951 Martin Luther King Boulevard, Kissimmee, FL. www. tohowater. com AGENDA MAY 24, 2017

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1 951 Martin Luther King Boulevard, Kissimmee, FL www. tohowater. com Thomas White Interim Chair Clarence L. Thacker Secretary LeRue Skip Stellfox Supervisor #6 Wendell McKinnon Supervisor #1 John A. Lambert Supervisor #4 Brian L. Wheeler Executive Director Michael W. Sweeney Deputy Executive Director Mark G. Lawson General Counsel Nilsa C. Díaz Executive Assistant 1. Meeting called to order AGENDA MAY 24, A. Moment of Silent Reflection B. Pledge of Allegiance 3. Approval of the Agenda 4. Awards and Presentations 5. Public Hearing 6. Hear the Audience 7. Consent Agenda The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous business of the Board of Supervisors. The Board of Supervisors in one motion may adopt the entire Agenda. The motion for adoption is non-debatable and must receive unanimous approval. By request of any individual member, any item may be removed from the Consent Agenda and placed upon the Regular Agenda for debate. 7A. REQUEST APPROVAL OF THE AGREEMENTS WITH CHAPCO FENCE, LLC AS THE PRIMARY CONTRACTOR, AND WITH STERLING ENTERPRISES, LLC AS THE SECONDARY CONTRACTOR FOR THE SUPPLY & INSTALLATION OF FENCING & GATES ( IFB ) HOLMES) 7B. REQUEST APPROVAL TO PURCHASE TWO 2018 SERVICE TRUCKS WITH LIFT GATES (IFB ) (HOLMES) 7C. REQUEST APPROVAL OF THE MEETING MINUTES FOR THE TWA BOARD OF SUPERVISOR REGULAR MEETING OF MAY 10, 2017 (DIAZ)

2 7D. REQUEST APPROVAL OF THE MAY ASSET DISPOSAL HOLMES) 7E. REQUEST APPROVAL OF THE CONSENT TO ENCROACHMENT AGREEMENT WITH SABAL TRAIL TRANSMISSION, LLC (SIKORA) 8. Informational Presentations 9. Unfinished Business: 9A. IMPROVED SPONSORSHIP APPLICATION AND REVIEW PROCESS (SWEENEY) 10. New Business 11. Staff Report: 11A. SCHEDULING OF SPECIAL BOARD MEETING AND BOARD WORKSHOPS (WHEELER) 11B. ENGINEERING SERVICES SIGNIFICANT PROJECTS REVIEW (PELHAM) 12. Board Attorney 13. Board Officials

3 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7A Department: Procurement Services Attachments: Bid Tabulation Sheet and Agreements with Chapco Fence, LLC and with Sterling Enterprises, LLC Title: APPROVAL OF THE AGREEMENTS WITH CHAPCO FENCE, LLC AS THE PRIMARY CONTRACTOR AND WITH STERLING ENTERPRISES, LLC AS THE SECONDARY CONTRACTOR FOR THE SUPPLY & INSTALLATION OF FENCING GATES ( IFB ) Summary: On March 30, 2017, Procurement Services issued Invitation for Bid (IFB ) for the supply and installation of fencing and gates at lift stations and various other locations throughout the Authority s service area on an as-needed basis. Services are to include both new and rehabilitation/replacement fencing projects. The intent was to award a contract to more than one firm to ensure project schedules are able to be met. The Contractors are to provide all labor, equipment, materials, supplies, and supervision necessary to complete the services per specifications. The Contractors will be responsible for locating utilities prior to commencing work. The costs for any repairs resulting from the Contractor cause a utility disruption will be assumed by the Contractor. IFB was opened on May 4, 2017, with three (3) firms responding: Bidder Bid Total Chapco Fence, LLC $ 79, Sterling Enterprises, LLC $ 91, Jay Fencing Services $ 95, Chapco Fence, LLC and Sterling Enterprises, LLC were determined to be responsive, responsible bidders meeting the bid s specifications. Because Sterling Enterprises, LLC is not one of our current vendors, Procurement staff contacted their references. All respondents rated their service very highly and said they would definitely do business with this firm again in the future. Chapco Fence will be the Primary Contractor, and Sterling Enterprises will be the Secondary Contractor. Services will be on a time-and-materials basis at the rates listed on the bid tabulation sheet. The secondary vendor will only by contacted when the primary vendor cannot perform work in a timely manner.

4 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7A The estimated cost for fencing and gate installations at lift stations is estimated to be 48,000 annually. The cost for new installations and/or as-needed repairs at the plants and various other facilities is estimated to be $ 52,000 annually. The term of the Agreements will commence on May 24, 2017, and continue through May 23, 2020, with the option to extend for one additional two-year period subject to written notice of agreement. Estimated Total Cost: Approximately $ 100,000 annually Recommended Action: Staff recommends approval and award of supply and installation of fencing and gates to Chapco Fence, LLC as the primary contractor and to Sterling Enterprises, LLC as the secondary contractor. Initials: tlp/fh

