HomeMy Public PortalAbout20190711AmendedPacket.pdfMAYOR CITY MANAGER
Jason Buelterman Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Wanda Doyle CITY ATTORNEY
Julie Livingston Edward M. Hughes
Monty Parks
Shirley Sessions
CITY OF TYBEE ISLAND
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
July 11, 2019 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Executive Session
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Recognitions and Proclamations
1. Jason Buelterman: 2nd Annual Georgia International Trade and Commerce Summit
2019
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
2. Minutes, City Council Meeting, June 13, 2019
3. Minutes, First Reading, Millage, June 20, 2019
4. Minutes, Second Reading, Millage, June 20, 2019
5. Minutes, City Council Meeting June 27, 2019
Consideration of Boards, Commissions and Committee Appointments
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
6. Alan Robertson: National Fish and Wildlife Grant
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
7. Kathryn Williams: Humane Society for Greater Savannah to promote the Tybee Prom
8. Nicholas Smilek: Beach Rules enforcement and protocol for violators
9. Mack Kitchens: Short Term Vacation Rentals
Consideration of Approval of Consent Agenda
Public Hearings
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
10. Approval of Equality Fest Parade 8-24-19
11. Taco Aloha, LLC dba Chamacos Tacos & Surf:
Alcohol and Entertainment License Request- Liquor/Beer/Wine/Sunday Sales
1311 Butler Ave
Consideration of Bids, Contracts, Agreements and Expenditures
12. Contract, Replacement of DPW Roof, Delta Metals, $29,000.
Consideration of Ordinances, Resolutions
13. Resolution: Tybee Road Scenic
14. Resolution: Marsh Hen Trail
15. Resolution: Suspending Special Review and Fees for Dune Crossover Improvements
16. Resolution: Distribution of the Tourism Product Development Portion of the Hotel/Motel
Tax as Authorized by House Bill 591
Council, Officials and City Attorney Considerations and Comments
17. Bubba Hughes, Christa Rader, Lullwater Road
18. John Branigin: Golf Carts
19. Wanda Doyle: Parking, Solomon/Van Horn at Meddin
20. Wanda Doyle, Proposal, Environmental Services, Inc., Tybee Island Dune Restoration
Monitoring 2019
21. Julie Livingston: City Procedures and Licensing as it applies to Beach Rental Businesses
22. Monty Parks: Recycling update
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
23. Monty Parks: Shallow well shower update
24. George Shaw - Home business and home occupation
25. George Shaw: Affordable Housing Update from Planning Commission
26. George Shaw, Historic Designation for City Hall
27. Shawn Gillen: Confirmation of Peter Gulbronson, City Engineer
Minutes of Boards and Committees
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to ob serve and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable
accommodations for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
2. Minutes, City Council Meeting, June 13, 2019
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City Council Minutes, June 13, 2019
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on June 13, 2019. Those
present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and
Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City
Attorney; George Shaw, Director, Community Development; Angela Hudson, Finance Director
and Janet LeViner, Clerk of Council.
Julie Livingston made a motion to adjourn to Executive Session to discuss Personnel,
Litigation and Real Estate. Wanda Doyle seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to return to Regular Session. Barry Brown seconded. Vote
was unanimous, 6-0.
Mayor Buelterman listed the following items on the consent agenda:
Minutes, May 23, 2019, City Council Meeting
Minutes, June 5, 2019, Special Emergency City Council Meeting
2019 Agenda Request-Salt Island Fish & Beer-add beer & wine package sales; Sunday
Sales and Entertainment. Alcohol License Request: Beer and Wine – Package Sales
added to existing alcohol license. Sunday Sales-Package Sales, add to existing alcohol
license. Sales associated with beverage tastings; Add Entertainment License
Police and Fire Departments Certification and Education Incentive Pay. Staff was
tasked by the Finance Committee with developing a method to make police and fire
salaries more competitive. Attached is a certification and education incentive plan that
would allow officers to increase their pay by obtaining certifications and academic
degrees related to their job. The total budget impact for the program for the coming
fiscal year is $101,622
Ocean Rescue Late Shift Pay Incentive. Authorize the Fire Chief to offer a $25/shift
incentive to ocean rescue personnel who work from 6:00PM until dark. This will allow
for back up to Fire Department Personnel who have to go into the water to rescue
swimmers after the life guards have gone off duty.
Approve to purchase Backhoe, Low Country Machinery low bidder. Line Item: 100-
4210-54-2100 Machinery and Equipment
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner
Pledge of Allegiance
Mayor Buelterman explained the procedure for the upcoming 2019 Municipal Election. He
stated there will be three council seats open: Julie Livingston, Barry Brown and Wanda Doyle
to include the Mayor’s seat, which are all four year terms. Qualifying will open on Monday,
August 19th, 2019 at 8:30AM and close on Thursday, August 22nd at 4:30PM. There will also
be a Special Election to fill the seat held by Shirley Sessions as she has declared to run for the
Mayor’s seat. Qualifying for that will begin on Monday, August 26th at 8:30AM and will end on
Wednesday, August 28, 2019 at 1:30PM. The Special Election will be held concurrent with the
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Municipal Election on November 5, 2019. Ms. Session’s seat will only be for the remainder of
her tenure which is two year. If anyone has questions, please see Jan LeViner, the Clerk.
Citizens to be Heard.
William Brown and Brian Harn approached Mayor and Council to talk about the Tybee
Prom and Humane Society for Greater Savannah. Mr. Harn stated the Prom will be held
on Saturday, July 20, 2019 at the American Post on Tybee Island. He urged everyone to
attend to support the Humane Society for Greater Savannah. Mr. Brown showed a brief
presentation explaining how the proceeds will be used for the Adoption Center, Pet Disaster
Preparedness, Shelter Medicine Program, Training Classes, and Nuzzle Buddy Program within
the Humane Society. Mayor Buelterman thanked Mr. Brown and Harn for their support with
the Tybee Prom. Ms. Sessions also thanked them for their work with the Humane Society.
Jeff Cramer approached Mayor and Council to speak on Affordable Housing Tybee Island.
Mr. Cramer showed a presentation establishing locations where workforce housing could be
built. He is recommended the housing could be in the C-2 District which would be
accomplished by expanding the District. Mayor Buelterman thanked Mr. Cramer for his
concerns and recommended this come back to the July 11, 2019 meeting.
Tom Mahoney approached Mayor and Council. Mr. Mahoney, representing the Burke Beach
Rentals on the beach equipment issue. He stated the Burke business is a local business and
set up chairs and umbrellas on the beach. They are licensed by the City and in compliance
with DNR. Mr. Mahoney further stated contrary to belief they are not a monopoly as there are
three businesses that set up chairs and umbrellas on the beach. The Burkes have four of the
nine locations on the beach and remain committed to working with the City Staff and
residents.
Karen Gilbert approached Mayor and Council to speak to the Ad Hoc Committee for a boat
ramp at Alley 3. Ms. Gilbert is not in favor of the proposed dock as there are serious parking
and public safety concerns in that area. Mayor Buelterman thanked Ms. Gilbert for her
comments.
Debbie Kearny approached Mayor and Council to speak to the proposed boat ramp at Alley
3. Ms. Kearny’s concerns included liability of the boat ramp and the premises of the ramp
being used by rescue units. She does not feel this is the only solution for the launching of
rescue boats and equipment.
Dale Williams approached Mayor and Council to speak on the proposed ordinance regarding
the sand bar. He would ask Mayor and Council to delay the vote as he feels there should not
be an ordinance. Mr. Williams does not feel it is enforceable and possibly education is the
alternative. He recommended a possible exhibit at the Marine Science Center, better signage
and education by Staff. Mr. Williams suggested education over legislation. Mayor Buelterman
thanked Mr. Williams.
Mack Kitchens approached Mayor and Council to speak to trash on the beach. Mr. Kitchens
thanked DPW and Tim Arnold for their hard work to contain and eliminate the trash on the
beach. He urged Mayor and Council to vote for change of bidding of concessions at public
locations, beach locations. Mr. Kitchens urged Council to put a stop to the obscene behavior of
littering on the beach. He feels by the bidding of the “for profit” beach concessions it will bring
in more revenue for the City. Mayor Buelterman thanked Mr. Kitchens.
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Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote
was unanimous, 6-0.
Public Hearings
First Reading, FY2020 Budget. Dr. Gillen explained the first reading of the proposed
budget is tonight and the second reading is on June 27, 2019. To the proposed millage rates,
there will be three public hearings, two on June 20th and final reading on June 27, 2019. Mayor
Buelterman stated the budget has been published according to the State Statutes and copies
have been placed at the library and City Hall for public review. He made reference to the
Tybee Island Fire Department. Mayor Buelterman stated with the increase in the parking
rates, those funds can be used for funding additional fire fighters. This will allow for quicker
response times for emergencies. This will eventually improve our fire rating. Ms. Doyle stated
with the postponement of the purchase of a new fire engine these funds can be used for the
additional fire fighters (9). Mayor Buelterman confirmed. A discussion ensued regarding the
funding of additional showers which is included in the proposed budget. Ms. Livingston asked
Dr. Gillen for clarification of the Finance Department salary increases. Dr. Gillen stated he will
address her concerns prior to the upcoming budget workshop. Mr. Parks commended Staff for
their managing the budget as it is very much appreciated. Mayor Buelterman stated there will
be a second reading to adopt the proposed budget on June 27, 2019. No action taken
Special Review-212 Butler Ave.-Desoto Beach Hotel Crossover. George Shaw
approached Mayor and Council to outline the agenda item. Mr. Shaw stated this is a request
by the Desoto Beach Hotel to build a crossover over the proposed dune. Construction will not
begin until after the completion of the Dune Project which will be spring of 2020. All
construction with be in accordance with DNR regulations and will be ADA compliant. Planning
Commission voting unanimously to approve and Staff recommends approval as well. Mayor
Buelterman stated Mr. Steffler has been proactive with this request and he would like to
encourage other residents to be as well. He asked Mr. Shaw the fees associated with this
request. Mr. Shaw responded for the application it was $500.00 and there will be additional
fees when plans are submitted as well as with the permit. Mr. Shaw stated there was
discussion at the Planning Commission meeting to eliminate the Special Review for the next
two years, $500 fee. If this fee is eliminated the process is streamlined by a month and half.
