HomeMy Public PortalAbout20200227AmendedPacket2.pdfMAYOR CITY MANAGER
Shirley Sessions Dr. Shawn Gillen
CITY COUNCIL CLERK OF COUNCIL
Barry Brown, Mayor Pro Tem Jan LeViner
John Branigin
Jay Burke CITY ATTORNEY
Nancy DeVetter Edward M. Hughes
Spec Hosti
Monty Parks
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 M E N D E D A G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
February 27, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation
Pledge of Allegiance
Announcements
Recognitions and Proclamations
1. Recognition of the US Army COE, Savannah District
Spencer Davis
Mackie McIntosh
Burt Moore
Josh Nickel
Emily Wortman
2. Janice Elliott, Recognition of Employees and Employee of the Year
Disclosures and Recusals
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
3. Minutes, City Council Meeting, February 13, 2020
4. Minutes, City Council Meeting/Workshop February 19, 2020
Consideration of Boards, Commissions and Committee Appointments
5. Ethics Commission
Ben Goggins (incumbent)
James McNaughton (incumbent)
Tybee Island Youth Council
6. Tybee Island Youth Council Presentation
1
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5
minutes.
7. Dana Johnson, Beach Chair Rentals
8. Gerald Schantz, Benefit for the 200 Club
9. Cathy Liberatori, Beachview Inn & Spa Benefit for the Tybee Island Maritime Academy
Reports of Staff, Boards, Standing Committees and/or Invited Guests. Limit reports to 10
minutes.
10. Alan Robertson: Coastal Resilience Update - Dune Restoration and Back River Study
11. Alex Muir, Advocacy Coordinator, One Hundred Miles
If there is anyone wishing to speak to anything on the agenda other than the Public
Hearings, please approach the podium, giving your name and physical address.
Consideration of Approval of Consent Agenda
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
12. Agenda Request: Alcohol and Entertainment License Request: Fresh Catch Tybee dba
Pier 16: Liquor/Beer/Wine/Sunday Sales; Entertainment
1601 Inlet Ave
Consideration of Bids, Contracts, Agreements and Expenditures
13. Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 -
20, 2020. Line Item 100-7300-52-3500, $1,600.
14. Out of State Travel, Jan LeViner, Clerk, attend the IIMC Conference, St. Louis, MO, May
16 - 20, 2020. Line Item 1130-52-3500, approximate cost $1,000.
15. Budget adjustment to cover shortage in the Animal Control personnel budget.
16. Statewide Mutual Aid and Assistance Agreement from GEMA
17. Water/Sewer Budget Adjustment Request to Purchase a Street Sweeper - $220,000 from
100-4250-54-2102 to 100-4250-54-2100
18. Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment -
$132,100.00
19. Purchase of Clarifier - Budget Amendment - $600,000 from 505-0000-39-1300 to 505-
4310-54-1400
20. Purchase parts to install into the existing clarifier that is currently non-
operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205
and 505-4310-52-1310
21. Public Education and Government Channel Upgrade - For Approval - Purchased From
100-1535-52-1300 and 100-1535-53-1600. $25,000
22. Secure Records Solutions, LLC: Hard Copy Storage, Thomasville, GA
23. Debris Removal Standby RFP
24. Budget Adjustment from Beach Re-nourishment line item to cover Contract Labor and
Infrastructure Lines for Dune Restoration, $900,000. (Reimbursable Expenses from DCA
Grant
Consideration of Ordinances, Resolutions
25. Second Reading, 2020-02, Sec 34-264 - Short Term Vacation Rentals
2
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
26. Second Reading, 2020-03, Civil Penalties
27. Second Reading, 2020-08, Retirement Plan Ordinance
28. Second Reading, 2020-12, Article III, Sec 3-170, Home Occupations and Home Business
Offices
29. Second Reading 2020-13, Sec 2-010, Terms and Definitions - Home Occupation
30. First Reading, 2020-06, Chapter 70, Art IIIA, Backflow Ordinance/Prevention Program
31. First Reading, 2020-05, Sec 70-76, Use of the Public Sewer
32. First Reading, 2020-07, Adopt Grease Management Program and the Grease
Enforcement Plan
33. First Reading, 2020-09, Parking Fines, Sec 66-147(c)
34. First Reading, 2020-10, Regular Meetings
35. First Reading 2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas
Council, Officials and City Attorney Considerations and Comments
36. John Branigin: Maintenance of Non-City Streets
37. Nancy DeVetter: Beach Task Force motion to ban beach smoking
38. Nancy DeVetter, Beach Task Force Update and Letters of Support (Smoke-Free Beach
Ordinance)
39. Bubba Hughes: Award protest concerning RFP on By Pass Pumps and
status/consideration of grant issues.
40. Bubba Hughes, City of Tybee Island Water and Sewer Requirements
41. Bubba Hughes: Possible Rules of Procedures to include adding Disclosures and Recusals
42. Bubba Hughes: Authorization for the Mayor to sign and the Clerk to attest multiple
contracts with homeowners for Hazard Mitigation Grant Program for elevation of homes.
43. Shawn Gillen: Wellness Program Description
44. Shawn Gillen: Setting Price for Virtual Parking Decal at $300.00 - Action Item
45. Shawn Gillen: Parking Fines - Action Item
46. Shawn Gillen: Increase Cost of Parking Decal for Non-Tybee Residents to $200.00 -
Action Item
47. Shawn Gillen: Creation of three part time Code Enforcement Officers in the TIPD for 29
hours per week starting March 23, 2020 (15 weeks), $21,982
48. Todd Smith: City of Tybee website, Transparency and Accessibility
49. Jan LeViner: Voter Rolls
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 observe 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
3
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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.”
4
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, City Council Meeting, February 13, 2020
5
City Council Minutes, February 13, 2020
Consideration of Items for Consent Agenda
Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke,
Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were
Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community
Development; and Janet LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes, City Council Meeting, January 9, 2020
Appointment of Matt Harrell as Interim Fire Chief. Mayor Sessions congratulated Chief
Harrell for his appointment.
Historic Preservation Committee
o Fidelia Fowler
o Holly Grell-Lawe
Bubba Hughes: Ante Litem, Olivia Simons. Mr. Hughes recommended this item be
included with it being denied. TO DENY
Minutes, Planning Commission, January 13, 2020
Minutes, TIMSF Board of Trustees Meeting Minutes
Minutes, Ethics Commission, March 11, 2019 and December 4, 2019
Mayor Sessions called the regular meeting to order at 7:00PM. All those present for the consent
agenda were present.
Opening Ceremonies
Call to Order
Invocation: Rev. Sue Jackson, Trinity Chapel United Methodist Church
Pledge of Allegiance
Recognitions
Chief Robert Bryson approached Mayor and Council. Chief Bryson introduced Chief Bill
Kirkendoff, Hinesville Police Department. Chief Kirkendoff explained the State’s Certification
Program is a volunteer program with 129 Standards with ten addition, totaling 139. It takes a
department and community to achieve this Certification. Chief Kirkendoff stated he made a
recommendation to the Georgia Association of Chiefs of Police and the recommendation was
accepted to grant certification to the Tybee Island Police Department. Chief Kirkendoff then
presentation the State Certification to Chief Bryson and the entire Tybee Island Police
Department. Chief Bryson thanked everyone for their support to include Captain Tiffany Hayes
for all her work with this Certification. Mayor Sessions stated Tybee Island is very proud of our
officers and cannot thank them enough for their service.
Mayor Sessions stated in the future the meetings will begin at 6:30PM and continue to have
the Consent Agenda and move right into the regular meeting. An ordinance will be before Mayor
and Council approving this change.
Gerald Schantz, approached Mayor and Council. Mr. Schantz thanked Mayor, Council, and Staff
for their cooperation with the remodeling of his restaurant. He also thanked Dr. Gillen for his
Friday Morning Coffee Meetings as this provides the citizens an opportunity to discuss their
concerns. Mr. Schantz invited everyone to the grand opening of his restaurant which will benefit
the 200 Club of the Coastal Empire, Friday, February 14, 2020 at 5:00PM, Gerald’s Pig and
Shrimp.
6
Mary McLemore, approached Mayor and Council to speak to the Marine Science Center
lease. Ms. McLemore read from a prepared statement (attached) where she expressed her
concerns regarding the proposed Marine Science Center Lease. She stated the Marine Science
Center is a great asset to the Island and nothing she is saying should be taken to denigrate the
Marine Science Center. Mayor Sessions thanked Ms. McLemore for her comments and concerns
and her statement will be included in the official record.
Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote
was unanimous, 6-0.
Public Hearings
Variance: Encroach Rear Setback with Steps to Maximize Porch Area - 11 Bright
Street - 40002 15006-Zone R-1-B. Mike and Deb Goldberg. George Shaw approached
Mayor and Council. Mr. Shaw stated the petitioner is building a container home on Bright Street
and is requesting a variance for a setback for proposed steps. He further stated that variances
are based on hardships. Planning Commission and Staff are recommending denial, unanimously.
Mr. Parks asked Mr. Shaw if any conditions have changed since this was heard by the Planning
Commission. Mr. Shaw responded, none that he is aware of. Mike Goldberg approached Mayor
and Council to speak in favor of this variance request. He is asking to allow his stairs to be within
the 10’ setback. Mr. Goldberg stated this is a grandfathered lot and he distributed documents
(attached) containing drawings and affidavits stating they do not object to this request. He is not
asking to build in that area only for a landing for the staircase. Mayor Sessions thanked Mr.
Goldberg and made mention that in the packet as presented by Mr. Goldberg, there are two
letters in favor of this variance request. Monty Parks made a motion to deny. John Branigin
seconded. Vote was unanimous to deny, 6-0.
Text Amendment: Definitions for Home Based Business. Jay Burke and Spec Hosti
recused. Mr. Shaw approached Mayor and Council. He stated the previous council asked the
Planning Commission to review Home Based Definitions and bring recommendations back to
Mayor and Council. After recommendations from the Planning Commission it was brought before
Mayor and Council for first reading. At that time, it was noted there was a conflict with the
definition of Home Occupation. Ms. DeVetter asked for clarification of the procedure. She
confirmed with Mr. Shaw, Mayor and Council are approving only the adding of one section to the
definitions. Mr. Shaw confirmed. Monty Parks made a motion to approve first reading. John
Branigin seconded. Voting to approve were Monty Parks, John Branigin and Nancy DeVetter.
Voting against was Barry Brown. Vote to approve, 3-1.
Jay Burke and Spec Hosti returned to their seats.