5 IFB Supply and Installation of Fencing and Gates Bid Tabulation Sheet Chapco Fence Sterling Enterprises Jay Fencing Services A. Chain Link Fencing Item 1 Description Mobilization/ Demobilization UOM Qty. EA 7$ $ $ 3,500.00$ $ 4,900.00$ Supply & install end, corner, or pull post, including 2 reinforcing braces & truss rod EA 49 $ ,880.00$ $ 8,477.00$ $ 4,900.00$ 3 Supply & install gate post, including reinforcing braces & truss rod EA 42 $ ,300.00$ $ 9,072.00$ $ 7,560.00$ 4 Supply & install line post EA $ 5, $ 71.00$ 6, $ $ 6, $ 5 Supply & install 8 ft. wide swing gate EA $ 3,000.00$ $ 5,790.00$ $ 3,000.00$ 6 Supply & install 6 ft. wide swing gate EA $ 1, $ $ 2, $ $ 1, $ 7 Supply & install 4 ft. wide swing gate EA $ $ $ 1,221.00$ $ $ Supply & install chain link fence, including top rail, tension wire, & 8 3 strands of barbed wire LF 1, $ 16,261.00$ 11.30$ 15,978.20$ 11.50$ 16,261.00$ 9 Supply & install optional vinyl screening LF 1, $ 4, $ 1.90$ 2, $ 3.40$ 4, $ Supply & install optional slats LF 1, $ 12,726.00$ 6.68$ 9,445.52$ 12.50$ 17,675.00$ 10 Subtotal Chain Link Fencing: 57, $ 65, $ 67, $ B. PVC Fencing Item Description UOM Qty. 11 Mobilization/Demobilization EA $ $ $ 1,500.00$ 1,000.00$ 3,000.00$ 12 Supply & install end, corner, or pull post EA $ 1, $ 91.33$ 1, $ $ $ 13 Supply & install gate post, including aluminum post stiffener Supply & install line post Supply & install 8 ft. wide double hung swing gate to include aluminum gate frame Supply & install 6 ft. wide double hung swing gate to include aluminum gate frame Supply & install 4 ft. wide single hung swing gate to include aluminum gate frame Supply & install PVC fence using 6 x6 true virgin vinyl panels EA $ 2,160.00$ $ 2,621.88$ 80.00$ 1,440.00$ EA $ 6, $ 91.34$ 7, $ $ 3, $ EA $ 1, $ $ 1, $ 1, $ 2, $ EA $ 2, $ $ 2, $ $ 3, $ EA $ $ $ $ $ $ EA $ 8,160.00$ 73.17$ 7,463.34$ $ 12,240.00$ Subtotal PVC Fencing: Total Base Bid (Chain Link + PVC) 22, $ 26, $ 27, $ 79, $ 91, $ 95,238.60$ Note: Yellow highlight = math discrepancies on bid submittal. Unit prices prevail. Offers from the vendors listed herein are the only offers received as of the stated opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. Boxed total price indicates apparent low bidder subject to evaluation and review before an intent to award is made.

6 Board Meeting Date: 5/24/17 Category: Consent Agenda Agenda Item: 7B Department: Procurement Services Attachments: IFB Bid Tabulation Sheet Title: APPROVAL TO PURCHASE TWO 2018 SERVICE TRUCKS WITH LIFT GATES IFB ) Summary: At the request of the Field Services Division, Procurement issued an Invitation to Bid IFB ) on March 21, 2017, for the supply and delivery of two ( 2) new 2017 or 2018 Kenworth, Freightliner, Mack, or Peterbilt service trucks with lift gate, one a twodoor model and one a four-door model. Because only one bid was received, Procurement left it unopened and extended the due date to April 13. Three other manufacturers ( International, Ford, and Chevrolet) were added to the specifications, and the deadline was then extended to May 4. By May 4, four No Bid Responses were received. Nextran Trucks Center ( dealer for Mack and Volvo) and Maudlin International Trucks ( dealer for International) both indicated they only offer trucks that are larger than the trucks in the solicitation. Rush Truck Center stated the four-door truck would be a custom specification. Starling Chevrolet said they only sell light-duty trucks, which are smaller than the trucks in the solicitation. Duval Ford had stated to Procurement, prior to the final extension of the due date, that they would submit a bid. When none had been received, Procurement contacted their Fleet Manager after the bid opening who advised that their body installer was too busy and had backed out at the last minute. For comparison purposes, Procurement requested a quote from Orlando Freightliner based on the Florida Sheriffs Association (FSA) contract. The FSA contract price was exactly the same as their bid price. Therefore, one (1) firm responded to the solicitation as follows: BID SUMMARY Bidder Bid Total Orlando Freightliner ( Bid Price) $ 193, Orlando Freightliner (FSA Price) $ 193,998.00

7 Board Meeting Date: 5/24/17 Category: Consent Agenda Agenda Item: 7B Upon review of the submittal, Orlando Freightliner was determined to meet the bid s specifications. The total price submitted was also lower than the amount budgeted of 213,000. Total Cost: 193, Recommended Action: Staff recommends approval of award to Orlando Freightliner for the purchase of two 2018 Freightliner service trucks with lift gate. Initials: tlp/fh

8 IFB Supply & Delivery of Two ( 2) Service Trucks with Lift Gate BID TABULATION Orlando Freightliner Item Description Qty. Price A. 2-Door Service Truck with Lift Gate, per Specifications 1 93, B. 4-Door Service Truck with Lift Gate, per Specifications 1 100, TOTAL:$ 193, Remarks: Offers from the vendors listed herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. Shaded or boxed total price indicates apparent low bidder subject to evaluation and review before an intent to award is made.

9 Board of Supervisors Regular Meeting Minutes MAY 10, 2017 Present: Vice Chair Tom White Supervisor Wendell McKinnon Supervisor John Lambert Supervisor Skip Stellfox General Counsel Mark Lawson Executive Director Brian L Wheeler Deputy Executive Director Mike Sweeney Executive Assistant Nilsa C Diaz Commissioner Wanda Rentas Commissioner Peggy Choudhry Commissioner Todd Dantzler Absent: Supervisor Clarence Thacker, Commissioner Wanda Rentas, Commissioner Todd Dantzler 1. Meeting called to order by: Vice Chair Tom White Time: 5:00 PM 2. After a Moment of Silent Reflection, Supervisor Lambert led the attendees in the Pledge of Allegiance. 3. Approval of Agenda: Walked-on Agenda items under Unfinished Business 9A. APPROVAL TO PAY INVOICES FOR SEWAGE PUMPING SERVICES AT FORMOSA GARDENS BLVD. TO ENABLE EMERGENCY FORCE MAIN REPAIRS; 9B. AMENDMENT OF A RESOLUTION OF THE BOARD OF SUPERVISORS OF TOHOPEKALIGA WATER AUTHORITY AND AMENDMENT OF THE AGREEMENT RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE TOHO ASSISTANCE PROGRAM and 10A. APPROVAL OF INTERLOCAL AGREEMENT CONCERNING ADVANCED TREATMENT FACILITIES AND SERVICES BY AND BETWEEN OSCEOLA COUNTY AND THE AUTHORITY Supervisor Wendell McKinnon moved for approval of the Agenda with the addition of three items and Supervisor John Lambert seconded the motion. Motion passed 4 to Awards and Presentations: 4A. RECOGNITION OF 2017 DROP SAVERS WATER CONSERVATION POSTER CONTEST WINNERS Mary Cox explained the program and presented Tashauna Grade 5- as the Contest Winner from Partin Settlement Elementary School. Tashauna received a $50 Gift Certificate and the school received a $500 check for art supplies. Flora Ridge Elementary was recognized as the school having the most entries and they received a $ 250 check for art supplies. Pictures were taken of the participants displaying their calendar pages. 5. Public Hearing