Mayor Buelterman asked Mr. Shaw to describe the proposed crossover and asked if it would be
ADA compliant. Mr. Shaw responded it is their desire to build to be ADA complaint. Mayor
Buelterman stated he would support not having Mr. Steffler pay the $500 fee and not making
others go through the same process for the next two years. Mr. Hughes stated the City would
have to document at least in resolution format, if not an amendment, to the ordinance that
requires Special Review. Mayor Buelterman recommended a Resolution be brought back to
Mayor and Council for Mr. Steffler’s consideration of the $500 fee. Mayor Buelterman asked
how long the permit is good for. Mr. Shaw stated one year. Greg Steffler approached Mayor
and Council. Mr. Steffler stated he is trying to be proactive as it is critical for his guests to
have beach front access not only for marketing but also with the amenity of providing beach
chairs and umbrellas. It is his intent to have this project completed as quickly as possible. It
is his goal is to have the crossover completed before the onset of turtle season and comply
with all rules and regulation. Wanda Doyle made a motion to approve. Barry Brown
seconded. Vote was unanimous to approve, 6-0. Mayor Buelterman then asked Mr. Hughes
the best practice to address the $500 fee. Mr. Hughes stated he will prepare a resolution and
is only for approved crossovers required by the USACOE dune project. Mayor Buelterman
confirmed.
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Consideration of Ordinances
Second Reading, 2019-11, Beach Rules, South-end. Mayor Buelterman showed
pictures of recommended signage for the beach for educational purposes. Ms. Doyle stated
education is good and the purpose of the signage is to have as many tools possible for the
remainder of the season to ensure public safety as it relates to the beach. Ms. Doyle
recommends approval. Mr. Branigin also recommends approval. Ms. Sessions agreed with Mr.
Branigin and recommended the proposed signage should include another languages for better
understanding for those visitors who do not speak English. She then expressed her concerns
with enforcement and fines. Ms. Sessions then asked Dr. Gillen the schedule of the lifeguards.
Dr. Gillen responded the lifeguards are trying to stay on the beach as late as possible. Mayor
Buelterman stated the City needs to find an industrial safety sign company that will assist in
educating the public as to the dangers of the tides and sandbar. Ms. Livingston is in agreement
with Council regarding signage. She made reference to the discussions of the Public Safety
Committee regarding additional public safety with the south-end. Mayor pro tem Brown stated
he is not in agreement of the proposed ordinance. Mayor Buelterman asked what are the
specific restrictions associated with the proposed ordinance. Mr. Branigin responded: “walk,
swim, or wade to the sandbar”. Dr. Gillen confirmed you would not get ticketed or fined if you
used a boat or kayak to reach the sandbar. Julie Livingston made a motion to approve.
John Branigin seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin,
and Wanda Doyle. Voting against were Barry Brown and Shirley Sessions. Motion to approve,
4-2. Mayor Buelterman recommend Staff find a company that can make signage pertaining
the dangers of the south-end and the ship wake that occurs on the north-end. Dr. Gillen
confirmed.
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman stated he postpone speaking to the Marsh Hen Trail as he would like
more detail and graphics to present. This will be moved to the July agenda. Mayor
Buelterman asked the Clerk to invite Deb Barrio to the upcoming City Council meeting.
Barry Brown stated he would like to start an Ad hoc Committee for a new boat ramp at
Alley 3. This would be a replacement ramp as there was one there years ago. Mayor pro tem
Brown continued there needs to be a faster way to launch safety equipment for an occurrence
is at hand. Mayor Buelterman confirmed this would be a good idea.
Julie Livingston approached Mayor and Council to speak to the Penalties for non-renewal
of business licenses. Ms. Livingston stated it has come to her attention that there are
several businesses operating on the Island that have not obtained their 2019 Occupational Tax
Certificate. She stated, once this is realized, the City Marshal is sent out and they are given a
fine of $12.50 which is 10% of the Occupational Tax Certificate. Ms. Livingston recommended
increasing the penalty for those who do not renew or even shutting down. Mayor pro tem
Brown stated he is sure Staff reached out to those businesses who have not renewed their
Certificate. Dr. Gillen stated if it is the will of Mayor and Council for those business who have
not renewed their Occupational Tax Certificate be shut down, he will review the Ordinance and
work with Mr. Hughes to either change the Ordinance or enforce. Mayor Buelterman
recommended this be sent to Staff for their implementation. Ms. Livingston stated she is not
trying to shut any business down but trying to have compliance. Mayor Buelterman asked Dr.
Gillen to work with Staff and come back with changes if any that need to be made by the
second meeting August. Dr. Gillen confirmed. Mayor pro tem Brown asked how would this
relate to hotels or short term rentals? Ms. Doyle stated she does not feel the discussion refers
to short term rentals. Dr. Gillen confirmed Staff has authorization to issue citations to those
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who do not have current Occupational Tax Certificates. Mayor Buelterman thanked Ms.
Livingston for bringing this to Mayor and Council’s attention.
Julie Livingston stated the Beach Equipment Rental businesses was brought to the
attention of Mayor and Council as a result of Ms. Rutherford attending a past City Council
meeting. Ms. Livingston stated “for profit businesses” are using City property and the City is
not receiving revenue from these businesses. The City is not treating these beach businesses
as we do other businesses and the space is not put out to bid. It is her recommendation the
City take action and to find a way to receive revenue from these businesses. She continued,
these businesses are given parking spaces which is a revenue loss for the City also. Ms.
Livingston recommended the ordinance change; the space go out for bid; and parameters be
put in place for location of space. Ms. Sessions stated she was not on council in regards to the
negotiations of North Beach Grill and the Salty Pelican Concession Stand. She asked if there
was going to be consistency going forward. Ms. Livingston responded in the affirmative. Ms.
Sessions then asked Mr. Hughes is there a law that addresses how municipalities are supposed
treat areas that they own. Mr. Hughes responded in the affirmative. The one that addresses
the North Beach Grill would not be applicable to the operation of a concession but it dealt with
the Georgia Law that controls the disposition of municipal property. There was a brief
discussion regarding the City Ordinance in place that addresses the beach businesses. Mr.
Hughes made reference to the beach businesses that are currently on the beach. He stated
their licenses must be renewed by the deadline the space is no longer tied to that particular
holder. Ms. Sessions asked if this is open to bid, will it become too commercialized. Ms.
Livingston replied the RFP could stipulate what would be allowed on the beach. Ms. Doyle
recommended speaking with the current license holders and give the first right of refusal. She
is not in favor of moving forward with the bidding process for the beach business. Ms. Doyle
stated she feels the City has a responsibility to meet with the current license holders and talk
prior to moving forward. Mayor pro tem Brown stated there are many variables related to this
process such as measuring out space on the beach for these businesses. How to mark the
space to include the value per sq. ft. Ms. Livingston continued, this relates to free enterprise
and others should be allowed to bid on these areas. She would like to move forward with the
process. Mayor pro tem Brown stated first we need a list of all the beach businesses such as
those that rent kayaks from Alley 3, yoga classes and then surveys will need to be done. Mr.
Parks would like to see a spread sheet showing the areas that are involved; who is currently
holding the license; fees that were paid; other in-kind services; and how big the area is prior to
making a decision. Mr. Branigin stated whatever Mayor and Council do must protect those
who have made significant investments in their businesses. He concurs conversations need to
begin to work toward a solution. Mayor Buelterman recommended a public meeting be held to
work toward a solutions. Ms. Livingston concurred. Ms. Sessions stated the existing beach
businesses also serve as ambassadors as they assist beach goers with rules, directions as well
as pick up trash in the area. Ms. Livingston recommended a time line needs to be in place and
move forward with meeting with all concerned. Mayor Buelterman stated Mayor and Council
have decided on two steps: (1) information Mr. Parks has requested and (2) start discussions
with those in the industry who have the beach businesses. Ms. Livingston concurred.
Julie Livingston made a motion to adjourn to Executive Session to discuss Personnel.
Monty Parks seconded. Vote was unanimous 6-0.
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Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 10:35PM.
______________________________
Janet R. LeViner, CMC
Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
3. Minutes, First Reading, Millage, June 20, 2019
Page 11
City Council Minutes, June 20, 2019
Mayor pro tem Brown called the Public Hearing to order at 10:00AM, June 20, 2019. Those
present were Julie Livingston, Monty Parks, Wanda Doyle and Shirley Sessions. Also attending
were Dr. Shawn Gillen, City Manager; Angela Hudson, Finance Director; and Janet LeViner,
Clerk of Council.
Public Hearings
First Reading, Millage Rate, 2019. Mayor pro tem Brown asked Dr. Gillen to explain the
millage. Dr. Gillen stated the millage is the taxable rate of you home. He continued, the City
of Tybee is the lowest in the County. Dr. Gillen stated if the millage were to roll-back the City
would lose $136,000, approximately. Ms. Livingston asked Dr. Gillen how the City’s millage rate
compares to other municipalities. He responded the City’s is relatively low as opposed to
surrounding municipalities. Mr. Parks stated 40% of Tybee residents do not pay taxes on
Tybee but due to the Stephens Day and Homestead Exemption, a large percentage of our
population pays no taxes. Mayor and Council has consistently rolled-back the millage in the
past. Ms. Sessions confirmed the roll-back rate for the past several years. Mr. Parks stated he
personally does not want to increase taxes and for $136,000, he feels it could be found in other
sources of revenue such as the increase in the Hotel/Motel Tax or the increase in parking rates.
Ms. Doyle listed the rates from the last four years and stated for the past two years it remained
the same. Ms. Livingston made reference to the many large items that need to be completed in
the coming year as related to infrastructure. She recommends it remains at the rate 3.931 and
not roll the rate back. Mayor pro tem Brown concurred with Mr. Parks regarding the residents
that do not pay taxes on the Island. He continued that those that would be affected by the
proposed rate are the businesses. Ms. Hudson stated the Tax Digest went up this year. Mr.
Parks asked Ms. Hudson to explain the possible $4M shortfall in the proposed FY 2020 budget.
Ms. Hudson stated the City’s basic operating costs remained the same, added $1.2M for CIP,
and $1.4M for additional personnel. Ms. Hudson explained the CIP amount and recommended
cuts could be made within each department. Ms. Livingston and Ms. Hudson discussed lowing
the credit card fees as it relates to City services. Ms. Hudson responded she and Dr. Gillen as
working toward that goal. Ms. Doyle expressed her concerns with the $4.M needed to balance
the proposed budget and is not at a point to approve the proposed budget. Ms. Session
concurred with Ms. Doyle. Mr. Parks asked Ms. Hudson for a summary of the proposed cuts in
the budget as discussed. Mr. Parks stated he cannot vote in favor of the proposed budget as it
stand. He feels with the proposed cuts as was outlined by Ms. Hudson he is more comfortable.