Consideration of Bids, Contract, Agreements and Expenditures
Atlantic Waste Contract. Dr. Gillen addressed Mayor and Council. Dr. Gillen stated he is
trying to resolve four distinct issues: (1) Atlantic Waste charges the City one fee and that fee is
not passed to the residents which creates a shortage in the Solid Waste Fund of about $150,000;
(2) Curbside single stream recycling is not working as it is mostly going to the landfill; (3) how
does the City address the increase in garbage if curbside recycling stops; and (4) issue of Short
Term Vacation Rental (STVR’s) and the increase in garbage they bring. The contract is curbside
or side door recycling of single stream and we have a recycling drop off center with several drop
off units around the City to where residents/visitors can bring their recycling. Therefore, Atlantic
Waste will no longer do recycling as the City will do it. This now creates twice a week garbage
collection. There will no longer be Saturday collection for STVR’s but will be another day of the
7
week. He feels this will take care of the problems with garbage sitting in the cans for days and
days. The price to the City will remain the same as will the cost to the residents. Mayor Sessions
stated, to make it simple, currently residents are getting side door recycling pick up, yard trash
once a week and garbage. With the change, the City is eliminating recycling, adding twice a
week garbage pickup (side door pickup) and still have once a week yard pickup. Ben Wall,
Atlantic Waste, approached Mayor and Council. Mr. Wall stated the residents that have pickup
on Monday will go to Monday/Thursday; residents on Tuesday, will go Tuesday/Friday; and the
Wednesday residents will probably go to Tuesday/Friday pickup. Wednesday will now become
yard waste pickup Island wide. Dr. Gillen is proposing a mailing to notify residents of the change
in service as well as on Channel 7. In regards to yard waste, the old recycle cans can now be
used for yard waste. Mayor Sessions stated there is no change in the cost of the new services.
Mayor pro tem Brown asked if these changes are seasonal or year round. Dr. Gillen responded,
year round. Ms. DeVetter asked why the City is not charging the residents what it costs the City.
Dr. Gillen responded it is probably a reluctance to add an additional charge to the residents’ bill
and has always been subsidized by the City. Ms. DeVetter asked is there is a solution. Mr. Branigin
stated it is not applicable to the contract as how the City bills the residents it is a totally separate
issue. Mr. Parks spoke to recycling as what the City is doing currently is a better answer than
curbside recycling and a better system. He stated he will do everything he can to have additional
drop-off centers available to residents. Mr. Parks asked everyone to go the Facebook,
TybeeRecycles, look at the page and “like” for updates. Mayor Sessions thanked Mr. Parks for all
he is doing to create a recycling program and to Mr. Wall for his hard work. Mr. Hughes asked
Mr. Wall for an effective date of the contract. Mr. Wall responded April 1, 2020 which gives the
City time to notify the residents. Atlantic Waste will be stenciling the recycling cans to include
“yard waste” language. These receptacles will now be used for yard waste rather than recycling.
Spec Hosti made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to
approve, 6-0.
Diesel Bypass Pumps RFP contract recommendations (Pumps and Installation).
The staff is recommending the Pumps be purchased from Goforth Williamson. They
are recommending the contract for installation of pumps be awarded to Southern
Civil. Mr. Hughes stated there are two contracts included within the agenda item: (1) concerns
the purchase of bypass pumps for the lift stations necessary in the event power is lost and (2)
for the installation of the pumps. There are no concerns regarding the award of the contract with
regard to the installation of the pumps and he requests Mayor and Council move forward with
the approval of the agreement with Southern Civil as recommended by Staff. Mr. Parks asked if
it benefits the City to approve the contract for installation prior to approval of the purchase of the
pumps. Mr. Hughes responded, this is time sensitive and he would like to have as much in place
as possible. Mayor pro tem Brown stated the City is going to purchase the pumps to be installed
in the lift stations for the possibility of a hurricane. Mr. Hughes responded in the affirmative.
Mayor pro tem Brown asked why was the City not renting the pumps as in the past. Dr. Gillen
stated the pumps are being purchased with a grant from FEMA. Mr. Hosti asked if the pumps
would be used at any other time with the exception of a hurricane. Dr. Gillen responded, no, as
they are installed permanently, above flood level. Ms. DeVetter asked the amount of the FEMA
grant. Dr. Gillen responded $815,000 and the match is from the Water/Sewer Fund. A discussion
ensued regarding the importance of purchasing the pumps as once a hurricane is approaching
other municipalities rent and there is a possibility there are none available when we need them.
Mayor pro tem Brown stated he is not in favor of this purchase as it is unknown if these pumps
will withstand the harsh environment with the salt water environment. Mayor Sessions stated
with speaking with the Water/Sewer Department, this purchase is of great importance. She asked
Dr. Gillen to address. Dr. Gillen responded this is essential as residents may not come back on
the Island until the water/sewer is properly functioning. The City has learned from the past that
8
we need to have pumps reserved and set aside. John Branigin made a motion to approve the
contract for installation of the pumps. Monty Parks seconded. Voting in favor were Jay Burke,
Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti. Voting against was Barry Brown.
Vote to approve, 5-1.
Mr. Hughes stated the purchase of the pumps was also part of a Request for Proposal and Staff
reviewed and evaluated the responses, made a recommendation, however, since the
recommendation was made, two protests has been received by the City. Under the Procurement
Policy, the City must go through a procedure which is quick. The purchasing agent will make the
initial decision, the complaining party may appeal to the City Manager and if needed can be
appealed to Mayor and Council. A representative from Allight Primax was present this evening
but he recommended it is not appropriate for him to address Mayor and Council at this stage if
there is an appeal as none of the other participants in the process were notified to be present.
The two protests need to be dealt with under the process prior to the agreement being awarded.
Mr. Hughes stated it is his recommendation that after the first layer of the process is met, the
City proceed to award the contract if the protest is rejected. However, if it is accepted, Mayor
and Council will have to meet to decide how to move forward. Revocation of the award of the
installation contract could happen at that point. He would recommend in the event there is a
workshop or meeting scheduled prior to the next City Council Meeting, as soon as the protest is
resolved, the award of this contract based on the recommendation if the protest is rejected, both
the contracts be dealt with at that time. There would be no vote on the contract tonight.
Purchase of Pumps from Goforth Williamson deferred until February 19, 2020,
9:30AM, City Council Workshop.
The bids for the Jaycee Park Restroom project were opened at 2:00pm on January
23rd, 2020. There were 6 bids received. This agenda item to request that City Council
approve the award to the lowest responsive bidder, CNB Construction, LLC, in the
amount of $330,500.00. Attachments: Original ITB, Greenline Plans and Specs,
Addendum #1, Bid Sheet, Response from CNB Construction. Mayor pro tem Brown
asked Dr. Gillen what the highest bid was. Dr. Gillen stated he does not have that figure but will
provide and confirmed there a Penalty Clause in the proposed contract. Dr. Gillen confirmed. Mr.
Branigin stated the high bid was $499,047 by R. W. Allen and Company. Mayor pro tem Brown
asked Dr. Gillen if the tile used in Memorial Park will be used for the bathrooms in Jaycee Park.
Dr. Gillen responded no due to availability. Mayor Sessions asked Dr. Gillen if the proposed
contractor has been vetted by the City. Dr. Gillen stated there is certain criteria they must follow
and this contractor has met the requirements. Jay Burke made a motion to accept the bid from
CNB Construction. John Branigin seconded. Voting in favor were Jay Burke, John Branigin,
Nancy DeVetter and Spec Hosti. Voting against were Barry Brown and Monty Parks. Vote to
approve, 4-2.
Agreement between City of Tybee Island and Tybee Island Marine Science Center.
Mr. Hughes stated there are overlapping elements associated with this agenda item. They
involved agenda items 10, 11, 12 and 17 respectively. The Agreement with the Marine Science
Center is an exhibit to the Agreement with Limewood, which is the LLC of the Makels who are
donating by lease a parcel of the property to be used for recreational displays. Mr. Hughes
continued, there is no rent paid but they will be covered under the Marine Science Center’s liability
coverage as will the City. Providing that liability coverage by the Marine Science Center is required
in the Marine Science Center’s lease from the City. Hence it all overlaps. The plat needs to be
approved and all can be discussed simultaneously. The proposed lease has been changed so it
closer to the existing lease for the south-end building. Maintenance obligation in respect to the
building which is the City’s will be the City’s responsibility as they maintain the interior and routine
9
maintenance of the building. The rent to the City has been changed so it includes the cost of the
City having the structure insured. This has been estimated at $12,100 from GIRMA which will be
paid by the Marine Science Center to the City. He stated representatives from the Marine Science
Center are in attendance if there are questions. Mayor Sessions asked if #12, Agreement for
First Chatham as to Landlord Release for Marine Science Center and #11, Agreement with Makel’s,
can those be voted on independently from the other items or would Mr. Hughes want them
discussed with the other items. Mr. Hughes stated his preference, all at the same time including
#17, Resolution 2020-02 for Plat Approval. Mayor pro tem Brown made a motion to approve
item #10, Agreement between City of Tybee Island the Tybee Island Marine Science; #11,
Agreement with Makel, City of Tybee Island and Marine Science Center; #12, Agreement for First
Chatham as to Landlord Release for Marine Science Center; and #17, Resolution 2020-02 for Plat
Approval: Makel and Marine Science Center. Motion died for lack of second. Nancy DeVetter
made a motion to table until the upcoming City Council Workshop, February 19, 2020. Jay Burke
seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec
Hosti. Voting against was Barry Brown. Motion to defer approved, 5-1. Mayor pro tem Brown
stated there is another City owned building on the Island that was paid for with SPLOST funding,
the Marine Rescue Squadron. Ms., DeVetter would like to see all the non-profit leases for City
buildings prior to the workshop. Mayor Sessions asked Council to direct any questions to Mr.
Hughes and/or Dr. Gillen so they can all be included in discussions at the upcoming workshop.
Deferred until City Council Workshop, February 19, 2020.
Agreement with Makel, City of Tybee Island and Marine Science Center. Deferred until
City Council Workshop, February 19, 2020.
Agreement for First Chatham as to Landlord Release for Marine Science Center.
Deferred until City Council Workshop, February 19, 2020.
Consideration of Ordinances
First Reading, 02-2020, Sec 34-264, Signage - Short Term Vacation Rentals. Monty
Parks stated he asked for the proposed ordinance as the City Marshalls asked Mayor and Council
to consider shortening the period between when a STVR is sited and when they respond.
Currently they have 21 days if cited for not having a sign in front of their STVR. Mr. Parks is
recommending changing to seven (7) days. Monty Parks made a motion to approve. John
Branigin seconded. Vote was unanimous to approve, 6-0.
First Reading, 2020-03, Civil Penalties. Monty Parks stated he supports the proposed
ordinance as this will give offenders the opportunity to pay for the violation at the police
department and not have to go through the court system unless it is appealed. These tickets can
be issued by Non-Post Certified Officer of the law. Dr. Gillen stated he will follow-up later during
the meeting. Monty Parks made a motion to approve first reading. John Branigin seconded.
Vote was unanimous to approve, 6-0.
First Reading, 2020-08, Retirement Plan Ordinance. Dr. Gillen stated this is a
housekeeping measure as the IRS requires the Retirement Plan adopt certain provisions. There
is a summary of the provisions included in the packet before Mayor and Council. Monty Parks
made a motion to approve. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0.