10 Board of Supervisors Regular Meeting Minutes MAY 10, Hear the Audience: David Couch, 5271 BTC Place Kissimmee, FL Mr. Couch spoke before the Board to complain about the customer service provided him on a recent visit to the Administration Building. Mr. Couch said that he is on the verge of bringing millions to the local economy and has not been able to obtain an answer from the Authority. Mr. Couch said that all he needed was a simple answer relating to system capacity and they kept sending him to the wrong people. Mr. Couch said that he had come to the Administration Building, saw someone on the second floor, and was referred to TWA s website. Mr. Couch owns a warehouse in an industrial park and he is selling units. He came with all the information needed but when he tried to use the TWA website he found that it does not work well. Mr. Couch feels that there should be someone here that you can talk to. Commissioner Choudhry asked if there is a procedure for appointments. Mr. Wheeler said that when someone comes in to talk about capacity they should have been directed to the Engineering department. She said that someone should have contacted Mr. Couch with an answer especially since his motive is to bring more jobs into the County. Vice Chair White asked Mr. Wheeler if someone can do some research and get back to Mr. Couch. 7. Consent Agenda: Supervisor Wendell McKinnon moved for approval of the Consent Agenda and Supervisor John Lambert seconded the motion. Motion passed 4 to 0. 7A. REQUEST FOR APPROVAL OF THE TWA REGULAR BOARD MEETING MINUTES OF APRIL 12, B. REQUEST FOR APPROVAL OF THE TWA REGULAR BOARD MEETING MINUTES OF APRIL 26, C. REQUEST APPROVAL OF THE SEGOVIA SUBDIVISION DEVELOPER S SERVICE AGREEMENT ( BIRON) 7D. REQUEST APPROVAL OF ENGINEERING SCOPE OF SERVICES WITH TETRA TECH, INC. FOR THE BOND FUNDED GRAVITY SEWER AND WATER MAIN REHABILITATION AND/OR REPLACEMENT PROJECT PHASE 2 APPROVAL OF ENGINEERING SCOPE OF SERVICES WITH TETRA TECH, INC. FOR THE BOND FUNDED GRAVITY SEWER AND WATER MAIN REHABILITATION AND/OR REPLACEMENT PROJECT PHASE 2 (NEWELL) 7E. REQUEST APPROVAL OF AN ADDENDUM WITH WHARTON SMITH FOR THE GUARANTEED MAXIMUM PRICE FOR THE CONSTRUCTION PHASE OF THE

11 Board of Supervisors Regular Meeting Minutes MAY 10, 2017 UPGRADE AND EXPANSION OF THE POINCIANA CYPRESS WEST WATER RECLAMATION FACILITY ( IFB ) (BEATTY) 7F. REQUEST APPROVAL OF ENGINEERING SERVICES REIMBURSEMENT TO STATE HOUSING DEVELOPMENT, INC. ( SUNSET OAKS DEVELOPER) FOR THE PINE ISLAND ROAD LIFT STATION, GRAVITY SEWER AND FORCE MAIN EXTENSION PROJECT ( ZHOU) 7G. REQUEST APPROVAL OF CHANGE ORDER NO. 2 TO GARNEY FOR THE SAN LORENZO AND VALNERA COURT GRAVITY SEWER MAIN IMPROVEMENTS NEWELL) 7H. REQUEST APPROVAL OF ACLARA SOFTWARE AND EQUIPMENT MAINTENANCE AND SUPPORT SERVICES RENEWAL ( IT ) (HOLMES) 8. Informational Presentations 9. Unfinished Business 9A - WALK- ON - APPROVAL TO PAY INVOICES FOR SEWAGE PUMPING SERVICES AT FORMOSA GARDENS BLVD. TO ENABLE EMERGENCY FORCE MAIN REPAIRS ( HOLMES) Deputy Executive Director Mike Sweeney said that this emergency item had been approved at the April 12, 2017 TWA Board meeting with costs determined on a time and materials basis. Foshee Construction Company was the contractor the Board approved for the emergency repairs. At the time of the emergency, Operations Staff requested Brownies Septic and Plumbing, LLC to supply six tanker trucks and 10 pumper trucks. These trucks were needed to avoid sewer spills and were successful. Supervisor John Lambert moved for approval and Supervisor Skip Stellfox seconded the motion. Motion passed 4 to 0. 9B WALK- ON - AMENDMENT OF A RESOLUTION OF THE BOARD OF SUPERVISORS OF TOHOPEKALIGA WATER AUTHORITY AND AMENDMENT OF THE AGREEMENT RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE TOHO ASSISTANCE PROGRAM ( SIKORA) Mr. Sweeney explained that at the April 26, 2017 TWA Board meeting a Resolution and Agreement had been approved for the establishment of the Toho Assistance Program (TAP) program. Based on a May 4th meeting with the Council on Aging staff, the language in the original resolution/agreement was determined to be too restrictive so an Amendment to the agreement and a new Resolution amending the original resolution was drafted and hereby offered. Vice Chair Tom White inquired as to which sections had been modified and Mr. Sweeney said that only section 6(b) in the agreement and only section 4(f) of