Ms. Hudson stated River’s End Campground is doing well and the $600,000 windfall can be
moved to the General Fund. Ms. Doyle agreed with Ms. Hudson but is concerned with possible
water/sewer issues at the Campground. She asked Dr. Gillen to check on those concerns and
report back. Dr. Gillen confirmed. Ms. Livingston summarized: the SPLOT money could be
reduced as the City is not sure it will be confirmed. Once it is received Mayor and Council can
revisit departmental needs. Mayor pro tem Brown concurred. Mr. Parks asked Ms. Hudson to
list the items that are SPLOST eligible so they could be removed from the proposed budget
which would give some relief to the $3.5M. Ms. Hudson confirmed. Dr. Gillen stated he will
meet with Ms. Hudson and work on balancing the proposed budget. Ms. Doyle asked for the
information as quickly as possible so she can review the proposed budget. She recommended
another budget workshop. Mayor pro tem Brown asked the Clerk to set a final budget
workshop. Ms. LeViner confirmed and will set the workshop for June 24, 2019 at 3:00PM.
Page 12
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 4-
0.
Meeting adjourned at 10:35AM.
______________________________
Janet R. LeViner, CMC
Clerk
Page 13
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
4. Minutes, Second Reading, Millage, June 20, 2019
Page 14
City Council Minutes, June 20, 2019
Mayor pro tem Brown called the Public Hearing to order at 7:00PM, June 20, 2019. Those
present were Monty Parks, John Branigin, Wanda Doyle and Shirley Sessions. Also attending
were Dr. Shawn Gillen, City Manager; Angela Hudson, Finance Director, and Janet LeViner,
Clerk of Council
Public Hearings
Second Reading, Millage Rate, 2019. Mayor pro tem Brown asked Dr. Gillen if he met
with Ms. Hudson, Finance Director. Dr. Gillen confirmed. He stated that adjustments have
been made and there are still areas they need to look at. Mayor pro tem Brown confirmed a
budget workshop has been scheduled for the following week where final adjustments will be
made to the proposed budget. Molly Hannis approached Mayor and Council. Ms. Hannis
asked for access to the information from Dr. Gillen as pertains to the budget. Dr. Gillen
confirmed. Ms. LeViner stated that will be available on-line, in the Clerks Officer and the Tybee
Library.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 4-
0.
Meeting adjourned at 7:10PM.
______________________________
Janet R. LeViner, CMC
Clerk
Page 15
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
5. Minutes, City Council Meeting June 27, 2019
Page 16
City Council Minutes, June 27, 2019
Consideration of Items for Consent Agenda
Mayor pro tem Brown called the consent agenda to order at 6:30PM on June 27, 2019. Those
present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Shirley Sessions.
Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George
Shaw, Director, Community Development; Angela Hudson, Finance Director and Janet LeViner,
Clerk of Council. Jason Buelterman was excused as he is on vacation.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation, real
estate and personnel. Wanda Doyle seconded. Vote was unanimous to approve, 6-0.
Wanda Doyle made a motion to return to regular sessions. Monty Parks seconded. Vote
was unanimous to approve, 6-0.
Mayor pro tem Brown listed the following items on the consent agenda:
The purpose of this agenda item is seek the City Council’s approval to amend the
Hotel/Motel Excise Tax Special Revenue Fund fiscal year 2018-2019 budget and increase
the budget by $1,000,000 from $3,169,000 to $4,169,000
The purpose of this agenda item is seek the City Council’s approval to amendment the
Emergency 911 Telephone Special Revenue Fund fiscal year 2018-2019 budget and
increase the budget by $99,276 from $353,268 to $452,544.
The purpose of this agenda item is to have the City Council’s adopt fiscal year 2019
budget for the Marine Science Revenue Bond 2019 Series Debt Service Fund 420 for
$245,149
Mayor pro tem Brown called the regular meeting to order at 7:00PM. All those present for
the consent agenda were present.
Opening Ceremonies
Call to Order
Invocation: Jan LeViner, Clerk
Presentation of Colors and Pledge of Allegiance
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Public Hearings
Second Reading Budget and Adoption. Wanda Doyle asked Dr. Gillen to explain the new
position for Storm Water Safety Inspector. Dr. Gillen stated there may be an RFP for the
position. Ms. Sessions asked Dr. Gillen if all nine positions, TIFD, cannot be filled immediately,
can some of that money be used for training. Dr. Gillen stated there could be an internal
budget adjustment from one line item to another. Ms. Sessions asked for clarification with the
two recycling labor positions as she thought there was only one position. Dr. Gillen responded
one has been hired as there were funds from the Beach Ambassador budget from the current
fiscal year, able to do that to get the process rolling. In the budget for the new fiscal year, it i s
two. Ms. Doyle asked, as pertains to Community Development, since the Facilities Coordinator
and Special Event position is one person, has that person as part of the proposed budget been
compensated to take on both of the positions? Mr. Shaw responded there has been no change
to her salary. He continued, when the Main Street Director is hired, some of the burden will
come off. Ms. Doyle recommended someone look at that as in the past there was another
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employee that took on double duty and did not receive compensation. As her responsibilities
have almost doubled, she would ask Dr. Gillen to take a look at that situation. Dr. Gillen
concurred. Mayor pro tem Brown concurred as if she is doing double duty, she should be
compensated. Wanda Doyle made a motion to approve the FY 2020 budget. Monty Parks
seconded. Voting in favor were Julie Livingston, Monty Parks, John Branigin and Shirley
Sessions. Voting against was Barry Brown. Motion to approve, 5-1.
Third Reading of the Millage and Adoption. John Branigin approached Mayor and
Council. He stated he voted in favor of rolling back the millage rate last year and cannot do it
this year. He believes the value of the Tax Digest has grown by new properties and the sale of
properties that are no longer covered by the Stephens Day Amendment and that has increased
the sale. This is not a tax increase. He continued, he feels the residents would benefit more
from the City using the difference, ($132,000) to purchase lifesaving equipment, showers or
something that is tangible for the City. Ms. Sessions asked the last time the City did not roll
back the millage. Ms. Doyle stated it was rolled back in 2018 from 4.044 to 3.931 but years
prior to that it stayed the same. Ms. Sessions asked Dr. Gillen for his thoughts on the millage
as he is the City Manager and is managing the budget. Dr. Gillen stated the rollback is
$130,000 this year and as the tax base grows the impact is greater as the value of the property
grows. The impact on the residents is very low and shift of the cost/burden to those who are
visiting or through the businesses as the cost is passed to the business owner. Dr. Gillen
continued as the City does not know SPLOST distribution for next year and we do not know
what Capital Improvement Projects can be done over the next couple of years. Monty Parks
stated each year the City is faced with challenges. Storms have twice hit the Island and his
stand remains consistent that if the City needs to find $132,000 he has an excellent team of
Staff that will be able to that. He is in favor of rolling back the millage and he would challenge
Mayor and Council to find the money and not do it on the backs of the homeowners that are
building the Island. Ms. Doyle stated Mayor and Council are helping the citizens through
services provided. She is in agreement with Mr. Branigin and not roll back the millage rate.
Ms. Livingston stated she also agrees with Mr. Branigin and not roll back the rate at this point.
Mayor pro tem Brown agreed with Mr. Branigin and feels the rate should be left as it is. Ms.
Sessions stated as a resident, she is aware of what is being added to the budget such as fire
fighters and services that are year round and not seasonal. This is a reasonable and not
excessive decision. John Branigin made a motion to accept the millage as presented, Mileage
Rate at 3.931. Julie Livingston seconded. Voting in favor were Julie Livingston, John
Branigin, Barry Brown, Wanda Doyle and Shirley Sessions. Voting against was Monty Parks.
Motion to approve 5-1.
Consideration of Ordinances
Second Reading, 12-2019, Annual Operating and Capital Improvement Projects.
Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to
approve, 5-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 7:35PM.
______________________________
Janet R. LeViner, CMC
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Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
8. Nicholas Smilek: Beach Rules enforcement and protocol for violators
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
10. Approval of Equality Fest Parade 8-24-19
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Special Events Application
Tybee Island Equality Fest Parade
Saturday, August 24th
Parade Procession at 1pm
From Memorial Park to Strand (same route as Pirates Fest, Irish Heritage, etc.)
Items addressed at Meeting with Department Heads prior to submission for
Council consideration:
o The Event Organizer explained the passion behind this event is equality for all
(not just LGBT) and that equality fest provides the promotion of a safe space
where all people are equal and able to be themselves, Tybee is the perfect
community for the event as the island is welcoming to all and hosts other diverse
events with diverse crowds
o This Event Organizer also provided some background information on the event:
Year 3 of this event, looking to add parade
Parade would be only City required services; all other events
occurring with the festival are at local restaurants (Hucapoos,
Fannies, etc.)
Provides local boost to economy, especially hotels
Growing rapidly, sponsors from all over including national/international
attention
Musical guest for this year include a preforming artist from
Germany known for her Jewish heritage
All money/proceeds to LGBT center
- How many floats will be in the parade? (Community Development Director)
o About 25 floats so far (Event Organizer)
There was also discussion of the non-profit funding process the event organizer was currently
going through with the City’s budget process, as in year’s past they were not able to include the
parade due to costs for City services
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
11. Taco Aloha, LLC dba Chamacos Tacos & Surf:
Alcohol and Entertainment License Request- Liquor/Beer/Wine/Sunday Sales
1311 Butler Ave
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Wanda Doyle
Julie Livingston
Monty Parks
Shirley Sessions
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Council Meeting Date for Request: July 11, 2019
Item: Taco Aloha. LLC dba Chamacos Tacos & Surf
Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales;
Explanation: _ Taco Aloha, LLC dba Chamacos Tacos & Surf
____________ 1311 Butler Ave _____ ____________________________ _____
Budget Line Item Number (if applicable):
Paper Work: X Attached*
_____ Audio/Video Presentation**
* Electronic submissions are requested but not required. Please email to
jleviner@cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall
by 4:00PM on the Thursday prior to the scheduled meeting.