Resolution, 2020-01, Supporting Legislation for the Georgia Local Government
Infrastructure Finance Authority Act. Mayor Sessions stated she believes Council agrees
to remove from the agenda. Council confirmed. NO ACTION TAKEN
10
Resolution 2020-02 for Plat Approval: Makel and Marine Science Center. Deferred
until City Council Workshop, February 19, 2020.
Resolution 2020-03, to Apply for a Coastal Incentive Grant and Commit upon Award
of the Grant to enter into a Project Agreement with the GDNR Coastal Resources
Division. Dr. Gillen stated the funds are for the monitoring of the dune system. After the
dunes are built the Grant will be used to monitor erosion, growth, and vegetation as this will show
the dunes are either growing in size or not. Alan Robertson approached Mayor and Council.
Mr. Robertson stated this is the same type grant that was used for the water rate study in the
past. The City has applied for a two year grant, $37,000 the first year and $25,000 the second
year. He went on to explain the process of plantings in the dunes. Mr. Robertson stated the
Resolution is required as part of the application package. Mr. Parks asked if this is a match grant.
Mr. Robertson responded in the affirmative. There is no money involved as it is “in-kind” services.
Monty Parks made a motion to approve. Jay Burke seconded. Vote was unanimous to
approve, 6-0.
Resolution 2020-04, In opposition of HB 523 (Monty Parks). Monty Parks read HB 523
per the request of Mayor pro tem Brown. Mayor Sessions stated, for the record, she has spoken
with our local legislators to make them aware the House Bill will be on the agenda and Mayor
and Council will be voting and sending the Resolution to them. Barry Brown made a motion
to approve. Monty Parks seconded. Vote was unanimous to approve.
Council, Officials and City Attorney Considerations and Comments
Barry Brown stated he is still receiving concerns regarding the answering of City Hall
telephones. Mayor pro tem Brown explained the telephone report showing the amount of calls
being answer and those going to the auto-attendant. He expressed his concerns and asked Dr.
Gillen to address. Mayor Sessions confirmed if someone were to call the main number, it should
be answered by a “real” person, if not, the call is directed to the “hunt group” and if not answered
at that point the call would go to the auto-attendant. Dr. Gillen confirmed. He will continue to
work on better percentages of calls that are answered by his administrative assistance and the
“hunt group”. He continued to explain the complications with not having adequate staff due to
travel and multitasking duties. Mr. Parks asked if there ever a dedicated receptionist tasked with
answering the telephones. Mayor pro tem Brown stated no. Dr. Gillen stated his administrative
assistant has multiple duties such as covering Parking during lunch and other projects in City Hall.
Mayor Sessions responded customer service is critical to the Island as we are such a small
community. It is her desire to move forward to ensure the best customer service available.
Builder's Risk Coverage, Marine Science Center. Dr. Gillen stated this agenda item is
separate from others related to the Marine Science Center and needs to be dealt with. The
Insurance needs to be extended. Mr. Hughes stated this is an extension from February to march
28th on the Builder’s Risk Police and it a change order paid out of the contingency for the building.
Spec Hosti made a motion to approve. Monty Parks seconded. Vote was unanimous to
approve, 6-0.
Shawn Gillen and Matt Harrell approached Mayor and Council to speak to Beach Safety
Update - Beach Rule Enforcement Update. Interim Chief Harrell gave an update on the
changes with the Ocean Rescue which has now been rebranded to “Beach Safety” which are the
lifeguards under the Tybee Fire and Rescue. Schedules will be provided to Mayor and Council
outlining training, educational, and actual times they will be in the stands. Zones of coverage
were explained which will provide consistency. He is also proposing new stands which will provide
better coverage during the heat of the day, solar power for charging stations and stairs which
11
will reduce injuries as guards jumped from the old stands. Chief Harrell stated he would like to
purchase three pop-up stands which can be moved to busy areas during the summer. This would
be in addition to the new marine grade aluminum. Dr. Gillen moved to the enforcement of beach
rules. Chief Bryson is requesting to have his officers not patrol the beach as they are needed on
the Strand and Tybrisa to patrol but will still be in the vicinity of the beach. Beach enforcement
would be done with technology such as cameras. Code Enforcement Officers will respond to
violations such as litter, glass on the beach and damaging of dunes. These will be Non-Post
Certified Officers which will be under the supervision of the City Marshall. Mr. Burke asked the
cost of the cameras. Dr. Gillen responded approximately $3,000 per camera and will need internet
service. He continued, he is not asking for a vote this evening as he will need to bring a budget
adjustment before Mayor and Council. Ms. DeVetter asked who will be issuing the tickets, Beach
Safety or Code Enforcement. Dr. Gillen responded Code Enforcement as Beach Safety would call
in violations. Mr. Branigin agreed that technology is the best approach as the beach is very busy.
He also recommended signage at the crossovers to make beach goers aware that cameras are
monitoring the beach for rule enforcement. Ms. DeVetter asked if anyone has other violations to
add to the ordinance please let her know. Dr. Gillen recommended the sand bar ordinance that
was put in place last year. Mayor pro tem Brown asked if the lifeguards would still be using their
telephones and playing volleyball while on duty. Chief Harrell addressed Mayor and Council. He
explained use of the telephones would not be tolerated while on duty with the exception of their
breaks. Volleyball might be included as daily physical training but it will not be while they are on
duty. He continued that the guards will now have radios that when there is a need to call dispatch,
the police department and fire department will all be able to hear to call. This will give backup if
needed. Mayor Sessions thanked both Dr. Gillen and Chief Harrell for their presentation.
Barry Brown made a motion to adjourn to Executive Session to discuss Personnel, Real-estate
and Litigation. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Spec Hosti made a motion to return to regular session. Nancy DeVetter seconded. Vote was
unanimous to approve, 6-0.
Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 10:53.
______________________________
Janet R. LeViner, CMC
Clerk
12
13
14
15
16
17
18
19
20
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, City Council Meeting/Workshop February 19, 2020
21
City Council Minutes February 19, 2020
Mayor Sessions called the City Council Meeting/Workshop to order at 9:30AM, February 19, 2020.
Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and
Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney;
Dana Braun, Legal Counsel; George Shaw, Director, Community Development; and Janet LeViner,
Clerk of Council.
Mayor Sessions explained thee are items on the agenda carried over from the previous City
Council Meeting to properly address.
Items for Consideration
Diesel Bypass Pumps RFP Contract recommending the pumps be purchased from
Goforth Williamson. Mr. Hughes asked Mayor Sessions to discuss this item prior to the
discussions regarding the Marine Science Center. Mayor Sessions confirmed. Mr. Hughes stated
the City rejected both protests that were received under the Procurement Policy through the City
Manager. As the protest has been appealed, it will be decided by Mayor and Council. This cannot
be done at this meeting as the information is not available as of yet. He recommended this item
be heard at the February 27, 2020 City Council Meeting. Monty Parks made a motion to defer
until the City Council Meeting, February 27, 2020. Barry Brown seconded. Vote was unanimous
to approve, 6-0.
Agreement between City of Tybee Island and Tybee Island Marine Science Center
(MSC). Mr. Hughes stated he will be happy to discuss the agenda items regarding the Marine
Science Center in unison as some points are easier than others. He has received many comments
regarding the term of the lease. The MSC is a non-profit, receives benefits from the City and they
should provide the financial information as other non-profits do. This way, the City can track the
benefits as they flow to the City. This has not been covered in the lease of the existing structure
but may have been covered in the grant process when discussed during the budget cycle. The
initial term of the lease is 15 years with rights for renewal three (3) times to bring it to 30 years.
Mr. Hughes continued, the term of the lease was recommended by him due to the term of the
bond financing through the Chatham County Recreational Authority. Marine Rescue Squadron
has a 15 year lease with a renewal and Shine Club is 15 years with a renewal. He feels the term
seems to be reasonable. He expressed his concerns with the term of the lease if extended past
15 years without renewals as it may not be enforceable. If no formula for rent is included in the
agreement then the agreement is not valid. Mayor Sessions asked the City Manager to prepare,
in the interest of transparency, what the City is paying for with the construction of the MSC
building and what the MSC is paying for as residents would like clarity. Dr. Gillen distributed a
Final Closing Memorandum to Mayor and Council (attached). Mayor pro tem Brown asked
regarding insurance, the $12,000, what is that actually for. Mr. Hughes responded, the building.
He stated originally the MSC was going to build the building but the City is responsible for the
building being built and the financing going through the Recreational Authority. In the original
draft of the lease, the MSC was insuring the building for the City and going forward the building
will be insured by the City but this is to reimburse to the City for the cost the MSC incurs in
insuring the building. Ms. DeVetter stated she has reviewed the other leases regarding the non-
profits using city buildings. She stated the leases are different and most do have a 15 year lease
with the exception of Tybee Arts Association as they have a one (1) year lease. Mr. Hughes
stated the MSC will insure the contents of the building and those contents will be used for
collateral for the Agreement with First Chatham Bank. Mr. Branigin stated he fully supports the
MSC as it is a tremendous asset to the City and Mayor and Council need to look at the term of
the lease. Whether the MSC is paying $10 a year or $10,000 a year does not mean much as it
22
applies to the City’s debit service. The perception that $10 rent per year is too low. He would
recommend Mayor and Council have the option to review on a five (5) year basis and language
should be included that requires the MSC to provide a copy of the financial statement on an
annual basis. In this way the rent can be adjusted according to the MSC’s profit. Mayor Sessions
concurred with Mr. Branigin regarding the perception of the proposed rent of $10 is too low. She
supports the MSC and a five (5) year time period is not unreasonable to consider. Mayor Sessions
stated the MSC Board has provided their minutes to Mayor and Council in a timely manner and
they have not been required to provide their financials. She asked that going forward they provide
their financials. Mayor Sessions then asked Dr. Gillen to review the Final Closing Memorandum
that he distributed earlier. She stated the MSC is taking care of the daily operations, the staff,
and the insurance payment of $12,100 as she understands. Dr. Gillen went over the highlights
of the Memorandum to include the twenty year term of the Bond. Dr. Gillen stated the Hotel/Motel
Tax was increased so those funds would be used for the construction of the MSC. Mayor pro tem
Brown concurred as Mayor and Council worked diligently to have that legislation passed. Mr.
Hosti asked Mr. Hughes if the lease is not 15 years will the MSC have issues with procuring a loan
from First Chatham Bank. Mr. Hughes recommended the Board of the MSC answer that question.
Ms. DeVetter asked a representative from the MSC to approach Mayor and Council to respond.
Harold Yellin, Attorney, MSC Board, approached Mayor and Council. Ms. DeVetter stated she will
support a five (5) year re-examination period regarding the lease. Mr. Yellin stated the MSC
Board is not opposed to presenting financials and audited financial statements are given to the
City Manager every year. As to a re-examination every five (5) years is completely acceptable to
the Board. As to the term, the Board originally asked for thirty years as their current lease is thirty
years. The City Attorney asked for a fifteen year lease with the renewals of five (5) year, three
times. The Board’s idea was originally thirty years but will agree to the five (5) year and renewals.
