. The meeting cost may range from $5,000 (for one 2 hour virtual meeting with 3 Taylor personnel attending) to $12,600 (for one in person 8 hour meeting day, with 3 Taylor personnel traveling, including travel to/from Tallahassee, one night hotel, subsistence, and printing costs of handouts or posters).

Travel Assumptions:

1. Travel, food and lodging will be compensated and reimbursed per Fl. Stat. 112.061. Hourly rates shall not apply to travel.

2. Travel estimates are for Taylor personnel departing official headquarters in Jacksonville and traveling to Tallahassee. Mileage, lodging, and subsistence will vary depending on the location.

3. Three Taylor personnel will ride in POV together.

4. Depart at approximately 1PM on the day before the meeting.

5. Travel from 1 4PM will entitle personnel to lunch expense.

6. Stay at hotel that evening. This will incur separate dinner and breakfast expenses.

7. On site meeting includes set up, take down and debrief; an 8 hr labor expense per person.

8. Taylor personnel to drive back to Jacksonville at the end of the meeting day.

9. Travel from approximately 4 9PM entitles personnel to dinner expense.

10. Meals included are lunch and dinner on the first travel day, and breakfast, lunch, and dinner on the meeting and travel day.

11. Subsistence maximum of $6 for breakfast, $11 for lunch, $19 for dinner used for estimate.

Task 4 Performance Period: November 1, 2020 through June 30, 2021

Fixed Price Cost (per meeting):

Task 5. Develop and Deploy SLIP Web Application Description:

Based on feedback from the Department on Task 2, Taylor will develop a SLIP web application mapping tool and web user interface. The tool will have 2 functional modes: “SLIP Study” and “Public.” “SLIP Study” mode will be aimed at the publicly financed constructor who is required to submit a SLIP study before they can commence construction. SLIP Study Mode requires a log in and password and can save a user’s SLIP study inputs in a database. “Public” mode will be aimed at the general public, who is using the tool for their general information or education.

1. For the “SLIP Study” Mode:

a. The tool will include a basic Graphic User Interface (GUI) for inputs by the logged in user and will output a SLIP report. The tool will include an “if/then” user specific logic tool. The report will provide a standardized printout of information for the user to submit to the Department that complies with the requirements in SB 178 (Laws of Florida, Ch. 2020 119).

b. The tool will provide mechanisms:

i. For submission of the SLIP study by the user to the Department.

ii. For the Department to notify constructors when the study has been received.

iii. For publishing the SLIP study for public access.

iv. To notify constructors when the study has been published for 30 days, so that they can commence construction.

c. Using data provided from NOAA, FEMA, USACE, and other credible public sources, the webtool will calculate average annual chance of substantial flood damage over the expected life of the coastal structure, as defined through coordination between Taylor and the Department. For example, substantial flood damage is calculated differently from buildings than it is for transportation structures.

d. Using data provided by NOAA, FEMA, USACE and other credible public sources, the webtool will analyze and display the flooding, inundation, and wave action damage risks to the structure over its life span or 50 years, whichever is less, taking sea level rise, increased storm risk and subsidence (to the extent possible) into account.

e. The tool will provide general alternatives for the siting, design, and possible adaptations for the structure, based on user inputs, and industry definitions and standards.

f. The tool will provide examples of public safety and environmental risks for the structure based on user inputs, and industry definitions and standards.

g. The tool will incorporate the location of the “coastal building zone,” the coastal construction control line (CCCL), or the seasonal high water line in locations where the CCCL is not in force.

h. The SLIP report will graphically and textually display the results of the analyses outlined above.

2. For the “Public” Mode:

a. The tool will enable users to change variables on the map interface in order to visualize the impacts of sea level rise, storm surge, sunny day flooding/King Tide flooding, and other similar impacts.

b. The tool will provide educational resources and references both general and specific to Florida about climate change, sea level rise, and tropical weather; and actions that mitigate risk, provide adaptation to changing conditions, and are focused on natural and nature based solutions. The tool will include integrated help and online guides as needed for the effective use of the system by the public.

3. For User Acceptance:

a. A walkthrough will be provided for the entire system.

b. Taylor will provide acceptance testing scenarios and test cases.

c. The Department will conduct User Acceptance Testing (UAT), but Taylor will be available to answer questions and provide support.

d. Taylor will provide a Requirements Traceability Matrix (RTM) that documents the final traceability of the business, technical, system, and operational requirements through to the use and test cases.

Deliverables: SLIP web application, UAT test scenarios and discrepancy corrections, RTM.