Submitted by: Sharon S. Shaver
Phone / Email: 472-5072 / sshaver@cityoftybee.org
Comments: ________________________________________________________________________________
__________________________________________________________________________________________
Date given to Clerk of Council July 2, 2019
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
12. Contract, Replacement of DPW Roof, Delta Metals, $29,000.
Page 35
DPW Replacement Roof 2019-733
DPW Replacement Roof 1 2
Criteria Possible
Points
Points
Awarded
Points
Awarded
Quality of Roofing and Installation Materials 30 30 30
Total Cost 25 20 20
References 25 25 25
Prior Experience with similar projects 20 20 15
TOTAL 95 90
Metalcrafts
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3 TOTAL 1 2 3 TOTAL
Points
Awarded
Points
Awarded
Points
Awarded
Points
Awarded
25 30 20 25
20 25 25 25
25 22 22 25
20 20 20 20
90 275 97 87 95 279
Metalcrafts Delta Metals
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REQUEST FOR PROPOSAL
RFP NO. 2019-733
METAL ROOF REPLACEMENT
RFP DUE: FRIDAY, MAY 31, 2019 BY 11:00am
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM SHIRLEY SESSIONS
WANDA DOYLE JULIE LIVINGSTON
JOHN BRANIGIN MONTY PARKS
DOCUMENT CHECK LIST
The following documents are contained in and made a part of this RFP Package or are required
to be submitted with the RFP. It is the responsibility of the Proposer to read, complete and sign,
where indicated, and return these documents with his/her RFP. FAILURE TO DO SO MAY
BE CAUSE FOR DISQUALIFYING THE PROPOSER
GENERAL INFORMATION AND INSTRUCTIONS TO RFP WITH ATTACHMENTS
RFP SPECIFICATIONS
SPECIAL CONDITIONS
SURETY REQUIREMENTS
ATTACHMENTS: A. SIGNATURE SHEET; B. CONTRACTOR AFFIDAVIT; C.
SUBCONTRACTOR AFFIDAVIT; D. SAVE AFFIDAVIT; E. VENDOR INFORMATION; F.
PROPOSAL SHEET; G. CHECKLIST
Date: 8-28-18
GENERAL INFORMATION FOR RFP
This is a request for proposals to supply the City of Tybee Island, Georgia (sometimes
hereinafter referred to as “Owner”) with services as indicated herein.
Sealed proposals must be received by 11:00am local time, on Friday, May 31, 2019. The
City of Tybee Island reserves the right to reject any or all RFPs.
SERVICES TO BE PROVIDED
The City of Tybee Island is soliciting bids for a replacement roof for a 50’x76’ building.
SPECIFICATIONS AND REQUIREMENTS Page 50
3900 square foot roof
24 gauge panels
Twelve skylights – 12ft each
6” insulation under roof panels
New trim
(Gutters are already in place)
The City is seeking a proposal package for service/materials equal to or exceeding specifications
set forth on the attached pages. Those not meeting these standards will be rejected. The attached
material specifications become and remain a part of this RFP.
All responses, inquiries, or correspondence relating to, or in reference to, this RFP, and all
reports, charts, displays, schedules, exhibits and other documentation by the offerors shall
become the property of the City when received. The City retains the right to use any or all ideas
presented in any response to this RFP, whether amended or not. Selection or rejection of the
proposaldoes not affect this right.
Courier or hand deliver response package to:
RFPNUMBER 2019-733 REPLACEMENT ROOF
MELISSA FREEMAN
TYBEE ISLAND CITY HALL
403 BUTLER AVE
TYBEE ISLAND, GA. 31328
Inquiries or other need for clarification in this document should be submitted no later than
May 28, 2019.
All questions in writing to: Melissa Freeman
mfreeman@cityoftybee.org
METHOD OF AWARD: The contract, if awarded, will go to the proposal deemed best for the
city as determined by Mayor and City Council. The award will take into account price among
other factors as specified in this RFP. The City reserves the right to award a contract to one or
multiple vendors.
Signature of offeror indicates understanding and compliance with attached terms and conditions
and all other specifications made a part of this RFP and any subsequent award or contract. All
terms, conditions and representations made in this request will become an integral part of the
contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to
reimburse the offeror, in whole or in part, for any costs associated with preparation, submission,
or presentation of proposals.
Instructions for preparation and submission of a RFP are contained in this RFP package. Please
note that specific forms for submission of a RFP are required. RFPs must be typed or printed in
ink.
Any changes to the conditions and specifications must be in the form of a written addendum to
be valid; therefore, the Purchasing Agent will issue a written addendum to document each Page 51
approved change. Generally, when addenda are required, the RFP opening date will be changed.
City of Tybee Island has an equal opportunity purchasing policy to assure all procurement
procedures are conducted in a manner that provides maximum open and free competition. City of
Tybee Island seeks to ensure that all segments of the business community have acc ess to
supplying the goods and services needed by the City of Tybee Island. The City of Tybee Island
provides equal opportunity for all businesses and does not discriminate against any persons or
businesses regardless of race, color, religion, age, sex, national origin or handicap.
1. INSTRUCTIONS TO PROPOSERS
Purpose: The purpose of this document is to provide general and specific information for use in
submitting a RFP to supply the City of Tybee Island with equipment, supplies, and/or services as
described herein. All RFPs are governed by the Code of the City of Tybee Island, Georgia, 15-
2015 Sec 1, Art VII, Procurement, Sec 2-400, and the laws of the State of Georgia.
1.1 How to Prepare RFPs: All RFPs shall be:
a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
b. Typewritten or completed with pen and ink, signed by the business owner or
authorized representative, with all erasures or corrections initialed and dated by the
official signing the RFP. ALL SIGNATURE SPACES MUST BE SIGNED.
Proposers are encouraged to review carefully all provisions and attachments of this
document prior to submission. Each RFP constitutes an offer and may not be withdrawn
except as provided herein.
1.2 How to Submit RFPs:
One original, and one electronic copy (usb flash drive) must be submitted in a sealed
opaque envelope, plainly marked with the RFP number and title, date and time of RFP
opening, and company name to the office of the above address prior to the time specified.
Include this entire RFP, and all required attachments, which can be found at the end of
this document. No vendor will be allowed to submit more than one (1) proposal.
Include all requested documents, in addition to a W-9, certificate of
insurance, and current business license.
Include at least three (3) references documenting your experience. Include name
of project, construction cost, location, and current reference contact information
including name, phone number, and email address. In addition to the information
above, a written and/or photographic description of how these projects relate to
this RFP.
All Proposals should be hand delivered or sent by courier in sufficient time to
ensure receipt by the Purchasing Agent on or before the time and date specified
above.
PROPOSALS NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL
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NOT BE OPENED OR CONSIDERED.
1.3 How to Submit an Objection: Objections from Proposers to this RFP and/or these
specifications shall be brought to the attention of the City of Tybee Island Purchasing
Agent in the following manner:
a. Proposers shall either present their oral objections at that time or submit their
written objections at least two (2) days prior to the scheduled pre-RFP conference.
b. The objections contemplated may pertain to form and/or substance of the RFP
documents. Failure to object in accordance with the above procedure will constitute
a waiver on the part of the business to protest this RFP.
1.4 Errors in RFPs: Proposers or their authorized representatives are expected to fully
inform themselves as to the conditions, requirements, and specifications before
submitting proposal(s). Failure to do so will be at the Proposer's own risk. In case of
error in extension of prices in the RFP or proposal, the unit price will govern.
1.5 Standards for Acceptance of RFP for Contract Award: City of Tybee Island reserves
the right to reject any or all proposals and to waive any irregularities or technicalities in
proposals received whenever such rejection or waiver is in the best interest of City of
Tybee Island. City of Tybee Island reserves the right to reject the Proposal of a Proposer
who has previously failed to perform properly or complete on time contracts of a similar
nature, or a proposal from a proposer whom investigation shows is not in a position to
perform the contract.
1.6 Proposer: Whenever the term "proposer" is used it shall encompass the "person,"
"business," "supplier," "vendor," or other party submitting a proposal to City of Tybee
Island in such capacity before a contract has been entered into between such party and
City of Tybee Island.
1.7 Responsible / Responsive proposer: Responsible proposer means a person or entity
that has the capability in all respects to perform fully and reliably the contract
requirements. Responsive proposer means a person or entity that has submitted a
proposal that conforms in all material respects to the requirements set forth in the RFP.
1.8 Compliance with Laws: The proposer and/or contractor shall obtain and maintain all
licenses, permits, liability insurance, workman's compensation insurance and comply
with any and all other standards or regulations required by federal, state, county or city
statute, ordinances and rules during the performance of any contract between the
contractor and City of Tybee Island. Any such requirement specifically set forth in any
contract document between the contractor and City of Tybee Island shall be
supplementary to this section and not in substitution thereof.
1.9 Contractor: Contractor or subcontractor means any person or business having a contract
with City of Tybee Island. The Contractor/Vendor of goods, material, equipment or
services certifies that they will follow equal employment opportunity practices in
connection with the awarded contract as more fully specified in the contract documents.
1.10 State Licensing Board for General Contractors: If applicable, pursuant to Georgia
law, any proposer must be a Georgia licensed General Contractor (Contractor work or
activity that is unlimited in scope regarding any residential or commercial projects).
Page 53
1.11 Security & Immigration Compliance: On 1 July 2007, the Georgia Security and
Immigration Compliance Act (SB 529, Section 2) became effective. All contractors and
subcontractors with 100 or more employees entering into a contract or performing work
must sign an affidavit that he/she has used the E-Verify System. E-Verify is a no-cost
federal employment verification system to insure employment eligibility. No proposals
will be considered unless a signed E-Verify Affidavit is enclosed with the submittal
package.
Affidavits are enclosed in this solicitation. You may download M-274 Handbook for
Employers at http://www.dol.state.ga.us/spotlight/employment/rules. You may go to
http://www.uscis.gov to find the E-Verify information.
Systematic Alien Verification for Entitlements (SAVE) Program: O.C.G.A. 50-36-1
required Georgia cities to comply with the federal Systematic Alien Verification for
Entitlements (SAVE) Program. SAVE is a federal program used to verify that
applicants for certain “public benefits” are legally present in the United States. Contracts
with the City are considered “public benefits.” Responders are required to provide the
Affidavit Verifying Status for City of Tybee Benefit Application prior to receiving any
City contract. The affidavit is included as part of this RFP package.