The Board is involved with negotiations with the lender and will be borrowing a substantial amount
of money for furniture, fixtures and equipment, approximately $1.2M - $1.5M and will have a
substantial investment in the building. Mr. Yellin continued to explain the MSC Board thought it
would be better for the City to insure the building rather than them having a standalone policy
and to answer Ms. DeVetter’s question, the MSC will have $1M liability policy. He is asking Mayor
and Council to consider a 15 year lease and will pledge to the City to provide audited financials
as well as workshops if needed. Mayor pro tem Brown asked if the MSC will carry Workman’s
Comp coverage. Mr. Yellin confirmed and if it is not in the comprehensive policy, it will be added.
Mr. Hughes confirmed that Workman’s Comp will be included in the insurance section on their
employees. Ms. DeVetter asked Mr. Yellin if it would be his preference to have the rent waived
for five (5) years. Mr. Braun stated there needs to be something in the lease stating how the
rent is going to be established exactly. There needs to be a formula as to how the rent is
established. A discussed ensued regarding the different scenarios regarding the establishment
of the rent as to a certain amount being waived for the first (5) years or a certain amount per
visitor. Mr. Braun recommended the lease be set for more than five (5) years. Mr. Yellin agreed
as lenders are looking for predictability and if a lease term is included in the lease that is
unpredictable might deter the ability to obtain a loan. Mr. Parks expressed his concerns with the
$1.5M in outstanding debt. He would rather the City write the note than a bank so the City has
the flexibility and he would have liked the possibility Mayor and Council have the option to
underwrite the note. Mr. Parks continued, there is $3.5M in Bond and $600,000 is set aside with
SPLOST totally over $4M currently. He feels the MSC is most fundable organizations on the
southeast coast to this point. He also feels the MSC has every buzz word for grants, foundations,
federal and state money and loans. Ms. Sakas stated the Board has been working off the SPLOST
money to get the design moving forward and once the design was completed, the Board was
about to raise money. She stated the Board needed to do a Capital Campaign prior to raise
donations. They have received two (2) $100,000 grants and was told the money would be
received in increments and they are receiving additional pledges to date. Those pledges can be
23
in a lump sum or over a five (5) year period. Members are now going to other individuals for
donations/grants. Letters have been sent to the residents giving them the opportunity to donate
to the MSC. Mr. Parks asked if the Board is soliciting grants or foundational support from groups
such as the federal, state, local and international financing opportunities. Ms. Sakas confirmed
and stated they have received a NOVA Grant and are in the process of working those various
avenues. Mr. Parks stated he will vote in favor of the lease and would like an option in the future
to know the City has a chance to recover some portion of the debit. Mr. Yellin confirmed the
City will receive audited financials on a regular basis and Mayor and Council will have the
opportunity to question any part of the financials and grant process. Maria Procopio approached
Mayor and Council. Ms. Procopio stated the Board is indeed soliciting corporate and private
foundation grants. They have not been able to find municipal grants to date that they are
qualified for. This loan is a Bridge Loan as pledges and grants that have been received have
timelines in terms of requesting as well as distribution timelines. Ms. Procopio explained the loan
will be spent on exhibits, cabinetry, plumbing, concrete pad pours, and upgrading the windows
in the new facility to sea turtle glass. The relationship with the MSC and the City is a partnership
thus attributing to the success of the MSC. Mr. Parks asked if the MSC was paying for their sign,
security, generator, and security systems. Ms. Procopio confirmed the MSC would pay for
everything he is asking. Mr. Parks stated he would like to go on record as saying what was
agreed to him in the past that no additional monies required from the City. Mr. Parks made
reference to Section 1.8, Permitted Uses, has changed from the old lease but not changed in the
new lease. Mr. Yellin addressed Mr. Parks’ concerns regarding permitted events to be held at the
MSC as well as the number of public bathrooms. Ms. Procopio stated it is their intent to have
events at the MSC that would include programs for children and young adults. They get a MSC
program as they are not renting the venue for events not associated with the MSC. It is part of
an environmental education program. Mr. Parks stated he is moving on to Sec 8.1 which deal
with maintenance of the property and who is responsible. Mr. Hughes responded those provisions
were added while the building was built. The building is now completed or close to it and the
maintenance obligation is now addressed in Subsection C. Mr. Hughes stated the proposed lease
will now be a standard owner/tenant lease obligation. Mr. Parks would like clarification regarding
maintaining of real property and items to include exhibits and signs. Mr. Braun made
recommendation to include language in Article 10.2(a) where the MSC will insure the contents
signs and personal property. Mr. Branigin recommended wording be added to include electric,
mechanical, plumbing and HVAC Systems as provided by the City. Mr. Hughes confirmed. Mr.
Parks then made reference to parking. Mr. Hughes stated what parking is available is delineated
on the plans. It is similar to the existing structure. There are Memorandums of Understanding
that address parking for the south-end structure. Ms. DeVetter recommended there be a separate
document, Memorandum of Understanding, which would address parking on the north-end
structure. Mr. Parks asked when the new facility will be open to the public. Ms. Procopio
responded September 2020. The building will be ready sooner but May, June and July are the
primary revenue generating months and they do not want to lose that opportunity. Ms. Procopio
continued during those months she will be fabricating exhibits and completing projects. She
stated they will be creating the Public Relations Plan shortly which will provide possible funding
and announcing approximate opening. Mr. Branigin expressed his concerns regarding the lease
amount as it is too generous of a gift. Ms. DeVetter recommended removing the $1,200 insurance
coverage and look back period of cost per head. Mr. Yellin stated cost per head might be a
problem as there are programs the MSC using which gives free admission. After a short
discussion, John Branigin made a motion to approve the lease with the following changes:
Add a section that rent will be for years 1 – 5, $10 per year; years 6 – 10, $5,000 per
year; and for years 11-15, $10,000 per year
Reference Sec 8.2, piece parts in the section are only those initially provided by the City
in terms of the building
24
�� N o c h a n g e i n t h e i n s u r a n c e a s s t a t e d i n t h e c u r r e n t d r a f t
�� A r t i c l e 1 0 . 2 ( a ) , t o i n c l u d e e x h i b i t s a n d s i g n s w h i c h b e l o n g s t o t h e M a r i n e S c i e n c e C e n t e r
D i s c u s s i o n s :
S p e c H o s t i s t a t e d a s a p o i n t o f r e c o r d , t h e H o t e l / M o t e l T a x w i l l b e p a y i n g
f o r t h e M S C , $ 3 . 5 M . M r . H u g h e s c o n f i r m e d .
N a n c y D e V e t t e r m a d e a m o t i o n , a f t e r a d i s c u s s i o n , t o a m e n d t h e p e n d i n g
m o t i o n f o r a p p r o v a l t o a l l o w t h e M a r i n e S c i e n c e C e n t e r t o h a v e e v e n t s a n d
g a t h e r i n g s a r e p e r m i t t e d . J a y B u r k e s e c o n d e d . V o t e w a s u n a n i m o u s t o
a p p r o v e t h e a m e n d m e n t t o t h e m o t i o n , 6 - 0 .
M o n t y P a r k s s e c o n d e d t h e m o t i o n t o a p p r o v e t h e l e a s e t o i n c l u d e t h e a m e n d m e n t . V o t e w a s
u n a n i m o u s , 6 - 0 .
M r . H u g h e s s t a t e d t h e f i n a l l e a s e w i l l b e b e f o r e M a y o r a n d C o u n c i l f o r a p p r o v a l b y M a r c h 1 2 ,
2 0 2 0 .
A g r e e m e n t w i t h M a k e l , C i t y o f T y b e e I s l a n d a n d M a r i n e S c i e n c e C e n t e r . S p e c H o s t i
m a d e a m o t i o n t o a p p r o v e . M o n t y P a r k s s e c o n d e d . V o t e w a s u n a n i m o u s t o a p p r o v e , 6 - 0 .
R e s o l u t i o n 2 0 2 0 - 0 2 f o r P l a t a p p r o v a l : M a k e l a n d M a r i n e S c i e n c e C e n t e r . S p e c H o s t i
m a d e a m o t i o n t o a p p r o v e . M o n t y P a r k s s e c o n d e d . V o t e w a s u n a n i m o u s t o a p p r o v e , 6 - 0 .
A g r e e m e n t f o r F i r s t C h a t h a m a s t o L a n d l o r d R e l e a s e f o r M a r i n e S c i e n c e C e n t e r .
M o n t y P a r k s m a d e a m o t i o n t o a p p r o v e . B a r r y B r o w n s e c o n d e d . V o t e w a s u n a n i m o u s , 6 - 0 .
M a y o r S e s s i o n s r e c o m m e n d e d M a y o r a n d C o u n c i l r e v i e w a l l t h e l e a s e s f o r t h e C i t y o w n e d
b u i l d i n g s f o r c o n s i s t e n c y .
M o n t y P a r k s m a d e a m o t i o n t o a d j o u r n . J o h n B r a n i g i n s e c o n d e d . V o t e w a s u n a n i m o u s t o
a p p r o v e , 6 - 0 .
M e e t i n g a d j o u r n e d a t 1 1 : 0 5 A M .
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
J a n e t R . L e V i n e r , C M C
C l e r k
2 5
26
27
28
29
30
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. Ethics Commission
Ben Goggins (incumbent)
James McNaughton (incumbent)
31
32
33
34
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. Agenda Request: Alcohol and Entertainment License Request: Fresh Catch Tybee dba
Pier 16: Liquor/Beer/Wine/Sunday Sales; Entertainment
1601 Inlet Ave
35
36
37
38
39
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. Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 -
20, 2020. Line Item 100-7300-52-3500, $1,600.
40
41
42
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
15. Budget adjustment to cover shortage in the Animal Control personnel budget.
43
Date Received by Finance:
FINANCE USE ONLY:
Date:Packet No.
Purpose:
Adjusted
Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance
TIPD Salaries & Wages 100-3210-51-1100 1,556,132.00 777,333.61 778,798.39 38,000.00 740,798.39
TIPD Health Insurance Benefits 100-3210-51-2100 336,213.00 177,254.60 158,958.40 6,000.00 152,958.40
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
SUBTOTAL LINE ITEM DECREASES:44,000.00$ xx
Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance
Animal Cont Salaries & Wages 100-3226-51-1100 34,071.00 37,814.92 (3,743.92)41,000.00 37,256.08
Animal Cont FICA Soc Sec 100-3226-51-2200 2,136.00 2,376.51 (240.51)2,400.00 2,159.49
Animal Cont FICA Medicare 100-3226-51-2300 500.00 555.80 (55.80)600.00 544.20
Animal Cont 0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
SUBTOTAL LINE ITEM INCREASES:xx 44,000.00$
Net Change 44,000.00$ 44,000.00$
Signature : _____________________________________________ Date __________________
____________________________________
Was the Budget Amendment Request approved by the City Council? YES NO N/A
If yes, please indicate the date approval was given: _____________________________Date:____________________________________
Attach Copy of Agenda Item and minutes from the City Council Meeting
Approved by: ___________________________________________ Date: __________________
LINE ITEM INCREASES
Signature of Finance Employee who Processed the Request:
Cover budget shortages in Animal Control personnel
Budget Adjustment
Requested
LINE ITEM DECREASES
BA Ref No.