Documentation:

1. Taylor will provide Department with the web address of the SLIP tool web application.

2. Documentation showing all issues identified in UAT are addressed and validated by the department.

3. Department’s final approval of the application’s complete and functional state.

Task 5 Due Date: June 30, 2021

Task 6. Maintain and Host SLIP Web Application

For the Performance Period noted below, Taylor will perform regular updates and maintenance on the SLIP web application, to ensure functionality and data connectivity between data sources.

The data sources which the SLIP web application uses will be updated on a quarterly basis. Once the web application is fully operational and accepted by the Department, Taylor will troubleshoot and remediate system issues as directed by the identified Department Administrators.

Maintenance activities may fall into these two (2) categories:

A. Corrective/Preventive: corrective maintenance addresses the repair of application defects to enable the application to provide the required functionality and service levels at the time Taylor began this engagement. Preventive maintenance refers to the modifications needed to prevent potential errors in a software product. Examples include: Inability to commit/insert data, miscellaneous software “bugs”, routine monitoring of batch processes, initiating/monitoring any scheduled data uploads into a Department or other data repository, and other functions as requested.

B. Adaptive: addresses minor modifications to the application. Examples include:

modifications to address system/hardware/database environment upgrades, providing new minor functionality improvements, creating/maintaining documentation, modifying verbiage on reports/screens, and other functions as requested.

Adaptive activities, as directed by Department staff, are available at a rate of $162.21 per hour (Senior Professional).

Taylor does not guarantee the reliability of the servers onwhich live external data is hosted, such as NOAA, FEMA, USACE, or other authoritative source. Taylor will contact the external data source to correct issues in a timely manner, but cannot guarantee that the data connection will be resolved within the “time to repair” limits stated in Attachment A if the issue is caused by the external data source.

Taylor shall select and contract with an internet service provider that meets the Department’s minimum standards for service as described in Attachment A. Taylor will coordinate and monitor web hosting services, as per Attachment A.

Throughout the deployment of the SLIP web application, Taylor will hold, assert, and protect a copyright for the web application and its code as more specifically set forth in Attachment B.

Deliverables: Monthly maintenance reports.

Documentation: Taylor will submit monthly reports noting web application maintenance actions taken.

verify that the deliverables have been completed as described above.

Task 6 Performance Period: July 1, 2021 through July 1, 2022

Task 7. Provide Analysis, Design, and Technical Documentation for the SLIP Web Application Service

This documentation provides the necessary information for the department to re engineer the SLIP Web Application Service into a Department supportable platform. This documentation should include, at a minimum:

1. A general description of the application including documentation of all modules/components.

2. Detailed documentation of all interfaces/interactions with other systems including data layers, data feeds and third party tools along with associated metadata and any licensing requirements.

3. Business Process Map and Data Flow Diagram.

4. Logical Data Model and Data Dictionary including field and table definitions.

5. By means of text, screenshots, and screen navigation details, description of each screen, each e mail template, and each report with supporting business rules including field and screen level data validations.

6. Definition in detail all user roles and security privileges.

7. System architecture diagram – logical and physical.

8. Fully commented source code.

9. Assert and protect a copyright to the Webpage created and assign rights to the Department in accordance with the provisions of Attachment B A.

Deliverables: Technical system documentation, licensing agreement.

Documentation:

1. System documentation as described above

2. Licensing agreement (perpetual, royalty free) allowing for the Department’s use in conjunction with the SLIP webpage and modification of the SLIP Web Application as needed to allow modification or re platforming, and migration from public hosting to Department or other governmental hosting, as specified in Attachment B A.

Performance Standard: The Department’s Contract Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Contract Manager, Taylor may proceed with payment request submittal.

Task 7 Due Date: July 30, 2021

Fixed Price Cost:

Task 8. Additional Services and Meetings Requested by DEP Description:

1. Creation of FEMA SWEL raster and incorporation into SLIP webtool.

2. Provide feedback and input on the Coastal Building Zone polygon layer to Department’s GIS staff.

3. Attend coordination meetings, participate in phone calls, and draft correspondence to facilitate FEMA SWEL data incorporation via the Department’s GIS staff and into the SLIP webtool.

4. Attend meetings with the Department’s Resilience Working Group to provide progress updates and receive feedback on the SLIP webtool during rule making process.

5. Prepare for and conduct live demonstrations of the SLIP webtool for Department’s internal stakeholders and in public rule making workshops.

6. Present the Average Annual Chance of Substantial Flood Damage (AACSFD) methodology to the Department’s Resilience Working Group for approval and feedback.

7. Create a webpage explaining the AACSFD methodology, for the signed in user to access.

8. Create graphics showing an example calculation of AACSFD.

9. Incorporate comments and feedback from the Department’s Resilience Working Group on the AACSFD webpage.

Deliverables:Memorandum summarizing completion of additional scope services and meetings.