12 Board of Supervisors Regular Meeting Minutes MAY 10, 2017 the Resolution. Supervisor Wendell McKinnon moved for approval of the amendments to the Agreement and the Resolution relating to the Toho Assistance Program (T.A.P.). Supervisor Skip Stellfox seconded the motion. Motion passed 4 to New Business 10A. WALK -ON - APPROVAL OF INTERLOCAL AGREEMENT CONCERNING ADVANCED TREATMENT FACILITIES AND SERVICES BY AND BETWEEN OSCEOLA COUNTY AND THE AUTHORITY ( WHEELER) Mr. Wheeler explained that the Authority and Osceola County have been working on developing an Interlocal agreement to cover the Authority s participation in providing funding and financing assistance for BRIDG formerly known as the Florida Advance Manufacturing and Research Center (FAMRC) for the construction of a research and development center. The construction of the BRIDG facility is located on the site formerly known as the Judge Farms property. The Advanced Treatment Facilities to be constructed by Osceola County will be operated and maintained by the University of Central Florida ( UCF) through a lease agreement with Osceola County. The agreement provides language to accommodate the potential expansion of the Advanced Treatment Facilities serving BRIDG in the future. The agreement clearly states that the Authority is not obligated and that such a future decision is at the discretion of a future Board of Supervisors. The UCF Board only meets quarterly and if they don t approve it next week, the full execution of the Interlocal agreement with the County may be delayed. The County has requested TWA to move ahead with this agreement but Mr. Wheeler feels that the Board needs time to review the agreement and recommended a special meeting be held Friday, May 12, If the Board is available he would like to schedule a one hour workshop as opposed to propose approval of an agreement that the TWA Board has not had an adequate chance to review. Mark Lawson, General Counsel to the TWA Board, said that the way to accomplish this is not to adjourn this meeting but rather continue it until Friday May 12, 2017 and make sure that notice of the meeting is posted on the doors and on the website. Remaining to be resolved is the insurance coverage requirements. Commissioner Choudhry said that she cannot be present but would like any questions sent to her before Friday. Supervisor Wendell McKinnon moved to continue the meeting until 9:00 AM Friday, May 12, 2017 and Supervisor Skip Stellfox seconded the motion. Motion passed 4 to Staff Reports: 11A. WATER CONSERVATION Q2 REPORT ( TILLEY)-No questions from the Board. 11B. CUSTOMER SERVICE KPI BOARD PRESENTATION APRIL 2017 (HEWITT) Mary Hewitt provided an update of the Customer Service Department and added that she would also provide a Key Performance Indicator ( KPI) as part of her presentation.

13 Board of Supervisors Regular Meeting Minutes MAY 10, 2017 Ms. Hewitt said that TWA is currently servicing 100,000 customers. Supervisor Wendell McKinnon asked why the high turnover and what was causing it. Ms. Hewitt responded that when they post a position they receive about 1,000 applications out of which 26 are considered and TWA finally ends up with about 4 applicants to consider for hire. The challenge is that candidates claim that they have certain skills and then we find they do not have them. The training and testing program has been modified to more precisely determine if candidates have the skill levels required. Supervisor Skip Stellfox asked how you determine if the Call Center staff is effectively doing their job and asked if calls are monitored. Yes, supervision listens in on the calls and complete score cards for the representatives. Mr. Stellfox asked if the representatives had a chance to see their score cards. The answer was yes. Commissioner Choudhry asked for the average length of time the reps spend on the line with the customers and are there any rewards for the people that get good grades on their score cards. From the presentation, the average time on a customer call is about 300 seconds and the Performance Bonus Program provides for monetary rewards for good performance on a quarterly basis. 11C. FIELD SERVICES KEY PERFORMANCE INDICATORS ( KPI) REPORTS FOR THE FIRST AND SECOND FISCAL QUARTER 2017 ( BASHAM) Gary Basham, Director of Field Services, gave a PowerPoint presentation and fielded questions from the Board. Supervisor Skip Stellfox asked questions about the fire hydrants and that he has seen a number of units that look like they have not been painted in a long time. Commissioner Choudhry asked who was responsible for maintaining the hydrants if they are on private property. The response was that they are not the Authority s responsibility if they are on private property but rather it is the responsibility of the property owner. 11D. MONTHLY FINANCIAL REPORT FOR MARCH 2017 ( FIGUEROA) After presenting the Monthly Financial Report for March 2017 and fielding questions from the Board, Mr. Figueroa informed the Board that TWA has received an award for the third consecutive year for an outstanding budget presentation. In order to qualify, Business Services collects the budget documents and presents the information to meet certain criteria. This is the first year in which all the criteria scored was found to be proficient or outstanding. All staff in Business Services worked hard to qualify for the award. Mr. Figueroa stated that the Authority had been presented with a plaque and an additional name plate to commemorate the 2016 achievement. Deputy Executive Director Sweeney said that about three weeks ago we had to stop service and subsequently remove the meter at Heritage Park Inn for failure to pay their water bill and tampering with the meter. Vice Chair White said that through all the publicity concerning Heritage Park Inn, the Authority has not been disparaged.

14 Board of Supervisors Regular Meeting Minutes MAY 10, 2017 Commissioner Choudhry said that it is very unfortunate situation and that there are many ownerships involved. The water from the pool has now been drained. Mr. Sweeney advised the Board that they will be likely seeing a board agenda item concerning a manhole depression near Darma Circle and Nirvana in the Seven Dwarfs area. TWA will be televising this neighborhood. The affected area has been barricaded and it involves a deep sewer. Mr. Wheeler said that the consultant planning firm for Neo City will be providing a presentation to the BOCC in July and they are considering coming to the TWA Board meeting. Mr. Wheeler had a conversation with the County Manager and agreed that a discussion is needed before that happens. TWA has not been involved in a meaningful way in the planning of the reservoir thus far. 12. Adjournment: There being no further business to come before the Board, at 6:41 PM, Vice Chairman White continued the meeting until May 12, 2017 at 9:00 AM. Approved: Tom E. White, Vice Chair Attest: Clarence L. Thacker, Secretary ncd

15 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7D Department: Procurement Services Attachments: N/A Title: APPROVAL OF MAY ASSET DISPOSAL Summary: Asset disposal is a requirement set forth in Chapter 274, Florida Statutes that is intended to maximize returns on excess and surplus property by transferring the property or disposing of it through a public auction, bid, posted prices, trade-in, or donation. A list has been compiled of the Authority s inventory items examined and recommended for disposal. If approved, these inventory items will be disposed of and written-off the accounting ledgers. Items marked for donation - Staff requests the Board s approval to dispose of the computer items listed below through a donation and destruction. On June 11, 2008, the Board approved donating surplus computers to non-profit organizations on a first come first serve basis regardless of business location or where services are provided. A list of non-profit agencies is maintained by the Procurement Services Department. In order for an agency to be declared as non-profit, they must show documentation that they are certified as a 501 (c) (3) organization by the IRS. On April 25, 2012, the Board updated this policy to have items donated to organizations and schools who are system users located and provided services within the Authority service area, before donating same to other 501 (c) (3) organizations or schools. Items marked for auction Staff requests the Board s approval to dispose of the items listed below through online auction. Disposal of the vehicles retires them from the Authority s fleet and removes the related insurance carrying costs. Items marked for disposal Staff requests approval from the Board to discard items marked for disposal. These items have been tested by Information Technology staff who determined these items are unable to be repaired. Items marked for recycling Staff requests approval from the Board to sell metal materials for salvage value through recycling.