CITY OF TYBEE ISLAND, GEORGIA
BUDGET LINE ITEM TRANSFER REQUEST FORM
TIPD
1/1/2020
Department
Submitted By:
44
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. Statewide Mutual Aid and Assistance Agreement from GEMA
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
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. Water/Sewer Budget Adjustment Request to Purchase a Street Sweeper - $220,000 from
100-4250-54-2102 to 100-4250-54-2100
60
Water/Sewer Budget Adjustment Request
Street Sweeper
The existing street sweeper was bought in 2017 with SPLOST funds and has spent more time in the shop
than operational. The current sweeper is a vacuum style sweeper. When it sucks up the sand from the
roadways it acts like a sand blaster and wears out the hopper which is used for storage. Sections of the
hopper have been replaced with new sheet steel. The electronics on the current sweeper have
continually broken down and the repair bills have been very costly to our maintenance budget. We
have not had the sweeper out in the last four months because it has once again broken down.
The sweeper I am proposing to buy is a Pelican model which is produced by Elgin. It sweeps the debris
onto a conveyor belt and then the debris is dropped into the hopper. This style of street sweeper is the
industry standard and used by many municipalities.
As part of our ongoing MS4 Storm water permit we are required to keep the roadways swept to reduce
the amount of suspended solids from entering our storm sewer system and entering the waters of the
state. We also need to maintain a regularly scheduled street sweeping schedule to keep the streets
looking clean. We use the sweeper after every parade to pick up debris on the parade route.
Clean streets mean cleaner storm sewers and inlets which in turn will lead to less localized flooding.
61
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:
18. Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment
- $132,100.00
62
63
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:
19. Purchase of Clarifier - Budget Amendment - $600,000 From 505-0000-39-1300 to 505-
4310-54-1400
64
Water/Sewer Budget Adjustment Request – Clarifier - Budget Amendment - $600,000 From 505-0000-39-
1300 to 505-4310-54-1400
Clarifier
The existing 65-foot diameter clarifier is 20 years old and beyond its useful life. Last week the worm box
which runs the gears broke again and bent the drive shaft of the clarifier. With this clarifier going down
we lost 50 percent of the capacity of the plant. We can handle the current influent flows, but once the
tourist season starts we will need both clarifiers in operations to keep within permit limits.
The purpose of the clarifier is to remove solids from the influent flows to the wastewater treatment
plant. That’s the first of many steps in treating wastewater. The concentrated solids (sludge) are
discharged from the bottom of the tank. The particles that float to the surface of the liquid are called
scum.
By removing solids you produce a cleaner effluent and concentrate solids. The concentration of solids
removed from the wastewater reduces the volume of sludge for dewatering and disposal.
We are proposing to replace the clarifier with a new Walker Process Clarifier to match the other existing
one. This way we only have to stock parts for one manufacturer of clarifiers. We are in the process of
getting quotes to replace the clarifier. In the meantime we will be doing some temporary repairs to get
the existing clarifier up and running.
65
Date Received by Finance:
FINANCE USE ONLY:
Date:Packet No.
Purpose:
Adjusted
Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
SUBTOTAL LINE ITEM DECREASES:-$ xx
Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance
W/S Prior Year Fund Balance 505-00-39-1300 1,749,462.00 1,749,462.00 600,000.00 2,349,462.00
Sewer Infrastructure 505-4310-54-1400 550,000.00 32,927.39 517,072.61 600,000.00 1,117,072.61
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
SUBTOTAL LINE ITEM INCREASES:xx 1,200,000.00$
Net Change -$ 1,200,000.00$
Signature : _____________________________________________ Date __________________
____________________________________
Was the Budget Amendment Request approved by the City Council? YES NO N/A
If yes, please indicate the date approval was given: _____________________________Date:____________________________________
Attach Copy of Agenda Item and minutes from the City Council Meeting
Approved by: ___________________________________________ Date: __________________
CITY OF TYBEE ISLAND, GEORGIA
BUDGET LINE ITEM TRANSFER REQUEST FORM
W/S
9/30/2019
Department
Submitted By:
Add funds to Sewer Infrastructure from W/S Fund balance to
cover new clarifier.
Budget Adjustment
Requested
LINE ITEM DECREASES
BA Ref No.
LINE ITEM INCREASES
Signature of Finance Employee who Processed the Request:
66
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. Purchase parts to install into the existing clarifier that is currently non-
operational. Budget Adjustment from various accounts to Line Items 505-4310-52-2205
and 505-4310-52-1310
67
68
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:
21. Public Education and Government Channel Upgrade - For Approval - Purchased From
100-1535-52-1300 and 100-1535-53-1600. $25,000
69
70
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:
23. Debris Removal Standby RFP
71
REQUEST FOR PROPOSAL
RFP NO. 2019-747
STANDBY CONTRACT FOR DISASTER DEBRIS RECOVERY SERVICES
FOR THE COLLECTION, TRANSPORT, DISPOSAL AND REDUCTION OF WHITE GOODS,
HOUSEHOLD HAZARDOUS WASTE, ELECTRONIC WASTE, HAZARDOUS WASTE
MATERIALS, VEGETATIVE DEBRIS, AND CONSTRUCTION/ DEMOLITION DEBRIS,
INFECTIOUS WASTE, SOIL, MUD & SAND. THIS TO INCLUDE HAZARDOUS LEANING TREES
AND TREE STUMP RECOVERY SERVICES (EXTRACTION, GRINDING, OR FLUSH CUT
HAZARDOUS TREES/TREE STUMPS AND BRACING OR STRAIGHTENING TREES FROM
SPECIFICALLY AUTHORIZED PROPERTIES, PUBLIC AREAS AND PUBLIC RIGHT OF-WAYS
PROPOSAL DUE: WEDNESDAY, JANUARY 8, 2020 by 2:00pm
PRE-PROPOSAL MEETING: THURSDAY, DECEMBER 5, 2019 at 11:00am
CITY OF TYBEE ISLAND, GEORGIA
JASON BUELTERMAN, MAYOR
BARRY BROWN, MAYOR PRO TEM MICHAEL HOSTI
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, and are required
to be submitted with the Proposal. It is the responsibility of the Proposer to read, complete and
sign, where indicated, and return these documents with the Proposal. FAILURE TO DO SO
MAY BE CAUSE FOR DISQUALIFICATION OF THE PROPOSER
INTRODUCTION
INSTRUCTIONS TO PROPOSERS
GENERAL INFORMATION
SCOPE OF WORK
SURETY AND BOND REQUIREMENTS
ATTACHMENTS:
A: DRUG FREE WORKPLACE CERTIFICATION
B. NONDISCRIMINATION STATEMENT
C. DISCLOSURE OF RESPONSIBILITY STATEMENT
D. CONTRACTOR AFFIDAVIT
E. SUBCONTRACTOR AFFIDAVIT
F. IMMIGRATION& SECURITY FORM – CONTRACTOR AFFIDAVIT
G. DEBARMENT FORM
H. MINORITY BUSINESS REPORT
I. LOBBYING AFFIDAVIT
72
J. BYRD ANTI-LOBBYING AMENDMENT COMPLIANCE CERTIFICATION
K. VENDOR INFORMATION
L. SIGNATURE SHEET
M. PROPOSAL SHEET
N. RFP CHECKLIST
INTRODUCTION
Date: 8-28-18
This is a request for proposals to supply the City of Tybee Island, Georgia with services as
indicated herein.
Sealed proposals must be received by 2:00pm local time, on Wednesday, January 8, 2020.
The City of Tybee Island reserves the right to reject any or all proposals.
A pre-proposal meeting will be held on Thursday, December 5, at 11:00am in the City Hall
auditorium (403 Butler Ave, Tybee Island). Interested vendors are encouraged to attend, as
they will have the opportunity to discuss specifications, visit the site, and ask questions.
The purpose of this document is to provide general and specific information for use in submitting
a proposal 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.
Proposers must carefully review all provisions of, and attachments to, this document prior to
submission. Each proposal constitutes an offer and cannot be withdrawn except as provided herein.
This RFP and any attachments, plans, and/or other related documents can be found on the City’s
website at https://www.cityoftybee.org/Bids.aspx. It is incumbent upon the proposer to check the
website for additional information and/or addendums.
The City of Tybee Island is soliciting competitive proposals from qualified companies to provide
Disaster Recovery Services on a standby basis for specific disaster related damage debris located
on the City of Tybee Island’s streets, roads, public property, public area and public right-of-ways.
In the event of an officially declared disaster, the City of Tybee Island will be seeking
reimbursement from the Federal Emergency Management Agency (FEMA) for having a contractor
provide these services. Therefore, the contractor shall follow FEMA guidelines as outlined in the
January 2016 FEMA 322 Public Assistance Guide. 2010 FEMA 327 Public Assistance Debris
Monitoring Guide, and FEMA 325 Public Assistance Debris Management Guide. The Contractor
must also have an established management team, an established network of resources to provide
the necessary equipment and personnel, comprehensive debris removal and volume reduction
operations plans, and demonstrable experience in major disaster recovery projects.
The Contractor must be duly licensed to perform the work in accordance with the State of Georgia
code requirements. The Contractor shall obtain all permits necessary to complete the work.
The Contractor must be knowledgeable on the rules and regulations governing the transport of
heavy equipment and oversized loads across state boundaries. An emergency situation in the City
does not assure any waiver of regulations or assistance in expediting equipment transportation by
other states.
Debris removal will be limited to debris in, upon, or brought to streets, roads, rights-of-way, City
properties and facilities, and other public sites. The Contractor shall not enter onto private property
during the performance of this contract unless specifically authorized by the City in writing. The
Contractor will be responsible for determining the method and manner of debris removal and
lawful disposal of all debris and debris-reduction by-products generated at all Debris Management
73
Sites (DMS), formally known as Temporary Debris Staging and Reduction Sites (TDSRS). For
purposes of the contract, the terms DMS and temporary debris management site will be considered
to be synonymous.
The Contractor shall assign and provide an operations manager to serve as the principal liaison
between the City debris manager and the Contractor’s forces. The assigned operations manager
must be knowledgeable of all facts of the Contractor’s operations and have authority in writing to
commit the Contractor. The operations manager will participate in daily meetings and disaster
exercises, functioning as a source to provide essential element information. The operations
manager will report to the City Public Works Director/debris manager. The operations manager
will be required to be physically capable of responding to the City debris manager within one hour
of notification.
The Contractor shall be responsible for control of pedestrian and vehicular traffic in work areas.
The Contractor shall supervise and direct the work, using skilled labor and proper equipment for
all tasks. Safety of the Contractor’s personnel and equipment is the responsibility of the Contractor.
The Contractor(s) shall take all reasonable steps to insure safety for both workers and visitors to
the DMS and debris collection sites. Safety at these sites includes traffic control such as traffic
cones and flag personnel. The Contractor(s) will also be solely responsible to ensure that all OSHA
requirements are met and a safety officer is assigned to the project for the duration of this
contract. Additionally, the Contractor shall pay for all materials, personnel, and fees necessary to
perform under the terms of the contract.