Documentation: Taylor will submit the summary memo.

Performance Standard: The Department’s Contract Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department’s Contract Manager, Taylor may proceed with payment request

Task 8 Due Date: June 30, 2021

Anticipated Timeline/Milestones: SLR Tool Analysis Report October 30 Mock up Development November 13

1. Mock up Revisions – November 20

2. Mock up Revised Draft – December 1

3. Mock up Revised Edits – December 4

4. Mock up Final Version – December 11

Stakeholder Meetings November 1 February 15

1. State Agencies

2. Local Governments (LOC, AOC)

3. Utilities

4. Insurance Industry

5. Chamber of Commerce, Home Builders Associations, AIF

Tool Development June 30, 2021 (major milestones/status updates to be determined) Rule Development

1. NORD November 1

2. Workshops Jan 15 March 15

3. NOPR April 1

4. Adoption June 30

Web Application Launch – July 1, 2021

Summary of Fees:

Payment will be made upon approval of deliverables for each subtask by the FDEP in the amount specified. (Please do not alter this language)

Task No. Task Title Deliverable Based Fixed Fee Maximum Fee per Task

Requirements Validation

Documentation & Analogues Analysis

$12,888 $12,888

2 Develop Technical Design Package Web Application $29,022 $29,022

3 Assist in Stakeholder Meeting Facilitation

$12,639 (per in person 8 hr meeting)* $5,094(per 2 hr virtual meeting)

$63,195 $25,470

(up to 5 mtgs)

4 Assist, Attend and Participate in Rule Development

$12,639 (per in person 8 hr meeting)* $5,094 (per 2 hr virtual meeting)

$63,195 $25,470

(up to 5 mtgs)

5 Develop and Deploy SLIP Web Application $60,209.85 $60,209.85

6 Maintain and Host SLIP Web Application $4,494 per month $53,928

(for 12 months)

Provide Analysis, Design, and

Technical Documentation for the SLIP Web Application Service

$18,017.16 $18,017.16

8 Additional Services and Meetings Requested by DEP $24,208.80 $24,208.80

Maximum Total Fixed Price Cost $290,267 $195,285.81

Maximum Total Reimbursable Cost $10,188 $3,000

Overall Total Cost $300,455

$198,285.81

Attachment A

Hosting, Backup, Security and Service Level Agreement (SLA)

Hosting: The web application will be hosted using the Godaddy hosting site on a dedicated windows server. The server configuration with the selected plan (DS 32) includes: Intel Xeon D, 4C/8T – 3.0 GHz Turbo, 32 GB DDR4 RAM, 2 x 4 TB HDD Storage (RAID 1).

Backups:

1. System snapshots will occur on a daily basis and will be stored at an offsite location.

2. Data backups will occur on every 60 minutes and will be stored at an offsite location on a daily basis.

3. Retrieval of System or Data backups shall be provided to Department upon request.

4. An export of (or access to) the source code and spatial data shall be provided to the Department on at least a quarterly basis using an agreed upon file location.

Recovery: In the event of a catastrophic failure or major outage, the System will be recovered to a fully functional state and available to the public within 24 hours. Service disruptions during failover to disaster recovery sites and the period of time before those sites are brought up will be counted as downtime.

Availability: Software service will be available twenty four (24) hours per day, seven (7) days a week, exclusive of scheduled maintenance periods. Unscheduled outages (i.e., any issue that causes the system to fail to perform one or more of its primary functions) may not exceed 4 hours cumulative in a month.

System Availability SLA: Service will maintain at least a 99.5% System Availability Percentage during each Month for the production version of the service. Should outages cumulate in excess of 4 hours within a calendar month, a 5% service credit will be applied, and additional 5% service credits applied every 30 minutes thereafter (not to exceed 100%). Service availability, however, does not include regularly scheduled maintenance or any unscheduled downtime due to failures beyond Contractor’s reasonable control (such as errors or malfunctions due to the Department’s computer systems, or the public user’s local hardware/Internet connectivity).

Maintenance: A weekly routine maintenance window for software, data and service updates will be designated during the period between 12 midnight and 3 AM EST, on a Wednesday. During this time, the systemmay be temporarily unavailable. Department will be provided at least five (5) days’ notice in order to accommodate any longer or different maintenance windows.

Security:

Services will be provided to the public jurisdiction and its end users solely from data centers in the United States (U.S.). Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S.