Protection of Resident Workers. City of Tybee Island actively supports the
Immigration and Nationality Act (INA), which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Under the
INA, employers may hire only persons who may legally work in the United States (i.e.,
citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The
employer must verify the identity and employment eligibility of anyone to be hired,
which includes completing the Employment Eligibility Verification Form (I-9). The
Contractor shall establish appropriate procedures and controls so no services or products
under the Contract Documents will be performed or manufactured by any worker who is
not legally eligible to perform such services or employment.
2 GENERAL CONDITIONS
2.1 Specifications: Any obvious error or omission in specifications shall not inure to the
benefit of the proposer but shall put the proposer on notice to inquire of or identify the
same from the City of Tybee Island. Whenever herein mentioned is made of any article,
material or workmanship to be in accordance with laws, ordinances, building codes,
underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of
these laws, ordinances, etc., shall be construed to be the minimum requirements of these
specifications.
2.2 Multiple Proposals: No vendor will be allowed to submit more than one (1) proposal.
2.3 Permitting and Approvals: The contractor that is awarded the contract will be
responsible for securing all necessary federal, state and local approvals required for the
project.
2.4 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted
in his proposal will be firm for acceptance for a period of sixty (60) days from RFP
opening date, unless otherwise stated in the RFP.
2.5 Completeness: All information required by the RFP must be completed and submitted Page 54
to constitute a proper proposal.
2.6 Quality: All materials, or supplies used for the construction necessary to comply with
this proposal shall be of the best quality, and of the highest standard of workmanship.
Workmanship employed in any construction, repair, or installation required by this
proposal shall be of the highest quality and meet recognized standards within the
respective trades, crafts and of the skills employed.
2.7 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the
Proposer shall unconditionally guarantee the materials and workmanship for one (1) year
on all material and/or services. If, within the guarantee period, any defects occur which
are due to faulty material and or services, the contractor at his expense, shall repair or
adjust the condition, or replace the material and/or services to the complete satisfaction
of the City of Tybee Island. These repairs, replacements or adjustments shall be made
only at such time as will be designated by the City of Tybee Island as being least
detrimental to the operation of the City.
2.8 Liability Provisions: Where proposers are required to enter or go onto City of Tybee
Island property to take measurements or gather other information in order to prepare the
RFP as requested by the City, the proposer shall be liable for any injury, damage or loss
occasioned by negligence of the proposer, his agent, or any person the proposer has
designated to prepare the proposal and shall indemnify and hold harmless City of Tybee
Island from any liability arising there from. The contract document specifies the liability
provisions required of the successful proposer in order to be awarded a contract with
City of Tybee Island.
2.9 Cancellation of Contract: The contract may be canceled or suspended by City of Tybee
Island in whole or in part by written notice of default to the Contractor upon non-
performance or violation of contract terms. An award may be made to the next higher
ranked Proposer, for articles and/or services specified or they may be purchased on the
open market. The defaulting Contractor (or his surety) shall be liable to City of Tybee
Island for costs to the City of Tybee Island in excess of the defaulted contract prices. See
the contract documents for complete requirements.
2.10 Certification of Independent Price Determination: By submission of this proposal,
the Proposer certifies, and in the case of a joint proposal each party thereto certifies as to
its own organization, that in connection with this procurement:
a. The prices in this proposal have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition, as to any
matter relating to such prices with any other proposer or with any competitor;
b. Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not knowingly
be disclosed by the proposer prior to opening, directly or indirectly to any other
proposer or to any competitor; and
c. No attempt has been made or will be made by the proposer to induce any other
person or firm to submit or not to submit a proposal for the purpose of restricting
competition.
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2.11 Award of Contract: The contract, if awarded, will be awarded to the proposal with the
highest score whose base proposal meets the requirements and criteria set forth in the
RFP. The City of Tybee Mayor and Council must approve the award. The award will
take into account price among other factors as specified in this RFP.
2.12 Procurement Protests: Objections and protests to any portion of the procurement
process or actions of the City of Tybee Island staff may be filed with the Purchasing
Agent for review and resolution. The Code of the City of Tybee Island will control the
protest.
2.13 Qualification of Business (Responsible Proposer): A responsible Proposer is defined
as one who meets, or by the date of the proposal acceptance can meet, certifications, all
requirements for licensing, insurance, and registrations, or other documentation required
by the Scope of Work, specifications and plans. These documents will be listed in the
Special Conditions further on in this solicitation. City of Tybee Island has the right to
require any or all proposers to submit documentation of the ability to perform, provide,
or carry out the service or provide the product requested.
City of Tybee Island has the right to disqualify the proposal of any proposer as being
unresponsive or un-responsible whenever such Proposer cannot document the ability to
deliver the requested product or service.
2.14 Insurance Provisions, General: The selected proposer to whom the contract is awarded
shall be required to procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property that may arise from, or in
connection with, the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in the proposal.
a. General Information that shall appear on a Certificate of Insurance:
i. Name of the Producer (proposer’s insurance Broker/Agent).
ii. Companies affording coverage (there may be several).
iii. Name and Address of the Insured (this should be the Company or Parent of the
firm the City is contracting with).
iv. A Summary of all current insurance for the insured (includes effective dates of
coverage).
v. A brief description of the operations to be performed, the specific job to be
performed, and contract number.
vi. Certificate Holder (This is to always include the City of Tybee Island).
City of Tybee Island as an Additional Insured: The City of Tybee Island should
also be named as an Additional Insured.
b. Minimum Limits of Insurance to be maintained for the duration of the contract:
i. Commercial General Liability: Provides protection against bodily injury and
property damage claims arising from operations of a Contractor. This policy
coverage includes premises and operations, use of independent contractors,
products/completed operations, personal injury, contractual, broad form
property damage, and underground, explosion and collapse hazards. Minimum
limits: $2,000,000 bodily injury and property damage per occurrence and
annual aggregate. Page 56
ii. Worker's Compensation and Employer’s Liability: Provides statutory
protection against bodily injury, sickness or disease sustained by employees of
the Contractor while performing within the scope of their duties. Employer’s
Liability coverage is usually included in Worker’s Compensation policies, and
insures common law claims of injured employees made in lieu of or in addition
to a Worker’s Compensation claim. Minimum limits: $500,000 for each
accident, disease policy limit, and disease each employee and Statutory
Worker’s Compensation limit.
iii. Business Automobile Liability: Coverage insures against liability claims
arising out of the Contractor’s use of automobiles. Minimum limit: $2,000,000
combined single limit per accident for bodily injury and property damage.
Coverage should be written on an Any Auto basis.
c. Special Requirements:
i. Extended Reporting Periods: The Contractor shall provide the City of Tybee
Island with a notice of the election to initiate any Supplemental Extended
Reporting Period and the reason(s) for invoking this option.
ii. Reporting Provisions: Any failure to comply with reporting provisions of the
policies shall not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request shall be
endorsed to state that it shall not be suspended, voided, or canceled, except
after thirty (30) days prior to written notice by certified mail, return receipt
requested, has been given to the City of Tybee Island.
iv. Proof of Insurance: City of Tybee Island shall be furnished with certificates
of insurance and with original endorsements affecting coverage required by
this request. The certificates and endorsements are to be signed by a person
authorized by the insurer to bind coverage on its behalf. All certificates of
insurance are to be submitted prior to, and approved by, the City of Tybee
Island before services are rendered. The Contractor must ensure Certificate of
Insurance is updated for the entire term of the City of Tybee Island contract.
v. Insurer Acceptability: Insurance is to be placed with an insurer having an
A.M. Best’s rating of A and a five (5) year average financial rating of not less
than V. If an insurer does not qualify for averaging on a five-year basis, the
current total Best’s rating will be used to evaluate insurer acceptability.
vi. Lapse in Coverage: A lapse in coverage shall constitute grounds for contract
termination by the City of Tybee Island Mayor and Council.
vii. Deductibles and Self-Insured Retention: Any deductibles or self-insured
retention must be declared to, and approved by, the City of Tybee Island. At
the option of the City of Tybee Island, either: the insurer shall reduce or
eliminate such deductibles or self-insured retention as related to the City of
Tybee Island, its officials, officers, employees, and volunteers; or the
Contractor shall procure a bond guaranteeing payment of related suits, losses,
claims, and related investigation, claim administration and defense expenses. Page 57
2.15 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers, Specifications, Special
Conditions, Vendor's RFP, Addendum, and/or any other pertinent documents form a part
of the Proposer’s proposal and by reference are made a part hereof.
2.16 Signed RFP Considered Offer: The signed Proposal shall be considered an offer on the
part of the Proposer, which offer shall be deemed accepted upon approval by the City of
Tybee Island Mayor and Council, Purchasing Agent or designee, as may be applicable.
In case of a default on the part of the Proposer after such acceptance, City of Tybee
Island may take such action as it deems appropriate, including legal action for damages
or lack of required performance.
2.17 Notice to Proceed: The successful proposer shall not commence work under this RFP
until a written contract is awarded and a Notice to Proceed is issued by the Purchasing
Agent or his designee, or as specified in the Special Conditions. If the successful
Proposer does commence any work or deliver items prior to receiving official
notification, he does so at his own risk.
2.18 Payment to Contractors: Instructions for invoicing the City of Tybee Island for
products delivered to the City of Tybee Island are specified in the contract document.
a. Questions regarding payment may be directed to the Accounting Department at 912-
472-5024 or City of Tybee Island’s Project Manager as specified in the contract
documents.
b. Contractors will be paid the agreed upon compensation upon satisfactory delivery of
the products or completion of the work as more fully described in the contract
document.
c. Upon completion of the work or delivery of the products, the Contractor will
provide the City of Tybee Island with an affidavit certifying all suppliers, persons or
businesses employed by the Contractor for the work performed for the City of
Tybee Island have been paid in full.
d. City of Tybee Island is a tax-exempt entity. Every contractor, vendor, business or
person under contract with City of Tybee Island is required by Georgia law to pay
State sales or use taxes for products purchased in Georgia or transported into
Georgia and sold to City of Tybee Island by contract. Please consult the State of
Georgia, Department of Revenue, Sales and Use Tax Unit in Atlanta (404) 656 -
4065 for additional information.