Method of Award: If the City of Tybee Island awards a contract as a result of this RFP, it will be
awarded to the responsible proposer deemed able to provide the best value for the City. The award
will take into account price among other factors as specified in this RFP. The City reserves the
right to select the proposer which best meets the City’s goals and objectives, needs, budget
constraints, and quality levels, as well as its educational and service level expectations. The City
reserves the right to award a contract to one or multiple vendors.
Signature of proposer indicates understanding and intended compliance with the terms of this
request, the requirements herein, and any subsequent award or contract. All specifications,
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 proposer, in whole or in part, for any costs associated with preparation, submission, or
presentation of proposals.
Instructions for preparation and submission of a proposal are contained in this RFP package. Please
note that specific forms for submission of a proposal are required.
The 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. The City
seeks to ensure that all segments of the business community have access to supplying the goods
and services needed by the City. The City 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.
The City of Tybee Island is seeking a proposal package for service or 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 proposers will become the
74
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 proposal does not
affect this right.
1. INSTRUCTIONS TO PROPOSERS
1.1 How to Prepare Proposals:
All Proposals must be:
a. Prepared on the forms enclosed herewith, unless otherwise prescribed, and all
documents must be submitted.
b. Proposals must be signed by the business owner or authorized representative, with all
erasures or corrections initialed and dated by the official si gning the Proposal. ALL
SIGNATURE SPACES MUST BE SIGNED.
c. Provide no more than a two (2) page letter of introduction. The letter should highlight
or summarize whatever information you deem appropriate as a cover letter, as a
minimum, this section should include the name, address, telephone number and fax
number of one (1) contact to whom any correspondence should be directed. Include
a clear statement of the Proposer’s understanding of this RFP and the contract
requirements, and how the Proposer intends to meet the RFP requirements.
1.2 How to Submit Proposals:
One original, and one electronic copy (usb drive) must be submitted in a sealed opaque
envelope, plainly marked with the RFP number and title, and proposer’s company name,
to the office of the address below prior to the time specified. Include your proposal, and all
required attachments, which can be found at the end of this document.
Include all requested documents, including required proposal bond, in
addition to a W-9.
City/County Occupational Tax Certificate Requirement: Contractor must
supply a copy of their Occupational Tax Certificate as proof of payment of the
occupational tax where their office is located. In addition, if a contract is
awarded, contractors that are not located on Tybee Island are required to
obtain a Tybee Island contractor registration. Contact Sharon Shaver for
additional information, at 912-472-5072, or in person at Tybee Island City Hall
403 Butler Ave, Tybee Island, Ga
Include at least three (3) references documenting your experience with similar
projects. 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, submit a written and/or
photographic description of how these projects relate to this RFP.
All Proposals must be hand delivered, mailed, or sent by courier in sufficient
time to ensure receipt by the Purchasing Agent on or before the time and date
specified above. Include RFP #2019-747 on front of envelope.
Courier or hand deliver response package to:
75
MELISSA FREEMAN
TYBEE ISLAND CITY HALL
403 BUTLER AVE
TYBEE ISLAND, GA. 31328
Proposals may be submitted via US Mail, but proposers choosing this method
should allow at least an additional 24 hours for delivery:
MELISSA FREEMAN
CITY OF TYBEE ISLAND
PO BOX 2749
TYBEE ISLAND, GA. 31328
FAXED OR E-MAILED COPIES WILL NOT BE CONSIDERED. PROPOSALS
NOT RECEIVED BY THE TIME AND DATE SPECIFIED WILL NOT BE
OPENED.
1.3 How to Submit an Objection:
Potential proposers must present any written objection to this RFP at least seven (7) days
prior to the proposal due date. The objections contemplated may pertain to form and/or
substance of the RFP documents. Objections must be made in writing to the Purchasing
agent, Melissa Freeman mfreeman@cityoftybee.org. Email subject line: Objection to RFP
#2019-747.
1.4 Errors in RFP responses:
Proposers are expected to fully inform themselves as to the conditions, requirements, and
specifications of this RFP before submitting a proposal. Failure to do so will be at the
Proposer's own risk. In case of error in extension of prices in the proposal, the unit price
will govern.
1.5 Questions concerning RFP:
Questions, inquiries, suggestions, or requests concerning interpretation, clarification or
additional information concerning any portion of this RFP must be made by email, sent to
the below named individual, who will be the official point of contact for this RFP.
Questions must be submitted at least seven days before the proposal due date. All questions
will be answered through an issued addendum, posted to the City website.
Mark subject line on e-mail “Questions on RFP 2019-747, Disaster Debris Removal.”
POINT OF CONTACT:
Melissa Freeman
mfreeman@cityoftybee.org
Failure of a Proposer to ask questions, request changes, or submit objections by the dates
indicated above shall constitute the Proposer's acceptance of all of the terms, conditions
and requirements set forth in this RFP.
1.6 Addendums to RFP:
76
Any changes to the conditions or specifications in this RFP must be in the form of a written
addendum to be valid. If the City of Tybee Island issues an addendum to this RFP, it will
be posted by the Purchasing Agent on the City’s website.
https://www.cityoftybee.org/Bids.aspx
The issuance of a written addendum by the Purchasing Agent is the only official method
by which interpretation, clarification or additional information will be given. The City of
Tybee Island will not be responsible for any oral representation given by any employee,
representative or others.
Proposer must acknowledge each addendum in the response. It is solely your
responsibility as a proposer to ensure that you have received all addenda and
incorporated the changes into your response before submission. Unless otherwise
specified in an addendum, the due date and time remains as listed above.
2 GENERAL INFORMATION
2.1 Specifications: Any obvious error or omission in specifications will not inure to the
benefit of the proposer but will put the proposer on notice to inquire of or identify the
same from the City of Tybee Island. Whenever herein mention 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., will be construed to be the minimum requirements of these
specifications. Changes in the scope of services, specifications, or terms and conditions of
the RFP will be made in writing by the City prior to the proposal opening or due date.
Results of informal meetings or discussions between a potential responder and a City
official or employee may not be used as a basis for deviations from the requirements
contained in this solicitation.
2.2 Contract Commitment: This RFP does not commit the City of Tybee Island to award a
contract, to issue a purchase order, or to pay any costs incurred in the preparation of a
proposal in response to this request.
2.3 Standards for Acceptance of Proposal 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. This RFP does not commit the City of Tybee
Island to issue a purchase order, award a contract, or to pay any costs incurred in the
preparation of a proposal in response to this request.
2.4 Proposal for All or Part: The City of Tybee Island reserves the right to make an award
on all items, or on any of the items, according to the best interest of the City. Proposer
may restrict his proposal to consideration in the aggregate by so stating, but must name a
unit price per ton based on actual weight measurements records on each item.
2.5 Proposer: Whenever the term "proposer" is used it will 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.
77
2.6 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.
2.7 Compliance with Laws: The proposer will 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 will be supplementary to this section and not in
substitution thereof.
2.8 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.
2.9 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).
2.10 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 can hire only
persons who can 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 any hiree, which includes completing the Employment
Eligibility Verification Form (I-9). The Contractor will 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.
78
2.11 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.
2.12 Prices to be Firm: Proposer warrants that proposal prices, terms and conditions quoted
in the proposal will be firm for acceptance for a period of sixty (60) days from proposal
opening date, unless otherwise stated in the RFP.
2.13 Completeness: All information required by the RFP must be completed and submitted to
constitute a proper proposal.
2.14 Quality: All materials or supplies used for, or the workmanship employed in, any
construction necessary to comply with this RFP, will be of the best quality, and adhere to
the highest industry standards.
2.15 Guarantee/Warranty: Unless otherwise specified by the City of Tybee Island, the
Proposer will unconditionally guarantee the materials and workmanship for one (1) year
from completion of the project or delivery of goods. If, within the guarantee period, any
defects occur which are due to faulty material and or services, the contractor, at his
expense, will repair or adjust the condition, or replace the material, to comply with the
contract requirements and applicable standards thereof. These repairs, replacements or
adjustments will 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.
2.16 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
Proposal as requested by the City, the proposer will 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 will 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.
2.17 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) will 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.
2.18 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
79
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.
2.19 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.
The City 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. The City
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.
2.20 Insurance Provisions, General: The selected proposer to whom the contract is awarded
will 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 must be included in the proposal.
a. General Information that must 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 is 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 (Must include the City of Tybee Island as a certificate
holder and an additional insured).
THE INSURANCE CERTIFICATE IS TO IDENTIFY THE CITY OF TYBEE
ISLAND AS A CERTIFICATE HOLDER AND AS AN ADDITIONAL
INSURED FOR GENERAL, AUTO, UMBRELLA, AND EXCESS LIABILITY
COVERAGES.
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.
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.
80
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 must be written on an Any Auto basis.
THE INSURANCE REQUIREMENTS AND LIMITS STATED HEREIN MAY
BE SATISFIED BY A COMBINATION OF PRIMARY, UMBRELLA &/OR
EXCESS COVERAGES.
c. Special Requirements:
i. Extended Reporting Periods: The Contractor must 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 will not affect coverage provided in relation to this request.
iii. Cancellation: Each insurance policy that applies to this request must be
endorsed to state that it will 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 must 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 will 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 will 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 will procure
a bond guaranteeing payment of related suits, losses, claims, and related
investigation, claim administration and defense expenses.
2.21 Compliance with Specification - Terms and Conditions: The RFP, Legal
Advertisement, General Conditions and Instructions to Proposers, Specifications, Special
Conditions, Addendum, and/or any other pertinent documents form a part of the Proposal
and by reference are made a part hereof.
2.22 Signed Proposal Considered Offer: The signed Proposal will be considered a binding
offer on the part of the Proposer, which offer will be deemed accepted upon approval by
81
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, the City
of Tybee Island may take such action as it deems appropriate, including legal action, for
damages or lack of required performance.
2.23 Notice to Proceed: The successful proposer must 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. If the successful Proposer does commence any work or deliver
items prior to receiving official notification, he does so at his own risk.
2.24 Protest Policy: Any proposer who is aggrieved in connection with the award of a contract
may file a protest with the Purchasing Agent. The protest must be submitted no later than
48 hours prior to the date the award recommendation is scheduled to be approved by City
Council. Recommendations to Council are usually posted on the preliminary agenda on
the City's website on the Thursday prior to the Council meeting date. It is the proposer's
responsibility to ascertain the City's recommendation for award. Protests must be made in
writing to the Purchasing agent, Melissa Freeman at mfreeman@cityoftybee.org, with the
subject line Protest: RFP #2019-747, and must include the following information:
a. Name, address, email address, and telephone numbers of the protester;
b. RFP number;
c. Detailed statement of the legal and factual grounds for the protest, including a
description of resulting harm to the protester;
d. Copies of supporting documents, if any;
e. Statement of relief requested;
f. All information establishing that the protester is an interested party for the purpose
of filing a protest on an award decision;
g. All information establishing the timeliness of the protest.
