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Home My Public Portal AboutIndependent Contractor Agreement- AWR Strategic ConsultingSTATE OF GEORGIA ) COUNTY OF CHATHAM ) INDEPENDENT CONTRACTOR AGREEMENT This Agreement, made and entered into this day of , 2018, by and between the City of Tybee Island, Georgia (hereinafter the "City") and AWR Strategic Consulting, LLC (hereinafter referred to as "AWR"). WITNESSETH• WHEREAS, the City is a Municipal Corporation in the State of Georgia; and WHEREAS, the City is in need of securing consulting services in connection with an urgent immediate project of maintaining and restoring sand dunes for the City's beach (hereinafter referred to as "Sand Dune Project") and the Beach Re -nourishment Project ("Beach Re -nourishment"); and WHEREAS, Alan Robertson (herein referred to as "Robertson"), principal owner of AWR, has served as a volunteer in a number of capacities for the City and, as a result of that experience and time invested, as well as his background and education, possesses the necessary skills to be of substantial assistance to the City in accomplishing the Sand Dune Project; and WHEREAS, the City wishes to retain AWR for assistance in connection with the Sand Dune Project generally described on Exhibit "A" hereto; and WHEREAS, the parties wish to enter into an agreement whereby AWR will work with and on behalf of the City on a consulting basis as an independent contractor; and WHEREAS, the parties wish to reduce their agreement to writing, 1 NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the parties agree as follows: 1. AWR shall perform tasks related to the Sand Dune Project and the Beach Re - nourishment Project so as to assist the City in the most efficient and economical implementation thereof including assisting in planning, securing financing and the implementation of the project. It is contemplated that these projects will occur over a 24 month period from the date of this Agreement. AWR will perform such services and invoice monthly therefor showing the hours worked and will be paid at an hourly rate of $150.00 per hour. AWR shall not perform in excess of fifty (50) hours per month in services without express authorization of the Mayor and Council. In the event AWR believes additional time is needed in any particular month to perform services in order to keep the project on schedule, AWR shall notify the Manager and request consideration by the Mayor and Council. 2. AWR will make its consulting services available to the City and consult with City staff, management, elected officials and counsel as appropriate in connection with projects assigned and shall use his best efforts in connection with those projects in the best interests of the City. 3. AWR will report on the status of the projects in Exhibit A to the City Manager and, monthly to the Mayor and Council by way of a direct report presentation at a City Council meeting. 4 Any supplies or materials needed for AWR to perform the functions outlined herein shall be purchased by and belong to the City; however, all of such purchases shall be 2 approved by the City Manager or other authorized City official. Reasonable expenses for postage, copying and approved travel shall be reimbursed to AWR within thirty (30) days of the submission of an invoice. All travel anticipated must be approved in advance by the City Manager and any other expenses will be reimbursable only if the City, through the City Manager, authorizes such and agrees in writing that the City will be responsible therefor at least three (3) days prior to such expense being incurred. 5. AWR will respond within a reasonable period of time not to exceed forty-eight (48) hours to inquiries from authorized representatives of the City on issues relating to the projects and as otherwise assigned and will provide advice, suggestions and consultation to City staff in connection with such projects. 6. It is understood between the parties that the City shall make all decisions concerning City personnel, City funds and budgeting and no expense chargeable to the City may be incurred by AWR without express prior authorization from the City Manager. AWR shall be authorized to hire other consultants, professionals, engineers, or other agents; however, any such person or entity shall be at AWR's sole expense. 7. Specifically authorized representatives of the City including the Manager, City Attorney, and elected officials may initiate contact with Robertson regarding inquiries in connection with the Sand Dune and Beach Re-nourishment project. Confirmation of any request for AWR's services shall be made by any such employee or agent of the City in writing indicating that the request is made pursuant to this Contract. 3 8. AWR is retained only for the purpose and to the extent set forth in this Agreement and Robertson's relationship to the City shall be that of a independent contractor. As such, Robertson shall not be entitled to any retirement, health, or similar benefits which are available only to City employees. AWR shall indemnify and hold harmless the City and all of the City's personnel and elected officials and agents from and against any claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the performance of services provided that any such claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of AWR, anyone directly employed by AWR or anyone for whose acts AWR may be liable. 9. AWR maintains insurance coverage as follows: commercial general liability; errors and omissions; and automobile liability insurance. The City should be named as an additional insured and/or the City may elect to be identified as the certificate holder in lieu of being an additional insured. 10. Notwithstanding any other provision hereof, either party may terminate this contract for any reason whatsoever, or for no reason at all, as the party may determine in its own discretion, upon thirty (30) days notice in writing to the other party. Notice as required in this paragraph or any other notices required or called for under this Agreement shall be directed as follows: To Robertson: Alan Robertson AWR Strategic Consulting, LLC PO Box 303 Tybee Island, GA 31328 4 To City: Mayor Jason Buelterman Or His Successor in Office City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 with a copy to: and to: City Manger Post Office Box 2749 Tybee Island, Georgia 31328 Edward M. Hughes, Esq. Ellis Painter Ratterree & Adams PO Box 9946 Savannah, Georgia 31412 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the day and year first above written. City of Tybee Island, Georgia By: Jason Buelterman, Mayor Attest: Jan LeViner AWR STRATEGIC CONSULTING, LLC By: Alan Robertson, Principal Witness: APPROVED AS TO FORM: Edward M. Hughes Attorney for City of Tybee Island, Georgia 5 Exhibit A Dune Restoration Project The Georgia Department of Community Affairs has indicated Tybee will be granted $5 million to fund the Dune Restoration Project to repair damage to our dune system created by hurricanes Mathew and Irma, strengthen the dune system to provide enhanced protection from future storm surge, and continue to provide effective public access to the beach by repairing and extending pedestrian crossovers as well as DPW and marine rescue vehicle crossovers once the dunes are restored. At the time of this Contract we are expecting to receive a Memorandum of Understanding from the DCA shortly, which will outline the parameters of the funding. The funding is expected to occur over 21 months from July, 2018, extending to April 30, 2020. Beach Re -nourishment Project Additionally, another $13 million has been awarded to the City to fund a complete Beach Re - nourishment Project, expected in the fall of 2019. Scope of Work AWR will assist the City Manager and Staff in planning the project, obtaining necessary regulatory permits, putting work out to bid, coordinating with vendors and contractors to get work done on a timely basis and within the requirements of the Georgia Department of Natural Resources, holding public hearings to obtain comment and answer questions, and reporting to the Infrastructure Committee of the City Council on a regular basis as the City Manager or City Council deem appropriate for both the Dune Restoration and the Beach Re -nourishment. Approval by the Georgia DNR Shore Protection Act Committee is required for all work contemplated by this Dune Restoration Project Due to DNR restrictions preventing any disruptive activity on the beach during turtle nesting season, from May 1 to November 1 of each year, work on dune restoration is limited to November 1 to April 30 each year. The City will work with both the DNR and the Army Corp of Engineers ("USACE") in the Beach Re -nourishment Project. EM1-l1TYBEE\7095/Contract 09.06.18 6