2.19 Owner’s Rights Concerning Award: The Owner reserves the right, and sole and
complete discretion to waive technicalities and informalities. The Owner further reserves
the right, and sole and complete discretion to reject all RFPs and any RFP that is not
responsive or that is over the budget, as amended, or that fails to suit the needs of the
City as determined by the Owner in its sole discretion. In judging whether the Proposer
is responsible, the Owner will consider, but is not limited to consideration of, the
following:
a. Whether the Proposer or principals are currently ineligible, debarred, suspended, or
otherwise excluded from contracting by any state or federal agency, department, or Page 58
authority;
b. Whether the Proposer or principals have been terminated for cause or are currently
in default on a public works contract;
c. Whether the Proposer can demonstrate a commitment to safety with regard to
Workers' Compensation by having an experience Modification Rate (EMR) over the
past three years not having exceeded an average of 1.2; and
d. Whether the Proposer’s past work provides evidence of an ability to successfully
complete public works projects within the established time, quality, or cost, or to
comply with the Proposer’s contract obligations.
2.20 Debarred or Suspended Subcontractors: Contractor shall not subcontract, and shall
ensure that no subcontracts are awarded at any tier, to any individual, firm, partnership,
joint venture, or any other entity regardless of the form of business organization, that is
on the Federal Excluded Parties List System (EPLS) at https://www.epls.gov or the State
of Georgia, DOAS, State Purchasing Exclusion listing, or other local government entity.
This includes pending litigation or claims with the City or other government entities.
Contractor shall immediately notify City of Tybee Island in the event any subcontractor
is added to a Federal, State or other Government Entity listing after award of the
subcontract.
2.21 Cone of Silence: Lobbying of Procurement Evaluation Committee members, City
employees, and elected officials regarding this product or service solicitation, Request
for Proposal (RFP) or contract by any member of a proposer’s staff, or those people
employed by any legal entity affiliated with an organization that is responding to the
solicitation is strictly prohibited. Negative campaigning through the mass media about
the current service delivery is strictly prohibited. Such actions may cause your proposal
to be rejected.
2.22 Georgia Open Records Act: The responses will become part of the City of Tybee
Island’s official files without any obligation on the City of Tybee Island’s part.
Ownership of all data, materials and documentation prepared for and submitted to City
of Tybee Island in response to a solicitation, regardless of type, shall belong exclusively
to City of Tybee Island and will be considered a record prepared and maintained or
received in the course of operations of a public office or agency and subject to public
inspection in accordance with the Georgia Open Records Act, Official Code of Georgia
Annotated, Section 50-18-70, et. Seq., unless otherwise provided by law.
It is the responsibility of the Proposer to notify the City of any documents turned over
which may contain trade secrets or other confidential matters. A Proposer submitting
records which the entity or person believes contains trade secrets that wishes to keep
such records confidential pursuant to O.C.G.A. § 50-19-72(34) shall submit and attach to
the records an affidavit affirmatively declaring that specific information in the records
constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Official
Code of Georgia.
Proposals will not be opened in public, and the information is exempt from disclosure,
including the Open Records Act, until the RFP has been awarded, or all proposals have
been rejected.
Page 59
City of Tybee Island shall not be held accountable if material from responses is obtained
without the written consent of the proposer by parties other than the City of Tybee
Island, at any time during the solicitation and evaluation process.
2.23 Georgia Trade Secret Act of 1990: In the event a Proposer submits trade secret
information to the City of Tybee Island, the information must be clearly labeled as a
Trade Secret. The City of Tybee Island will maintain the confidentiality of such trade
secrets to the extent provided by law.
2.24 Contractor Records: The Georgia Open Records Act is applicable to the records of all
contractors and subcontractors under contract with the City of Tybee Island. This applies
to those specific contracts currently in effect and those that have been completed or
closed for up three (3) years following completion.
3 ADDITIONAL CONDITIONS
3.1 Method of Compensation: The compensation provided for herein shall include all
claims by the CONTRACTOR for all costs incurred by the CONTRACTOR in the
conduct of the Project as authorized by the approved Project Compensation Schedule
and this amount shall be paid to the CONTRACTOR after receipt of the invoice and
approval of the amount by the CITY OF TYBEE ISLAND. The CITY OF TYBEE
ISLAND shall make payments to the CONTRACTOR within thirty (30) days from the
date of receipt of the CONTRACTOR's acceptable statement on forms prepared by the
CONTRACTOR and approved by the CITY OF TYBEE ISLAND.
Should the Project begin within any one month, the first invoice shall cover the partial
period from the beginning date of the Project through the last day of the month (or on a
mutually agreeable time) in which it began. The invoices shall be submitted each month
until the Project is completed. Invoices shall be itemized to reflect actual expenses for
each individual task; also refer to the requirements concerning changes, delays and
termination of work pursuant to provisions of the contract. Each invoice shall be
accompanied by a summary progress report which outlines the work accomplished
during the billing period and any problems that may be inhibiting the Project execution.
The terms of this contract are intended to supersede all provisions of the Georgia Prompt
Pay Act.
As long as the gross value of completed work is less than 50% of the total contract
amount, or if the contractor is not maintaining his construction schedule to the
satisfaction of the engineer, the City of Tybee Island shall retain 10% of the gross value
of the completed work as indicated by the current estimate approved by the engineer.
After the gross value of completed work becomes to or exceed 50% of the total c ontract
amount within a time period satisfactory to the City of Tybee Island, then the total
amount to be retained may be reduced to 5% of the gross value of the completed work as
indicated by the current estimate approved by the engineer, until all pay items are
substantially completed.
When all work is completed and time charges have ceased, pending final acceptance and
final payment the amount retained may be further reduced at the discretion of the City of
Tybee Island.
The CONTRACTOR may submit a final invoice to the City of Tybee Island for the Page 60
remaining retainage upon CITY OF TYBEE ISLAND’S acceptance of the Certificate of
Substantial Completion. Final payment constituting the entire unpaid balance due shall
be paid by the CITY OF TYBEE ISLAND to the CONTRACTOR when work has been
fully completed and the contract fully performed, except for the responsibilities of the
CONTRACTOR which survive final payment. The making of final payment shall
constitute a waiver of all claims by City of Tybee Island except those arising from
unsettled liens, faulty or defective work appearing after substantial completion, failure of
the work to comply with the requirements of the Contract Documents, or terms of any
warranties required by the Contractor Documents or those items previously made in
writing and identified by the CITY OF TYBEE ISLAND as unsettled at the time of final
application for payment. Acceptance of final payment shall constitute a waiver of all
claims by the CONTRACTOR, except those previously made in writing and identified
by the CONTRACTOR as unsettled at the time of final application for payment.
3.2 Warranty Requirements:
a. Provisions of item 2.7 apply.
b. Warranty required. See Contract Documents
3.3 Terms of Contract:
a. ONE TIME CONTRACT
3.4 Audits and Inspections: At any time during normal business hours and as often as the
City of Tybee Island may deem necessary, the Contractor and his subcontractors shall
make available to the City and/or representatives of the City of Tybee Island for
examination of all its records with respect to all matters covered by this Contract. It
shall also permit the City of Tybee Island and/or representatives of the Finance
Department to audit, inspect, examine and make copies, excerpts or transcripts from
such records of personnel, conditions of employment and other data relating to all
matters covered by this Contract. All documents to be audited shall be available for
inspection at all reasonable times in the main offices of the City of Tybee Island or at the
offices of the Contractor as requested by the City of Tybee Island.
4 SCORING MATRIX
SELECTION CRITERIA
The following weighted criteria will be utilized to select the award of this contract:
Quality of Roofing and Installation Materials – 30 points
Total Cost - 25 points
References - 25 points
Prior experience with similar projects - 20 points
City of Tybee Island
TERMS AND CONDITIONS
DEFINITIONS. As used herein, the following terms shall have the meanings set forth below,
whether or not capitalized.
(a) “Purchase Order” or “Order” means this purchase order.
(b) “Buyer” means The City of Tybee Island.
(c) “Seller” or “Vendor” means the party furnishing the supplies under this order. Page 61
(d) “Supplies” means what the Seller furnishes the Buyer under this order and includes with
limitation, the following; (1) the work; materials; articles; deliverable items, items, data
and services, whether tangible or intangible or any combination thereof; and (2) what is
leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the
lessor or licensor if attached to and made a part of this order.
(e) “Loss” means any or all the following: claims, liabilities, damages, losses, costs, or
expenses (including reasonable attorneys’ fees and expenses and other legal costs).
ACCEPTANCE. This order constitutes an offer that shall become a binding contract upon the
terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of
this order or commencement of performance. Buyer objects to any difference, conflicting or
additional terms proposed by Seller in the acceptance of this order, and no such terms shall be
effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from
Seller shall be deemed to be only upon the terms and conditions contained in this order, except
by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and
conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller
and notwithstanding Buyer’s act of accepting or paying for any shipment, or similar act by
Buyer.
PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order
are comparable to or better than those offered to any other customer of Seller for it ems which are
the same or substantially similar. Buyer shall receive the benefit prospectively or retrospectively
if Seller offers any item or service included in this order to any other customer at a lower price,
more favorable terms, more favorable warranties, or more favorable benefits up to one year after
completion of this order.
PACKING AND SHIPPING. All items shall be suitable packed and prepared for shipment to
insure their safe transportation, to secure the lowest transportation cost, and to comply with the
requirements of carriers. Buyer’s order number shall appear on all documents and
correspondence relating to these items. Packing lists shall accompany the items and shall
include the order number, Buyer’s part number, Seller model number, description of items
shipped and any other information called for in the order. Buyer’s count or weight shall be final
and conclusive on shipments not accompanied by a packing list. Seller shall be liable for all
excess transportation or other charges resulting from Seller’s failure to comply with Buyer’s
packing, shipping, routing and delivery instructions.
DELIVERY. Any delivery schedule made a part of this order is an important, material
condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall
not make material commitments or production arrangements in excess of the amount or in
advance of the time necessary to meet Buyer’s delivery schedule. It is Seller’s responsibility to
comply with this schedule, but not to anticipate Buyer’s requirements. In addition to any other
rights or remedies, Buyer may cancel all or any part of this order for Seller’s failure to deliver in
strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of
any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate
means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall
be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be
deemed complete until the items have been received and accepted by Buyer. Advance and
excess shipments may at Buyer’s option be rejected and returned to Seller at Seller’s expense.