2.25 Payment to Contractors: Instructions for invoicing the City of Tybee Island for products
delivered to the City 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.
2.26 City’s Rights Concerning Award: The City reserves the right, and sole and complete
discretion to waive technicalities and informalities. The City further reserves the right, and
82
sole and complete discretion to reject all proposals, and any proposal 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 City in its sole discretion. In judging whether the Proposer is
responsible, the City 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
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.
2.27 City’s Right to Negotiate with the Lowest Proposer: In the event that all responsive
and responsible Proposals are in excess of the budget, the City, in its sole and absolute
discretion, and in addition to the rights set forth above, reserves the right either to (i)
supplement the budget with additional funds to permit award to the lowest responsive and
responsible Proposal, or (ii) to negotiate with the lowest responsive and responsible
Proposer (after taking all deductive alternates) only for the purpose of making changes to
the Project that will result in a cost to the Owner that is within the budget, as it may be
amended.
2.28 Debarred or Suspended Subcontractors: Contractor will not subcontract, and will
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
will 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.
2.29 Debarred Firms, Indictments and Pending Litigations: Any potential proposer/firm
listed on Federal, State of Georgia or any government entity, Excluded Parties Listing
(Barred from doing business) will not be considered for contract award. Proposers shall
disclose any record of pending criminal violations not not(Indictment) and/or convictions,
pending lawsuits, etc., and any actions that may be a conflict of interest occurring within
the last five (5) years. Any proposer/firm previously defaulting or terminating a contract
with the City will be not considered.
All responders or proposers are to read and complete the Disclosure of
Responsibility Statement enclosed as an Attachment to be returned with response.
Failure to do so may result in your solicitation response being rejected as non -
responsive.
Proposers acknowledge that in performing contract for the City, responder shall not utilize
any firms that have been a party of any of the above actions. If proposer has engaged any
83
firm to work on this contract or project that is later debarred, proposer shall sever its
relationship with that firm with respect to City’s contract.
2.30 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 will cause render your proposal invalid.
In order to conduct this procurement transaction in manner that provides full and open
competition and meet the Federal Uniform Guidance Requirements to ensures objective
contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statement of work, or invitation for bids or
request for proposal must be excluded from competing for this contract.
2.31 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, will 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 contain trade secrets or other confidential matters. A Proposer submitting records
which the entity or person believes contains trade secrets and that it wishes to keep such
records confidential pursuant to O.C.G.A. § 50-19-72(34) will 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. See also, section 2.27.
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.
City of Tybee Island will 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.
2.32 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.
2.33 Contractor Records Retention -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 which have been
completed or closed for up three (3) years following completion. In addition, specifically
for this contract that involves Federal funding, the contractor must comply the Federal
procurement standards, Federal Uniform Guidance Requirements Section 200.333,
Retention Requirements. This includes records for all financial records, supporting
documentations, statistical records, analysis records, and all other records associated with
this contract pertinent to Federal award must be maintained for a period of three (3) years
84
from the date of the City of Tybee Island’s final expenditures report is submitted to the
funding agency for reimbursement.
2.34 Method of Compensation: The compensation provided for herein will 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 will be paid
to the contractor after receipt of the invoice and approval of the amount by the City of
Tybee Island. The City will 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.
When the City issues a Notice-to-Proceed to the Contractor, the City and contractor shall
determine the positions and number of persons required to adequately provide the service.
The City shall review contractor’s staffing level as necessary and direct contractor to adjust
personnel accordingly. The City may perform on-site inspections to verify staffing needs.
During this period, the contractor will provide weekly updates on the services and estimate
the time remaining for job completion.
The payment will be based on negotiated pricing depending upon each task performed by
the contractor. Refer to section 12.0 Pricing and Payment for the format of the contractor’s
fee proposal. The City may verify work being performed.
Billings shall be submitted once monthly, in order provide the City staff time to review
supporting documents pertaining to the requested payment period. Invoices must be
submitted within 10 days of completion of physical work.
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 will 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 will be submitted each month
until the Project is completed. Invoices will 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 will 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 will 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 contract
amount within a time period satisfactory to the City of Tybee Island, then the total amount
85
to be retained will 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 will 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 remaining
retainage upon City’s acceptance of the Certificate of Substantial Completion. Final
payment constituting the entire unpaid balance due will be paid by the City 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 will constitute a waiver of all claims by the City 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 as unsettled at the time of final application for payment.
Acceptance of final payment will 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.
2.35 Audits and Inspections: The contractor and his subcontractors will make available to the
City of Tybee Island for examination of all its records with respect to all matters covered
by this Contract. It will 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 will be available for
inspection between 8am and 5pm in the main offices of the City of Tybee Island or during
normal business hours at the offices of the Contractor, as requested by the City of T ybee
Island.
2.36 Proposal Surety: Each proposal must be accompanied by a Proposal/Bid Bond, issued by
a surety company licensed to do business under the laws of the State of Georgia, and
satisfactory to the City of Tybee Island in the amount of five percent (5%) of the total
contract amount to ensure the Contractor’s satisfactory performance. Proposer will forfeit
this amount should it be offered a contract by the City and refuse or fail to promptly enter
into such contract.
2.37 Performance and Payment Bonds:
a. Prior to the Agreement being signed, the Contractor shall furnish to the City of
Tybee Island a Performance Bond issued by a surety company licensed to do
business under the laws of the State of Georgia and satisfactory to the City of Tybee
Island in the amount of one-hundred-percent (100%) of the total contract amount
to ensure the Contractor’s satisfactory performance.
b. Also prior to the Agreement being signed, the Contractor shall furnish to the City
of Tybee Island a Payment Bond issued by a surety comp any licensed to do
business under the laws of the State of Georgia and satisfactory to the City of Tybee
Island in the amount of one-hundred-percent (100%) of the total contract amount
to ensure the Contractor’s satisfactory payment of subcontractors and m aterial
suppliers.
86
c. The Contractor shall be solely responsible for keeping the surety informed as to
the total contract price, significant changes in project scope, and overall progress
and completion of project for the entire life of the contract.
d. If the surety on the bonds furnished by the Contractor is declared bankrupt or
becomes insolvent, or it’s right to do business in the State of Georgia is terminated,
the Contractor shall within five (5) calendar days thereafter substitute other bonds
and surety acceptable to the City of Tybee Island. If the Contractor does not furnish
the replacement bonds to the City of Tybee Island within the five (5) days, the City
of Tybee Island may consider the Contractor in material breach of contract and
take appropriate actions.
2.38 Vendor Performance Evaluation: The City Council reserves the right to perform Vendor
Performance Evaluation, as minimum, annually, prior to the contract anniversary dates.
Should vendor performance be unsatisfactory, the appoint City Project Manager(s) for the
contract may prepare a Vendor Compliant Form or a Performance Evaluation to the
Finance Department.
2.39 Byrd Anti-Lobby Amendment: All proposals that exceed $100,000 are required to sign
an anti-lobbying certification letter to comply with the Byrd Anti-Lobbying Amendment
(31 U.S.C. 1352). This certification applies to contractors subcontractors based on a tiered
system. The requires that each tier certifies to the tier above that, it will not and has not
used Federal appropriated funds to pay any person or organization for influencing, or
attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures must be forwarded from
tier to tier up to the City of Tybee Island.
a. If any litigation, claim, or audit has started before the expiration of the 3-year period,
the records must be retained until all litigation, claims, or audit findings involving the
records have been resolved and final action taken.
b. When the City of Tybee Island is notified in writing by the Federal awarding agency,
cognizant agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
c. When records are transferred to or maintained by the Federal awarding agency or
pass-through entity, the 3-year retention requirement is not applicable to the non-
Federal entity.
2.40 Contract Work Hours and Safety Standards Act: All proposals that exceed $100,000
that involves the employment of laborers must comply with the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701-3708). Each contractor must be required to compute
the wages of every laborer based upon a standard workweek of 40 hours. Work in excess
of the standard workweek is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours worked in excess of
40 hours in the work week. In addition, no laborer must be required to work in
surroundings or under working conditions which are unsanitary or dangerous.
2.41 Clean Air Act and Water Pollution Control Act: All proposals that exceed $150,000
must comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
87
amended (33 U.S.C. 1251-1387). The City must report all violations to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
2.42 Pending Litigation: Proposals will not be accepted from any company, firm, person,
party, or parent subsidiary, against which the City of Tybee Island has an outstanding
claim, or a financial dispute relating to prior contract performance. If the City, at any time,
discovers such a dispute during any point of evaluation, the proposal will not be
considered further.
2.43 Recovered Materials (C.F.R.Part 200, Appendix II, 1JK;2 C.F.R. 200.322;Chapter
V,1J7). In the performance of the contract resulting from this solicitation, the contractor
shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired- (i) Competitively within a
timeframe providing for compliance with the contract performance schedule; (ii) Meeting
contract performance requirements; or (iii) At a reasonable price.
2.44 DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests,
or reproductions of flags or likenesses of DHS agency officials without specific FEMA
pre-approval.
2.45 Compliance with Federal Law, Regulations, and Executive Orders: This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply with all applicable federal law, regulations, executive orders,
FEMA policies, procedures, and directives.
2.46 No Obligation by Federal Government: The Federal Government is not a party to the
contract resulting from this solicitation and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any matter resulting
from the contract.
2.47 Program Fraud and False or Fraudulent Statements or Related Acts: The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contractor’s actions pertaining to the contract resulting from
this solicitation.
3 SCOPE OF WORK - DISASTER DEBRIS RECOVERY SERVICES FOR THE COLLECTION,
TRANSPORT, DISPOSAL AND REDUCTION OF WHITE GOODS, HOUSEHOLD
HAZARDDOUS WASTE, ELECTRONIC WASTE, HAZARDOUS WASTE MATERIALS,
VEGETATIVE DEBRIS, AND CONSTRUCTION/ DEMOLITION DEBRIS, INFECTIOUS
WASTE, SOIL, MUD & SAND
The successful Proposer at a minimum shall do, perform and carry out the services as follows
in a satisfactory and proper manner and in conformance with the standard practices and
procedures of its profession.
3.1 Specific responsibilities include, but are not limited to:
Task 1: Debris removal from public property, public areas and public road right-of-
ways, load and haul.
Task 2: Temporary staging, reduction, and transportation of debris for disposal,
including DMS Site remediation.