16 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7D TAG# ITEM & DESCRIPTION SERIAL # / VIN # Items marked for donation N/A Dell 2001FP Monitor CN-0C N-1WDS N/A Dell KB212B Keyboard CN-04G R-05KW -A00 N/A Dell KB212B Keyboard CN-04G A-006Z-A00 N/A Dell KB212B Keyboard CN-04G A4-02UJ-A00 N/A Dell KB212B Keyboard CN-0DJ E-04CY-A01 N/A Dell KB212B Keyboard CN-04G R-0280-A00 N/A Dell KB212B Keyboard CN-04G AI-025J-A00 N/A Dell KB212B Keyboard CN-0DJ FZ-A01 N/A Dell P190St Monitor CN-0RNMH N-N4PL N/A Dell SK-8115 Keyboard CN-0J C3-0K04 N/A HP Keyboard BAUHP0MCP1TFSE N/A HP KU-1156 Keyboard BDMGH0CWU8H19Y N/A HP KU-1156 Keyboard BDMGH0DWU356Z7 N/A HP KU-1156 Keyboard BDMGH0CVB8Y97P N/A HP KU-1156 Keyboard BDMGH0C5Y5QKKK N/A HP LA2405wg Monitor CN41350JFL N/A IMicro KB-bl919eb Keyboard IMBT N/A Lenovo KU-0989 Keyboard IS54Y E N/A Lenovo KU-0989 Keyboard 1S54Y E N/A Lenovo KUF0452 Keyboard Items marked for auction Ford F-250 Utility Truck (2011) (WS-496) 1FTBF2A62BEB90606

17 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7D N/A Vertical 4-Drawer File Cabinets ( Qty. 3) N/A N/A Ford Escape Hybrid ( 2009) (WS-439) FMCU49329KB Dell Optiplex 780 JCBBMN HP ProLiant DL360 G5 MXQ007A0MJ ipad A1498 (WiFi Only) DMPJGMU4F182 Items marked for disposal UPS Power Supply N/A UPS Power Supply N/A N/A Dell SK-8115 Keyboard CN-0DJ C-09J3 N/A Dell RT7D50 Keyboard CN-0W BM-0BCF- A00 N/A Logitech Keyboard MC908CZ N/A Logitech MK320 Keyboard SY220UK N/A Microsoft 1394 Keyboard N/A N/A APCSMT1500RM2U UPS AS N/A HP CB821A Printer MY89F250KM Panasonic Toughbook 48 3JYUA Panasonic Toughbook 48 3JYUA Panasonic Toughbook 48 3JYUA14612 N/A Desk (Laminate) N/A Items marked for disposal via recycling N/A Total N/A Cost:

18 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7D Recommended Action: Staff recommends Board approval to dispose of the listed inventory items through donation, auction, disposal, or recycling. Initials:tlp/fh

19 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7E Department: Board Attorney Attachments: Consent to Encroachment Agreement with Exhibit A Title: CONSENT TO ENCROACHMENT AGREEMENT WITH SABAL TRAIL TRANSMISSION, LLC Summary: On April 4, 2012, Tiffany Brown, as personal representative of the Estate of Horace Epps Brown, granted a non-exclusive easement to TWA for an eight-inch (8 ) reuse water main. On March 18, 2016, Sabal Trail Transmission, LLC, filed a Complaint in the United States District Court to condemn easement interests necessary for its interstate natural gas pipeline project. Because of the reuse water easement, TWA was named as a Defendant in the lawsuit and served with the Complaint on April 6, The matter was referred to Kent Hipp, an attorney with Gray Robinson, for representation of TWA in the case. On June 2, 2016, the District Court Judge entered an Order granting Sabal Trail Transmission, LLC, access to and possession of the subject easements, including the right to encroach on the TWA easement. According to the plans, Sabal Trail s proposed 36 pipeline will cross under the TWA reuse water main. TWA Engineering Services Department staff have reviewed and approved the gas pipeline crossing detail to ensure protection of the TWA reuse water main. Kent Hipp and the attorney representing Sabal Trail Transmission, LLC, have negotiated a Consent to Encroachment Agreement. This Agreement consents to the encroaching improvements on the TWA easement, identifies the location of the Sabal Trail easement and improvements, and establishes the terms and conditions of such encroachment. The document has been signed by a representative of Sabal Trail Management, LLC, as the operator of Sabal Trail Transmission, LLC. Kent Hipp is currently negotiating with the attorney representing Sabal Trail concerning payment of compensation for attorneys fees and staff time incurred by TWA in the eminent domain case. Mr. Hipp recommends that the Consent document executed by TWA will be provided to Sabal Trail at closing only upon Sabal Trail s payment of an amount for the Consent equivalent to the amount of fees and costs incurred by TWA for the legal and engineering efforts ( including TWA staff efforts) necessitated by Sabal Trail s project. Total Costs: None.