TRANSPORTATION. Except as otherwise provided on the face of this order, transportation
charges on Supplies shall be f.o.b. destination, at Seller’s sole cost and expense. Risk of loss
from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller’s Page 62
responsibility until goods have been delivered to Buyer’s designated delivery post. No insurance
or premium transportation costs beyond the price listed in this order will be allowed unless
authorized by Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer
may, in addition to any other rights that Buyer may have under this order, require delivery by
fastest way, and charges resulting from the premium transportation must be fully prepaid and
absorbed by Seller.
WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly
conform to the applicable specifications (including without limitation information or functional
performance, material content, size, appearance, response time, etc.), shall be free from all
defects and workmanship in materials including latent defects, shall be free from defects in
design and suitable for their intended purpose, and shall be free from all claims, encumbrances,
and liens. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees, and those for
whom Buyer may act as agent, harmless from all damages, including consequential and
incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with
respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred
in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on
all such items. If any of the supplies are found at any time prior to acceptance to be defective in
material or workmanship, or otherwise not in conformity with the requirements of this order,
Buyer (in addition to any other rights which it may have under warranties or otherwise) may at
its option (1) correct or have corrected the nonconformity at Seller’s expense, or (2) reject and
return such supplies or other deliverable items at Seller’s expense, such supplies or other
deliverable items not to be replaced without suitable written authorization from Buyer.
CHANGES. Buyer may at any time request in writing changes to this order in the
specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such
change causes an increase or decrease in the costs of or the time required for performance, Seller
shall immediately notify Buyer. Any request for an equitable adjustment must be made in
writing with 30 days from the date of the written request for the change. No additional charge or
change in the specifications, packing, shipment, quantities, delivery schedules, and other matters
will be allowed unless authorized by Buyer in writing.
TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax
under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased
by the city for installation by the seller under this contract are the responsibility of the contractor.
ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part,
by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may
assign any monies due or to become due to him hereunder, provided that such assignment shall
not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged
and approved by Buyer in writing.
SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order,
including completed or substantially completed items or major components thereof, with Buyer’s
written consent. Nothing in this order shall be seen as prohibiting Seller’s purchase of standard
commercial articles, raw materials, or other supplies specified in this order if these are typically
purchased by Seller in the normal course of business.
TERMINATION. Buyer may terminate or suspend performance under this order in whole or in
part from time to time by sending written notice to Seller. Upon receiving notice of such action
by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid
incurring any additional costs under this order. Buyer’s sole liability to Seller shall be for items Page 63
completed and delivered to Buyer in accordance with this order and for Seller’s reasonable costs
to the date of termination, such costs being solely attributable to this order and not being
recoverable from other sources.
INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer’s employees,
and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities
for injuries or death of persons or damages to or destruction of property; (2) any other Loss
caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers
or employees in the performance of this order; (3) any Loss caused by or resulting from the
supplies purchased under this order, (4) any intended use of products or materials provided by
Seller; (5) any defective products or materials provided by Seller, including without limitation
the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all
materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by
Seller of any express or implied warranties. If Seller’s work hereunder involves operations by
Seller’s agents, subcontractors, suppliers or employees on Buyer’s premises or any place where
Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence
of any injury or damage to persons or property during the progress of such work. Further, Seller
shall indemnify, defend and hold Buyer, Buyer’s employees, and those for whom Buyer may act
as agent harmless for any injuries occurring to Seller’s agents, subcontractors, suppliers or
employees and Seller shall maintain public liability, property damage and employee’s liabilit y
and compensation insurance sufficient to protect Buyer from any claims under any applicable
law, statute, or regulation.
MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless
in writing and signed by both of the parties hereto. Failure of either party to enforce its rights
under this order shall not constitute a waiver of such rights or any other rights.
ENTIRE AGREEMENT. The parties intend this order as a final expression of their agreement
and as a complete and exclusive statement of the terms thereof, any prior or contemporaneous
oral or written agreements as to the same subject matter notwithstanding.
INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or
otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be
affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall
be valid and shall be enforced to the fullest extent permitted by law.
DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide
a drug free workplace for his employees in accordance with the laws of the State of Georgia.
SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the
basis for this order shall include the plans, specifications, and proposal documents as attached
hereto, together with any other documents so listed and enumerated, if any, and it is expressly
understood that any special conditions listed and attached hereto are specifically made a part of
this contract.
APPLICABLE LAW. The provisions and performance of this purchase order shall be
governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring
any and all actions relating to this purchase order only in the state and federal courts located
within Chatham County in the State of Georgia.
APPROPRIATION. Notwithstanding, any other provision hereof, this agreement shall
terminate at the end of each calendar year without liability or obligation on the part of the City in Page 64
any calendar year where the City has not appropriated funds for the obligations hereunder for the
next calendar year.
PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of
a contract may protest to the Purchasing Agent. The protest shall be made to the purchasing
office having responsibility for initiating the solicitation. The protest must be submitted in
writing within seven calendar days after knowledge of the facts and occurrences giving rise to
the protest. The protest shall include the name and address of the protestant, the solicitation
number, a statement of the grounds for protest, and specify the ruling requested from the
purchasing office. Awards will be held at bay until the protests are resolved.
PAYMENT The bidder shall specify terms of payment.
INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming
the City of Tybee Island as also insured, a 30 day cancellation notice, indicating the following
minimum coverage:
Comprehensive General Liability $2,000,000.00
Automobile Public Liability $2,000,000.00
Workman’s Compensation Insurance equal to the statutory requirements.
TAXES The City of Tybee Island, Georgia is not subject to any State or Federal taxes. Documentation
will be provided with the invoice at the time of payment, if requested.
DELIVERY: F.O.B. DESTINATION 403 Butler Ave, Tybee Island, Georgia 31328 unless
otherwise stated.
TERMINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of
violations by the successful bidder of any term or condition of the contract by giving thirty (30) days
written notice, unless otherwise stated herein, stating the reasons therefore and giving the party ample
time to remedy the deficiency.
Page 65
ATTACHMENT A
CITY OF TYBEE - INSTRUCTIONS TO PROPOSER SIGNATURE SHEET
The Proposer certifies that he/she has examined all documents contained in this RFP package,
and is familiar with all aspects of the proposal and understands fully all that is required of the
successful Proposer. The Proposer further certifies that his/her RFP shall not be withdrawn for
sixty (60) days from the date on which his proposal is submitted to the City.
The Proposer agrees, if awarded this RFP, he/she will:
A. Furnish, upon receipt of an authorized City of Tybee Island Purchase Order, all items
indicated thereon as specified in this RFP for the proposal amount; or,
B. Enter a contract with City of Tybee Island to do and/or furnish everything necessary to
provide the service and/or accomplish the work as stated and/or specified in this RFP for the
proposal amount, and;
COMPANY DATE
SIGNATURE TITLE
TELEPHONE NUMBER
MINORITY/FEMALE BUSINESS DEVELOPMENT PROGRAM: City of Tybee Island City Council
established goals oriented to increase participation of minority and female owned businesses, through MBE/WBE
certification and development. In order to accurately document participation, businesses submitting proposals,
quotes or proposals are encouraged to report ownership status. A minority or women business is defined as a
business that is at least 51% owned and managed by minority or women.
A responder that is certified by any agency of the Federal Government or State of Georgia may submit a copy of
their certification with their proposal as proof of qualifications. Proposer that intends to engage in joint ventures or
utilize sub-consultants must submit a report of Minority/Women Business Enterprise participation to Melissa
Freeman, P.O. Box 2749, and City of Tybee Island, GA 31328.
African-American\Black_____ Asian American_____ Hispanic_____ Native American_____
Alaskan Indian_____ Female_____
In the award of “Competitive Sealed RFPs”, minority/female participation may be one of
several evaluation criteria used in the award process.
Page 66
ATTACHMENT B
CONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b) (1)
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services on behalf of CITY OF TYBEE ISLAND has registered with, is
authorized to use and uses the federal work authorization program commonly known as E-
Verify, or any subsequent replacement program, in accordance with the applicable provisions
and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will
continue to use the federal work authorization program throughout the contract period and the
undersigned contractor will contract for the physical performance of services in satisfaction of
such contract only with subcontractors who present an affidavit to the contractor with the
information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work
authorization user identification number and date of authorization are as follows:
_________________________________
Federal Work Authorization User Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
_________________________________
Name of Project
_________________________________
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE___ DAY OF _____, 20__.
_________________________________
NOTARY PUBLIC
My Commission Expires:
Page 67
ATTACHMENT C
SUBCONTRACTOR AFFIDAVIT under O.C.G.A. § 13-10-91(b)(3)
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A.
13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with______________________ (name of
contractor) on behalf of CITY OF TYBEE ISLAND has registered with, is authorized to use and
uses the federal work authorization program commonly known as E-Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in
O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the
federal work authorization program throughout the contract period and the undersigned
subcontractor will contract for the physical performance of services in satisfaction of such
contract only with sub-subcontractors who present an affidavit to the subcontractor with the
information required by O.C.G.A. § 13-10-91 (b). Additionally, the undersigned subcontractor
will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor
within five (5) business days of receipt. If the undersigned subcontractor receives notice of
receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to
forward, within five (5) business days of receipt, a copy of such notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and
date of authorization are as follows:
_______________________________
Federal Work Authorization User Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Subcontractor
_________________________________
Name of Project
_________________________________
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on _________, ___, 201__ in _____________________(city), ______(state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE __ DAY OF ________, 201__.
_________________________________
NOTARY PUBLIC
My Commission Expires: _________________________________
Page 68
ATTACHMENT D
O.C.G.A. § 50-36-1(e)(2) Affidavit
By executing this affidavit under oath, as an applicant for a(n) ____________________ contract
for a public benefit as referenced in O.C.G.A. § 50-36-1, from the CITY OF TYBEE ISLAND,
Georgia, the undersigned applicant verifies one of the following with respect to my application
for a public benefit:
1) _________ I am a United States citizen.
2) _________ I am a legal permanent resident of the United States.
3) _________ I am a qualified alien or non-immigrant under the Federal Immigration and
Nationality Act with an alien number issued by the Department of Homeland
Security or other federal immigration agency.
My alien number issued by the Department of Homeland Security or other federal
immigration agency is:____________________.
The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has
provided at least one secure and verifiable document, as required by O.C.G.A.
§ 50-36-1(e)(1), with this affidavit.