Support: Service support representative(s) will be available to respond to Department support requests by phone (904) 256 1341 or e mail (jmesser@taylorengineering.com) during the hours of 8 am through 5pm Eastern Standard Time, Monday through Friday, excluding holidays observed by the department.

Only Department service administrators are authorized to submit service requests to Contractor.

Department service administrators will review all lower level requests first to determine the need to escalate to the Taylor Engineering Technology Services support team as a Priority 1, 2, or 3 request.

Response and Resolution: Any error reported by DEP will be corrected in accordance with the priority level as defined below:

Priority Category Definition

Priority 1 An error that renders the software service inoperative or causes the software/service to be unavailable or unusable.

Priority 2

An error other than a Priority 1 error that results in the loss of any major or significant feature or functionality of the software service or significant degradation of the performance of the software/service or that significantly restricts Department’s use of the software service.

Priority 3 An error other than a Priority 1 or 2 error that results in the loss of a less significant feature or functionality of the software/service.

Response and Resolution SLAs:

Priority

Time to Respond (within support hours)

Time to Repair* Financial Consequences for Unsatisfactory Performance

1 4 hours Up to 1 calendar day

3.33% monthly service credit after day 1 and an additional 3.33% per day until 100% monthly service credit is reached or issue is resolved.

1 business day

Up to 5 calendar days

2% monthly service credit after day 5 and an additional 2% per day until 100% monthly service credit is reached or issue is resolved.

2 business days

As scheduled for correction & implementation and communicated to/approved by Department

Failure to meet the Time to Respond (2 business days) and/or Time to Repair requirements as agreed to in writing by Department more than two times in succession during any month, the next payment for the ongoing service will be reduced by 5%.

*Repair means to correct the error or provide a reasonable work around solution that produces the desired result and is mutually agreed to in writing with Department.

Force Majeure: Support disruptions due to events beyond the Contractor’s control, such as weather events, fires, or other major disruptive events that are beyond the Contractor’s control and affect the ability to provide the support outlined in this document will be excluded from the Response and Resolution SLAs.

Termination: Upon Department’s request and at no additional cost to the department, John Messer or the current Director of Technology Services at Taylor Engineering will provide an accurate copy of all Department data in an industry standard machine readable format along with adequate documentation to transfer data into a new solution (such as data dictionaries, field definitions, catalogs, and indexes).

Attachment AB

Agreement Regarding Copyrighting and Licensing

1. Notwithstanding anything else to the contrary in this SOW, Department acknowledges that Taylor asserts an unregistered copyright in the source code and object code of the mapping tools to be included in the web application and that as to such code comprising the mapping tools (both object and source, the “Licensed Code”) and the Department shall not challenge or controvert Taylor’s assertion that it is the sole property of Taylor. Department understands and agrees that the Licensed Code is hereby non exclusively and perpetually licensed to the Department without any royalty fee. Taylor shall retain any and all rights it has to further license the Licensed Code to third parties and/or monetize the Licensed Code in any such manner as it shall determine in its sole discretion. The source code of the Licensed Code included in the web application may be used by the Department to operate, maintain, upgrade or re platform the web application.

Department will not use the Licensed Code for any purpose other than in connection with the SLIP web site.

2. Department will restrict access to the Licensed Code solely to its employees or third party contractors with a need to access the Licensed Code for the purpose of operating, maintaining, upgrading or re platforming the web application or in the event that Taylor or any future successor to Taylor's business holding the rights of Licensor shall have failed to so operate, maintain or upgrade the web application or web site during its hosting of the same. Any Department employee or third party contractor accessing the Licensed Codemust agree in writing to (1) use the Licensed Code solely to operate, maintain, upgrade or re platform the web application and for no other purpose; (2) maintain the secrecy and confidentiality of the Licensed Code; and (3) conform to all other protections, limitations and restrictions on use and access to the Licensed Code specified in the License Provisions of this SOW. Further, Department will not license, lease, provide access to, run as a service bureau, or otherwise allow access or use by third parties, of the Licensed Code, for any commercial purposes.

3. Department will maintain and hold in confidence as secret and proprietary to Taylor, any and all source code of the Licensed Code. Department agrees that any failure of Taylor or any successor to Taylor's business to maintain or upgrade the web application shall not affect the limitations on Department’s right to use the Licensed Code solely for operation, maintenance, upgrade and re platforming of the web application nor the non exclusivity of Taylor's license to Department.

These License Provisions respecting the license of the Licensed Code, and the confidentiality and restrictions on use of such code by Department, supersede any and all contrary provisions of this SOW and of the master contract CN335 between Department and Taylor, including without limitation, paragraph 17 of the master contract, and including any and all other agreements, covenants or undertakings between Department and Taylor with respect to such subject matter.