20 Board Meeting Date: 5/24/2017 Category: Consent Agenda Agenda Item: 7E Recommended Action: General Counsel recommends that the Board approve a motion approving and authorizing the Chair to execute the Consent to Encroachment Agreement, contingent upon Sabal Trail s payment of fees and costs incurred by TWA for legal and engineering efforts necessitated by the project. Initials: MSS

21 SABAL TRAIL TRANSMISSION, LLC 400 Colonial CeriterParkiNay, Suite 300 Lake Mary, FL Sabal Trail TRANSMISSION.,, May 10, 2017 Tohopekaliga Water Authority Attn: Brian Wheeler 951 Martin Luther King Blvd. Kissimmee, FL Re: Sabal Trail Project, Pipeline Commissioning Activities Tract( s): HT125- FL- OS Dear Tohopekaliga Water Authority: Sabal Trail Transmission, LLC (" Sabal Trail") is completing the construction of the pipeline and is restoring its rights- of- way on or near your property. Sabal Trail will also be performing activities in preparation for being inservice late 2"d quarter of this year. There are a series of activities that need to occur and are referred to as commissioning" the pipeline system. Commissioning involves testing the pipeline to ensure it will operate as designed and constructed. This is done I - through a controlled procedure known as " purge and pack." The purge and pack procedure evacuates air from the pipeline, fills it with natural gas and pressurizes it. This process will begin on the south end ohhe pipeline near Kissimmee, Florida and work north during the next several weeks. At times during the testing procedures, the venting of natural gas to the atmosphere may be heard at select Sabal Trail above- ground facilities. These will be for brief periods, and again, are standard testing proc: edures and pose no danger to the public. Sabal Trail will also notify community safety officials and first responders along its pipeline system of these upcoming activities. Sabal Trail and its contractors Will continue with the restoration of the pipeline rights- of- way during these activities and over the coming months. Sabal Trail' s land representatives will continue to\ work with landowners to address areas that require restoration or repair and address any other related issues. For questions or concerns about commissioning or restoration, please feel free to contact our 24- hour Construction Hotline at Sabal Trail is committed to operating a safe and efficient interstate pipeline consistent with all applicable federal regulations. Please do not hesitate to contact us whenever you have a question or concern. Sincerely, ~ JJ\ Ci ~ Kitt~ Maidens Right- of- Way Manager, Sabal Trail Transmission, LLC

22 This Document Prepared by and Return Recorded Document to: SABAL TRAIL TRANSMISSION, LLC Rights of Way & Land Dept Westheimer Court Houston, Texas CONSENT TO ENCROACHMENT AGREEMENT THIS CONSENT TO ENCROACHMENT AGREEMENT ( the Agreement ) is made and entered into this day of, 2017, by and between TOHOPEKALIGA WATER AUTHORITY, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, whose address is 951 Martin Luther King Boulevard, Kissimmee, Florida ( TWA ), and SABAL TRAIL TRANSMISSION, LLC, a Delaware limited liability company, whose address is 5400 Westheimer Court, Houston, Texas ( Company ). W I T N E S S E T H: WHEREAS, pursuant to that certain Order dated June 2, 2016, and filed June 3, 2016, as Document 42, Page ID , in that certain condemnation action in the United States District Court, Middle District of Florida, Orlando Division, styled Sabal Trail Transmission, LLC vs. +/ Acres of land in Osceola County Florida, Brown Ranch Six Properties, LLC, ET. AL., Case Number 6:16-cv GAP-KRS ( the Order ), Company may construct, install and maintain a pipeline and appurtenant facilities in, on over, under and across a portion as more particularly described in the Order (the Company Easement ) of the following described land: A certain tract or parcel of land containing acres, more or less, lying within Section 14 Township 25 South, Range 28 East, and described as Parcel A in Personal Representative s Deed dated September 10, 2013 from Tiffany Brown, not individually, but solely as the Personal Representative of the Estate of Horace Eppes Brown, deceased, to Brown Ranch Six Properties, LLC, a Florida limited liability company, recorded September 23, 2013, in Official Record Book 4506, Page 139, Public Records of Osceola County, Florida (the Property ); and WHEREAS, TWA by Easement executed by Tiffany Brown, as personal representative of the Estate of Horace Epps Brown, dated April 4, 2012, and recorded in Official Records Book 4270, Page 2338, Public Records of Osceola County, Florida, has acquired an easement over and across the following described portion of the Property; A portion of the South feet of the North feet of the SE 1/4 of Section 14, Township 25 South, Range 28 East, Osceola County, Florida being more particularly described as follows: 1

23 Commence at the Northeast corner of the SE 1/4 of said Section 14; thence S 00 05'41" W a distance of feet along the East line of said SE 1/4, also being the West line of Windward Cay Unit II, as recorded in Plat Book 7, Page 62, of the Public Records of Osceola County, Florida, to the Point of Beginning; thence continue S 00 05'41" W a distance of feet along said East and West line; thence N 89 57'39" W a distance of feet along a line feet South of and parallel with the North line of said SE 1/4 to a point on the Easterly right of way line of Poinciana Boulevard, a 200 foot wide public right of way; thence N 44 39'30" W a distance of feet along said Easterly right of way line; thence S 89 57'39" E a distance of feet along a line that is feet South of and parallel with said North line to the Point of Beginning. Containing 19,950 square feet or 0.46 acres more or less (the TWA Easement ); and WHEREAS, a portion of the improvements constructed or to be constructed by Company on the Company Easement encroach or will encroach on the TWA Easement as more fully depicted on the drawing attached hereto as Exhibit A and made a part hereof (the Drawing ); and WHEREAS, such improvements to the extent that they encroach or will encroach on the TWA Easement as depicted on the Drawing are hereinafter collectively called the Encroaching Improvements; and WHEREAS, Company has requested that TWA enter into this Agreement for the purpose of acknowledging and consenting to the Encroaching Improvements; and WHEREAS, subject to the provisions hereof TWA is agreeable to the same. NOW, THEREFORE, for and in consideration of the premises herein contained TWA and Company do hereby agree as follows: 1. The recitals set forth above constitute and integral part of this Agreement and are incorporated herein by this reference with the same force and effect as if set forth herein. 2. TWA does hereby consent to the Encroaching Improvements, subject to the terms and conditions of this Agreement. 3. Except for the installation of the Encroaching Improvements as permitted by the Order, Company agrees that it will not construct any facilities within the TWA Easement, and Company agrees that except for the construction, operation, and maintenance of the Encroaching Improvements, Company will not interfere with the TWA Easement or the facilities located therein. 4. Neither TWA, any party claiming by, through or under TWA, nor any other party 2