The secure and verifiable document provided with this affidavit can best be classified as:
_____________________________________________________________________.
In making the above representation under oath, I understand that any person who knowingly and
willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall
be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such
criminal statute.
Executed in ___________________ (city), __________________(state).
_________________________________
Signature of Applicant
_________________________________
Printed Name of Applicant
SUBSCRIBED AND SWORN BEFORE ME ON THE ___ DAY OF ___________, 20____
_________________________
NOTARY PUBLIC
My Commission Expires:
Page 69
ATTACHMENT E
CITY OF TYBEE ISLAND VENDOR APPLICATION
What Products/Services will you provide to the City of Tybee Island:
Contact:
Email:
Phone:
Fax:
Location:
Accounts Receivable Information:
A/R Contact:
Email:
Phone:
Fax:
Remittance Address:
Our terms are net 30
Page 70
ATTACHMENT F
PROPOSAL SHEET
REPLACEMENT ROOF
RFP# 2019-733
Please attach all specifications regarding materials, installation, and warranties to this sheet with
your total proposal cost below.
TOTAL PRICE: ______________
__________________________ (Firm)
__________________________ (Signature)
__________________________ (Title)
Page 71
ATTACHMENT G
CHECKLIST FOR SUBMITTING RFP
Sign below and submit this sheet with RFP
NOTE: All of the following items must be submitted with your RFP to be considered
“responsive”. Remember to follow the Instructions in the RFP Documents.
ACKNOWLEDGMENT OF ANY/ALL ADDENDUMS (if any Addendums issued)
RFP SHEETS COMPLETELY FILLED OUT AND SIGNED
COMPLETE AND SUBMIT ALL ATTACHMENTS TO THE RFP (Attachments A-G)
INCLUDE W-9, CERTIFICATE OF INSURANCE AND CURRENT BUSINESS LICENSE
__________________________________________
NAME/TILE
__________________________________________
COMPANY NAME
__________________________________________
ADDRESS
__________________________________________
CITY/STATE/ZIP
__________________________________________
PHONE NUMBER
__________________________________________
EMAIL
__________________________________________
SIGNATURE
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown Mayor pro tem
Shirley Sessions
John Branigin
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
RFP 2019-733 DPW Roof
DUE 5-31-19 11:00am
PROPOSERS
Metalcrafts 46,900.00
Delta Metals 29,000.00
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
13. Resolution: Tybee Road Scenic
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
15. Resolution: Suspending Special Review and Fees for Dune Crossover Improvements
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RESOLUTION NO. ____2019
RESOLUTION OF THE MAYOR AND COUNCIL
OF THE CITY OF TYBEE ISLAND SUSPENDING SPECIAL REVIEW
AND FEES FOR DUNE CROSSOVER IMPROVEMENTS NECESSITATED BY
BEACH AND DUNE IMPOVEMENTS
WITNESSETH
WHEREAS, the City of Tybee Island is in the process of performing beach
improvements consisting of the construction of dune fields on various areas of the beach; and
WHEREAS, further projects are intended and anticipated for additional beach
improvements, including dune fields; and
WHEREAS, the dune fields constructed and to be constructed are impacting existing
beach access points and dune crossover facilities, some of which are privately owned or
constructed; and
WHEREAS, due to the special circumstances of the contemplated beach improvements
and the impact on existing crossovers, the Mayor and Council of the City of Tybee Island have
determined and did in fact decide at the meeting of the Mayor and Council on June 13, 2019, to
waive any fees associated with the permitting of additional repairs, construction or modifications
of existing dune crossover structures to the extent they are impacted by beach improvements
conducted on behalf of the public in general by the City; and
WHEREAS, ordinarily the City would impose fees and special review requirements in
connection with such dune crossovers but, under the circumstances, the Council determined it is
more equitable to waive all fees and special review requirements for alterations, construction or
modifications of dune crossover structures as necessitated by the beach improvements;
NOW, THEREFORE, it is hereby resolved by the Mayor and Council in open meeting,
duly assembled, that those provisions of the LDC Section 3-100 requiring special review of the
intended alteration, construction or disturbance of beach dunes or vegetation thereon by the
alteration or construction of dune crossovers is deemed inapplicable for the new construction,
improvements, repairs or modifications of dune crossovers necessitated by current and
anticipated beach improvements projects, including but not limited to new dune construction and
such shall be considered “special events” for purposes of that ordinance not requiring special
review.
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IT IS FURTHER RESOLVED, that the imposition of fees for the construction of dune
crossovers, including any alteration or repair thereof, shall be waived for crossovers that need to
be constructed or altered in connection with or as a result of beach improvement projects
This resolution shall be deemed effective as of June 13, 2019, although it is only affirmed
by this writing presented in the open meeting of July 11, 2019. Department of Natural Resources
permitting shall remain applicable to the extent required by the Department of Natural
Resources.
SO RESOLVED this 11th day of July, 2019.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
16. Resolution: Distribution of the Tourism Product Development Portion of the Hotel/Motel
Tax as Authorized by House Bill 591
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RESOLUTION NO. ____2019
RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF
TYBEE ISLAND REGARDING THE DISTRIBUTION OF THE TOURISM PRODUCT
DEVELOPMENT PORTION OF THE HOTEL/MOTEL TAX AS AUTHORIZED BY
HOUSE BILL 591 AND AUTHORIZING APPROPRIATE ACTIONS TO ENABLE
COUNCIL TO DIRECT THE DISTRIBUTION OF SUCH FUNDS
WITNESSETH
BE IT RESOLVED by the Mayor and Council of the City of Tybee Island in open
meeting as follows:
WHEREAS, the City of Tybee Island (“City”) is a duly organized municipality within the
state of Georgia; and
WHEREAS, the City will be increasing its hotel/motel tax from a rate of 6% to a rate of
7% as authorized under Georgia law and as specifically authorized under House Bill 591
authoring such an increase; and
WHEREAS, the City currently contracts with the Savannah Area Chamber of Commerce,
a private sector non-profit organization for the purpose of promoting tourism, conventions and
trade shows pursuant to O.C.G.A §48-13-51(a)(3.2) and O.C.G.A. §48-13-51(a)(3); and
WHEREAS, City of Tybee Island also contracts with what has become a state authority,
the Georgia International and Maritime Trade Center, under House Bill 354 being the Georgia
International and Trade Center Authority, which is also an authorized recipient of a portion of
the hotel/motel tax; and
WHEREAS, the City is increasing the rate of tax pursuant to Georgia Law to a rate of 7%
for furnishing for value to the public any room or rooms, lodgings or accommodations furnished
by any person or legal entity licensed by or required to pay business or occupation taxes to the
municipality for operating the hotel, motel, inn, lodge, tourist camp, tourist cabin, campground
or any other place in which rooms, lodgings or accommodations are regularly or periodically
furnished for value; and
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WHEREAS, the City has changed its tax rate from 6% to 7% in order to increase the
funds available to the City for tourism product development as authorized by law; and
WHEREAS, the City deems it to be in the best interest of the City to generate additional
funds for tourism product development as identified herein and to maintain a distribution process
as allowed by law; and
IT IS NOW, THEREFORE, RESOLVED by the Mayor and Council in open meeting
duly assembled as follows:
The tourism product development purposes shall include beach improvements of beach
nourishment and related facilities and may include the construction and/or maintenance of
restrooms on or near the beach and further, may be used to finance the construction and
operation of the Marine Science Center as a tourism development project, as well as to fund, in
an appropriate manner, operation or activities of the Tybee Post Theatre consistently with
tourism product development restrictions. At this time, it is directed that the funds available for
tourism product development will be distributed as follows:
(a) An amount of approximately $250,000.00 annually to contribute toward the debt service
payments and principal payments on the Marine Science Center facility;
(b) An approximate amount of $70,000.00 for the Post Theater continuing development and
improvements, consistent with tourism product development. However, the Post Theater
must be operated as a public venue for the arts and benefit the community in order to
qualify for such funds;
(c) Remaining funds generated for tourism product development shall be directed toward
funding and preserving funds for beach related improvements including, but not limited
to, the construction of recreational facilities, renourishments, restrooms on or near the
beach, and for similar purposes;
(d) Upon exhaustion of funds for indebtedness of the Marine Science Center, Council shall,
by further resolution, redirect that portion of the tourism product development funds to
other tourism and product developments as permitted by law.
IT IS SO RESOLVED this ____ day of ___________________, 2019.
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CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Jason Buelterman, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
17. Bubba Hughes, Christa Rader, Lullwater Road
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
20. Wanda Doyle, Proposal, Environmental Services, Inc., Tybee Island Dune Restoration
Monitoring 2019
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
24. George Shaw - Home business and home occupation
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Home business office and home occupation p roposed amendments
Home business office means an office use that is conducted entirely within the dwelling which
is carried on by the occupant thereof and no other individual, and which is clearly incidental and
secondary to the use of the dwelling for residential dwelling purposes. The following conditions
must be met:
All business related activity must be entirely within the home. Activity outside of the
home or in an accessory structure are not permitted.
The business shall not create noise, dust, vibration, odor, smoke or electrical
interference that is detectable outside of t he home
No customers may come to the home
There shall be no exterior evidence of the business. No outside display including
signs shall be allowed.
Pick up and deliveries for the business will be restricted to vehicles having no more
than two axles and shall be restricted to no more than two pick -ups or deliveries per
day.
Home occupation means an occupation customarily carried on within a home for gain or
support involving the sale of only those articles, products or services produced on the premises ,
conducted entirely within a dwelling unit or accessory structure and conducted entirely by persons
residing in that dwelling unit and up to one employee, using only that equipment as is customarily
found in a home and involving no display of articles or products. The following conditions must be
met:
Home occupations must go through the Special Review process and be approved by
City Council
Home occupation shall not include the repair and/or maintenance of motor vehicl es or
large scale manufacturing, or any use which will create noise, noxious odors, or any
hazard to the health, safety or welfare of the neighborhood.
Home occupation shall not involve group instruction or group assembly.
The area used for the business must be completely enclosed in a manner that the
business is not visible from surrounding properties
There shall be no exterior evidence of the business. No outside storage or display
including signs shall be allowed.
No customers or clients shall be permitted at the site unless sufficient off street
parking is provided and the location thereof is approved by the community
development director
Days of operation permitting customers or clients shall be Monday through Saturday,
daylight hours only.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
27. Shawn Gillen: Confirmation of Peter Gulbronson, City Engineer
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