24 acting for or on behalf of TWA or any such party claiming by, through or under TWA shall ( i) construct, plant, or place any building, structure, additional improvement, additional pipeline, tree or other obstruction on, over, across or under the Company Easement; ( ii) change the grade of the Company Easement; or iii) otherwise interfere with the rights granted to Company under the Order. 5. Company shall indemnify and hold harmless TWA from and against any and all legal actions, claims, demands and other expenses, including court costs, reasonable attorneys fees and other costs of defense, arising out of or in connection with any negligent or intentional act of Company, its officers, employees, servants or agents, resulting from the construction, operation or maintenance of the Encroaching Improvements, except to the extent caused by the negligence of TWA, its officers, employees, servants or agents. TWA is a governmental entity with sovereign immunity. TWA, only to the extent provided by law, shall save and hold harmless Company from and against any claims or demands by any person or legal entity against Company and against any damage to the Encroaching Improvements arising out of any negligent act of TWA, its officers, employees, servants or agents, resulting from the operation or maintenance of TWA s facilities. Nothing contained herein shall constitute a waiver of TWA s sovereign immunity or of the limitations set forth in Section , Florida Statutes, or its successor in function. Additionally, this provision shall not be construed to impose contractual liability on TWA for underlying tort claims beyond the limits specified in Section , Florida Statutes, or its successor in function. Notwithstanding anything to the contrary herein, TWA shall not waive any sovereign immunity as a result of this or any other agreement resulting from the subject matter hereof; and nothing herein shall be construed to usurp or contract away any immunity, or the duty or authority of TWA to exercise any police powers as defined by law. 6. The terms and conditions hereof shall run with the land and shall be binding upon and inure to the benefit of TWA and Company, their respective heirs, successors and assigns. 7. TWA shall notify Company at its office at 5400 Westheimer Court, Houston, Texas at least three ( 3) working days prior to any work on or around the Company Easement so arrangements can be made for a Company representative to be on site. 8. Company shall notify TWA at its office at 951 Martin Luther King Boulevard, Kissimmee, Florida at least three ( 3) working days prior to any work on or around the TWA Easement so arrangements can be made for a TWA representative to be on site. 9. Any failure of either Company or TWA to enforce any of the provisions of this Agreement or to require compliance with any of its terms at any time during the pendency of this Agreement shall in no way affect the validity of this Agreement, 3

25 or any part hereof, and shall not be deemed a waiver of the right of either Company or TWA thereafter to enforce any and each such provisions. 10. No change, amendment, or modification of this Agreement shall be valid or binding upon the parties hereto unless such change, amendment, or modification is in writing and duly executed by both parties hereto. s or any other electronic exchange shall not constitute a writing for the purposes of amending this Agreement. IN WITNESS WHEREOF, TWA and Company have caused this Agreement to be executed the day and year first above written. TOHOPEKALIGA WATER AUTHORITY, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature Attest: By: Print Name: Secretary, Board of Supervisors Print Name: Vice Chairman, Board of Supervisors Date: STATE OF FLORIDA COUNTY OF OSCEOLA The foregoing instrument was acknowledged before me this day of, 2017, by, as Vice Chairman of the Board of Supervisors of the Tohopekaliga Water Authority, an independent special district established and created pursuant to Chapter 189, Florida Statutes, by special act of the Florida Legislature, on behalf of the district. He is personally known to me or has produced as identification. Signature of Notary Public, State of Florida Printed Name of Notary Public, State of Florida Commission No. My commission expires: 4

26 WITNESS: SABAL TRAIL TRANSMISSION, LLC By: Sabal Trail Management, LLC, Its Operator Print Name: By : Tina V. Faraca, Vice President Print Name: STATE OF TEXAS COUNTY OF HARRIS ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me this day of 2016, by Tina V. Faraca, as Vice President, of Sabal Trail Management, LLC, as operator of Sabal Trail Transmission, LLC. She is personally known to me or has produced ( type of identification) as identification. AFFIX NOTARY SEAL] My commission expires: NOTARYPU BL IC \ 21 - # v1 5

27 Board Meeting Date: 5/24/2017 Category: Unfinished Business Agenda Item: 9A Department: Executive Office Attachments: TWA Proposed Sponsorship Program Presentation ; TWA Proposed Sponsorship Process Guidelines Title: APPROVAL OF SPONSORSHIP APPLICATION AND REVIEW PROCESS REVISIONS Summary: The Board of Supervisors has indicated a desire for staff to develop and propose a better approach to reviewing and approving sponsorships requests. Based on the discussions occurring at Board meetings staff has developed an improved process and guidelines to accomplish previously discussed goals that include but are not limited to increasing feedback from the sponsored party and increasing the predictability of the funding request levels for budgetary compliance. The application, approval process and guidelines presented as attached are designed to conform to current policy and, thus, not be a departure from its original intent of sponsoring corporate and public purposes. Some of the highlighted improvements include expanding the sponsorship application form to request more information from the applicant and placing the form on the Authority website for mutual convenience. Organizations requesting a major sponsorship ($ 5,000 or more annually) will be required to bundle their events into one request per fiscal year as part of their sponsorship application. Sponsorship requests that are less than $ 5,000 are proposed to be given two defined deadlines to submit applications for events occurring sometime in January-June or July-December. These changes results in receiving the application well in advance of planned events allowing more time for consideration and feedback. Sponsorship applicants will be informed that they may be invited to Board meetings to provide more information and feedback to the Board regarding their results. Total Costs: N/A Recommended Action: Staff requests direction from the Board to proceed with the proposed improved sponsorship application and approval process. Initials MWS

28 GENERAL INFORMATION Sponsorship Application Process Goals of TWA s Sponsorship Program Make the sponsorship application and review process more informative to our Board. Create a convenient online application process to save time. Increase sponsored organization accountability. Select organizations having the greatest impact. Provide the board feedback regarding organization s effectiveness. Provide guidance to new organizations interested in participating in future years. Encourage the packaging of sponsored events together in one sponsorship rather than individual sponsorships. The application and selection process and dates to remember We invite organizations to submit an application for an annual sponsorship with specific due dates. Major sponsorship requests totalling $ 5,000 or more must be submitted by to be considered for Board approval for following fiscal year ( TWA s fiscal year is October 1 through September 30). Sponsorship requests of less than $ 5,000 must be submitted by November 1 for events scheduled during January through June or by May 1 for events scheduled during July through December. Board approves, amends or denies the application, if it so chooses. Applying organizations are notified of the decision. Sponsored organizations should plan to submit a brief report and may be invited to present it to the Board covering their sponsored event and overall goal achievement status sometime during the fiscal year of approved request. What we do not sponsor: Organizations that are not public charities i.e. not tax- exempt under paragraph 501(c)(3) of the U.S. Internal Revenue Code; Political candidates, committees or organizations; Churches and religious or sectarian organizations, unless engaged in a significant project benefiting the entire community; Organizations that discriminate against people because of their age, race, creed, gender, handicap, sexual orientation, gender identity, ethnicity or national origin Events outside our service area ( exceptions may apply if event is water industry related) CLICK HERE TO BEGIN APPLICATION

29 Improving the TWA Sponsorship Application Process May 24, 2017

30 Toho Water Authority Sponsorship Program Goals 2 Public Purpose The promotion of the public health, safety, general welfare, security, prosperity and contentment of the general public within the Toho Water Authority service area particularly through education and environmental awareness and preservation. Corporate Purpose The furtherance of the mission, business interests, and responsibilities of Toho Water Authority including preserving and enhancing the environment and its water resources.

31 Goals of Sponsorship Program Improvements 3 Make the sponsorship application and review process more informative to our Board. Create a convenient online application process to save time. Increase sponsored organization accountability. Select organizations having the greatest impact. Provide the board feedback regarding organization s effectiveness. Provide guidance to new organizations interested in participating in future years. Encourage the packaging of sponsored events together in one sponsorship rather than individual sponsorships.

32 Proposed Application and Selection Process 4 Invite organizations to submit an application with specific due dates Major sponsorship requests totaling $5,000 or more must be submitted by to be considered for Board approval for following fiscal year TWA s fiscal year is October 1 through September 30). Sponsorship requests totaling less than $5,000 must be submitted by November 1 for events scheduled during January through June or by May 1 for events scheduled during July through December. Application includes a request to include their annual event plan Staff collects and evaluates the requests and submits to the Board prior to a budget workshop Board approves, amends or denies the application, if it so chooses Organizations are notified of the decision Sponsored organizations would submit a brief report and may be invited to present it to the Board covering their sponsored event and overall goal achievement status

33 List of Sponsored Community Partners With Past Major Requests 5 St. Rose of Lima Food Pantry Osceola County Historical Society McCormick Research Foundation/ Heavenly Hooves Help Now Osceola Boys & Girls Club Osceola County Council on Aging Community Vision YMCA Grace Landing Kissimmee/ Osceola County Chamber Education Foundation Boy Scouts of America

34 6 Example Application Questions Describe how your organization would use TWA approved sponsorship funds. What are the organizations goals toward promoting or ensuring water and environmental conservation; water quality protection and improvement? How does your organization improve community lives and/ or community quality of life? What measurable target objectives will be used to determine the success of a TWA sponsorship toward achieving the sponsored organization s goals Describe the impact made or anticipated in the community ( the TWA service area) in terms of numbers of individuals affected for the amount of funds received

35 Example Application Questions, cont d 7 What is the organization s social media communication strategy, especially as it concerns moving/ sharing traffic favorable to itself and toward TWA? How will any unmet organizational goals be addressed in future years? How will TWA be linked and appear as a sponsor on the organization s website? Total amount of the request? What happens to the sponsor funds if the event(s) are cancelled?

36 Next Steps 8 Finalize application form and guidelines Notify all sponsorship requestors of the revised application process and where to find the application form Staff will review the applications, summarize and present information and findings to the board Board review and approves as it wishes The major sponsorship review could coincide with the budget approval process

37 Reminder Rules for Participation 9 TWA cannot sponsor: Organizations that are not public charities - taxexempt under paragraph 501(c)(3) of the U.S. Internal Revenue Code; Political candidates, committees or organizations; Churches and religious or sectarian organizations, unless engaged in a significant project benefiting the entire community TWA does not discriminate due to age, race, creed, gender, handicap, sexual orientation, gender identity, ethnicity or national origin Events outside our service area (exceptions may apply if event is water industry related)

38 10

39 2016/ 2017 Sponsorship Request Organization Event Name Event Dates Amount Requested Amount Approved Status of Payment Help Now of Osceola Top 10 List" Annual Sponsor/ Lobster Fest/ Wine Pairing 10/15/16 & TBD $ 5, $ 5, Complete City of Kissimmee Great Outdoors Day 11/ 5/ 2016 $ $ Complete St. Rose of Lima Food Top 10 List" Big Pantry Band Charity Event 11/ 6/ 2016 $ 5, $ 5, Complete Osceola County Historical Society Education Foundation Clarita's House Ministry Rotary Club of Kissimmee Bay Boys & Girls Club McCormick Research Foundation/ Heavenly Hoofs Top 10 List" Annual Sponsor- Pioneer Days 11/ 10-11/ 12 $ 7, $ 7, Complete Top 10 List" Annual Sponsor $ 6, $ 6, Complete 3rd Fund for Hope Fashion Show 11/ 12/ 2016 $ $ Complete 17th Annual Casino Night 11/ 19/ 2016 $ $ Complete Top 10 List" Annual Sponsor $ 4, $ 4, Complete Annual Golf Tournament $ 2, $ 2, Complete Osceola Tech Farm Celebration 1/ 17/ 2017 $ 1, $ 1, Complete ICAMAR/ UCF Osceola Soil & Water Conservation District Regional Envirothon 2/ 2/ 2017 $ $ Complete First Robotics Team OHS First Robotics Competition 3/ 9-3/ 11 $ $ Complete Osceola Council on Aging " Top 10 List" $ 9, $ 9, Complete YMCA " Top 10 List" $ 12, $ 12, Complete Boy Scouts of America " Top 10 List" $ 4, $ 4, Complete Community Vision " Top 10 List" $ 5, $ 5, Complete Osceola/ Kissimmee Chamber " Top 10 List" $ 5, $ 5, Complete Osceola County Rodeo 2/17-19th $ 3, $ 3, Complete Team Kareem 5k Walk Request Denied Grace Landing Paddle Challenge 6/ 3/ 2017 $ 5, $ 5, Complete