88
Task 3: Hazardous waste abatement
Task 4: Sand screening
Task 5: Removal, hauling and disposal of white goods
Task 6: Removal, hauling and disposal of Electronic Waste (E-Waste)
Task 7: Removal, hauling and disposal of Putrescent Waste
The specifications that follow apply to all of the City of Tybee Island’s improved public
property, improved public areas and public right-of ways. The “hauler” contractor shall be
responsible for the collection, transport and disposal of the following category of disaster
damaged debris from City public property, public areas and public right-of-ways:
CATEGORY TYPE OF DIASTER DAMAGED DEBRIS FOR THIS
CONTRACT
LIST OF DIASTER DAMAGE DEBRIS FOR THIS CATEGORY
WHICH IS NOT ALL INCLUSIVE
White Goods Disaster Debris For purposes of this contract "White Goods Disaster Debris" is discard
disaster damaged household appliances that contain ozone-depleting
refrigerants, mercury or oil compressors oils such as the following:
Refrigerators
Freezers
Air Conditioners
Heat pumps
Ovens
Ranges
Washing machines and dryers
Water heaters
Infectious Disaster Debris Waste Infectious Disaster Debris is waste capable of causing infections in
humans and can include the following:
Animal waste
Human blood
Blood products
Medical waste
Pathological waste
Discarded sharp objects (needles, scalpels or broken medical equipment
Chemical and Biological Disaster Damaged Debris Waste This includes chemical and biological contaminated debris is any debris
contaminated by chemicals and biological materials that is man-made in
nature.
89
CATEGORY TYPE OF DISASTER DAMAGED DEBRIS FOR
THIS CONTRACT
LIST OF DISASTER DAMAGE DEBRIS FOR THIS CATEGORY
WHICH IS NOT ALL INCLUSIVE
Construction & Demolition Disaster Debris For the purpose of this contract "Construction and Demolition Disaster
Debris" examples may include components of buildings and structures
and some of the following:
Lumber and wood
gypsum wall board
glass
Metal
roofing material
Tile
Carpeting and other flooring coverings
Window coverings
Pipe
Concrete
Asphalt
Equipment
Furnishings and fixtures
Hazardous Waste Disaster Debris "Hazardous Waste Disaster Debris" may waste that appears on one of
the four hazardous waste lists in Title 40 of the Code of Federal
Regulations (CFR) Part 261 or exhibits at least one of the following four
characteristic:
Ignitability
Corrosivity
Reactivity
Toxicity
This type of waste is regulated under the Resources Conservation and
Recovery ACT (RCRA) and contain properties that make it potentially
harmful to human health or the environment.
Vegetative Disaster Debris For the purpose of this contract "Vegetative Disaster Debris" may
include the following:
Tree limbs
Tree branches
Trees Leaning and hanging
Tree stumps with 50% or greater of the root exposed
Trees still in place but damaged to the extent they pose an immediate
threat
Other Leafy materials
Household Hazardous Waste Disaster Debris For the purpose of this contract "Household Hazardous Waste(HHW)
Disaster Debris" is a hazardous product or material used and disposed of
by residential consumers, rather than commercial consumers.
When HHW mixes went other debris types will contaminate the entire
load, which necessitates special disposal methods. Some this items
include the following:
Some paints
Some stains
Varnishes
Solvents
Pesticides
Other material containing volatile chemicals that catch fire, react or
explode under certain circumstances or that are corrosive or toxic.
When HHW mixes went other debris types will contaminate the entire
load, which necessitates special disposal methods.
Electronic Waste Disaster Debris For purpose of this contract "Electronic Waste Disaster Debris"
includes electronics that contain hazardous materials that require
specific deposal methods. Some of these items include the following:
Computer monitors
TV's
Cell Phones
Batteries
Soil, Mud and Sand Disaster Debris Floods, winds and storm surge often deposit soil, mud and sand on
improved public property and public rights-of ways. For purposes of
this contract the areas effected by the "Soil, Mud, and Sand Disaster
Debris" includes the following:
Streets
Sidewalks
Storm sanitary sewers
Water treatment facilities
Drainage canals and basins
Parks
The construction & demolition debris must be a result of an officially declared disaster. The
contractor should not pickup, transport or dispose of any construction or demolition debris for new
90
construction work. Certain construction & demolition debris is usable or recyclable. To conserve
landfill space, it is prudent that the hauler contractor separate material for reuse or recycle.
The hauler contractor should have knowledge of how to handle hazardous waste debris as it
contains properties that are harmful to humans and the environment. Hazardous waste is regulated
under RCRA. The hauler contractor must ensure that certified hazardous waste technicians should
handle, capture, recycle, reuse and dispose of hazardous waste.
Many white goods contain ozone-depleting refrigerants, mercury, or compressor oils. The hauler
contractor must comply with the Clean Air Act when handling white goods debris. The Clean Air
Act prohibits the release of refrigerants into the atmosphere, and requires that certified technicians
extract compressors oils before disposing of or recycling white goods. The haule r contract must
adhere to all Federal, State and local requirements concerning ozone-depleting refrigerants,
mercury or oils. In addition, the a hauler contract must document how white goods are disposed
of in addition to ensure that white good disaster debris is staged separately for other types of
disaster debris to avoid contamination.
The hauler contractor must ensure that the disposal of putrescent debris is in compliance with
Federal, State and local laws. The NRCA has specific guidelines for disposal of animal carcasses.
Infectious waste debris is capable of causing infections in humans, including animals waste, human
blood and blood products, etc. The hauler contractor must take caution when coming in contact
with this type of debris. Clearance, removal, and disposal of infectious waste may be the authority
of another Federal agency; therefore, the hauler contractor must notify the City’s Project Manager
when infection waste is identified to ensure that agreed upon procedures are followed depending
upon the type of infection waste debris.
The hauler contractor shall be responsible for assembling and directing a workforce that can
complete all debris management tasks by the deadline of this contract.
The Contractor shall be responsible for correcting any notices of violations issued as a result of
the Contractor’s or any subcontractor’s actions or operations during the performance of the
contract. Corrections for any such violations shall be at no additional cost to the City and/or the
authorized agencies.
The Contractor shall ensure that wherever non-English speaking crews are utilized, at least one
crew supervisor must be fluent in English.
The Contractor shall conduct the work so as not to interfere with the disaster response and recovery
activities of federal, state or local governments or agencies, or of any public utilities or other
private Contractor.
Contractor must be able to mobilize management staff and field crews
The contractor shall work with the City’s contracted debris recover monitoring service to identify
eligible debris damaged debris.
One of FEMA requirements is for the City to have monitoring service observe and document the
procedures of hired “hauler” contractors who are responsible for disaster debris recovery efforts
of debris from public property, public areas and public right-of –ways. The monitoring service will
ensure that the City’s hired disaster damaged recovery contractors only recovery disaster damaged
debris that is eligible for reimbursement by FEMA and that is covered under the individual
contractors contract. The selected “hauler” contractor will work coordinate work the City’s hired
monitoring service contractor to ensure that the monitoring service is aware your daily work
91
schedules. The monitoring service will complete load tickets that documents the following for each
group of items collected by the “hauler” contractors:
Using load tickers, keep a detailed list of items recovered;
Document location of where the items were recovered;
Estimate the weight of the original items collected;
Track the name of the company and employee who collected the collected the items;
Document whether or not the items recovered by the hauler contractor were eligible under
the hauler’s contract;
Document whether or not the items recovered are eligible under FEMA reimbursement
guidelines;
Document if the recovered items are hazardous and require special handling;
Document if hazardous items are staged separately for other non-similar disaster debris;
Document if the hauler followed the proper procedures to disposed of the hazardous
disaster debris;
Document the methods used by the hauler contractor to reduce the volume of the disaster
debris prior to disposal into the landfill;
Document the disposal method for all disaster debris collected by the hauler contractor;;
and
Reconciled the disaster debris load tickers to the haulers invoices for accuracy prior to the
City paying the haulers invoices.
3.2 Debris Management
Debris management operations is a function of the Public Works Department; this department
will assist with directing the debris removal and disposal operations.
The general concept of debris removal operations includes multiple, scheduled passes of each site,
location, or right-of-way. This will allow residents to return to their properties and bring debris to
the right-of-way as recovery progresses. With assistance and recommendations from the
Contractor, the City will direct the specific schedule to be used after ascertaining the scope and
schedule for debris removal and will be consistent with the description of critical facilities and
route clearing priorities based on as assessment of the disaster.
The City will employ a Debris Monitor to oversee, audit and regulate debris management
operations to insure compliance with FEMA requirements, rules and regulations.
The contractor shall work with the City’s contracted debris recover monitoring service to identify
eligible debris damaged debris.
One of FEMA requirements is for the City to have monitoring service observe and document the
procedures of hired “hauler” contractors who are responsible for recovery efforts of disaster
damage debris from public property, public areas and public right-of –ways. The monitoring
service will ensure that the Cit y’s hired disaster damaged recovery contractors only recovery
disaster damaged debris that is eligible for reimbursement by FEMA and that is covered under the
individual contractors contract. The selected “hauler” contractor will work coordinate work the
City’s hired monitoring service contractor to ensure that the monitoring service is aware your daily
work schedules. The monitoring service will complete load tickets that documents the following
for each group of items collected by the “hauler” contractors:
Using load tickers, keep a detailed list of items recovered;
Document location of where the items were recovered;
Estimate the weight of the original items collected;
92
�� T r a c k t h e n a m e o f t h e c o m p a n y a n d e m p l o y e e w h o c o l l e c t e d t h e c o l l e c t e d t h e i t e m s ;
�� D o c u m e n t w h e t h e r o r n o t t h e i t e m s r e c o v e r e d b y t h e h a u l e r c o n t r a c t o r w e r e e l i g i b l e u n d e r t h e h a u l e r s
c o n t r a c t ;
�� D o c u m e n t w h e t h e r o r n o t t h e i t e m s r e c o v e r e d a r e e l i g i b l e u n d e r F E M A r e i m b u r s e m e n t g u i d e l i n e s ;
�� D o c u m e n t i f t h e r e c o v e r e d i t e m s a r e h a z a r d o u s a n d r e q u i r e s p e c i a l h a n d l i n g ;
�� D o c u m e n t i f h a z a r d o u s i t e m s a r e s t a g e d s e p a r a t e l y f o r o t h e r n o n - s i m i l a r d i s a s t e r d e b r i s ;
�� D o c u m e n t i f t h e h a u l e r f o l l o w e d t h e p r o p e r p r o c e d u r e s t o d i s p o s e o f t h e h a z a r d o u s d i s a s t e r d e b r i s ;
�� D o c u m e n t t h e m e t h o d s u s e d b y t h e h a u l e r c o n t r a c t o r t o r e d u c e t h e b u l k o f t h e d i s a s t e r d e b r i s p r i o r t o d i s p o s a l
i n t o t h e l a n d f i l l ;
�� D o c u m e n t t h e d i s p o s a l m e t h o d f o r a l l d i s a s t e r d e b r i s c o l l e c t e d b y t h e h a u l e r c o n t r a c t o r ; a n d
�� R e c o n c i l e t h e d i s a s t e r d e b r i s l o a d t i c k e r s t o t h e h a u l e r s i n v o i c e s f o r a c c u r a c y p r i o r t o t h e C i t y p a y i n g t h e
h a u l e r s i n v o i c e s .
C u r b s i d e s e g r e g a t i o n o f d e b r i s a n d d i s a s t e r - g e n e r a t e d o r r e l a t e d w a s t e s i s a n e l e m e n t o f t h e C i t y s
d i s a s t e r r e c o v e r y p r o g r a m . T h e d e b r i s r e m o v a l a n d d i s p o s a l C o n t r a c t o r w i l l b e r e q u i r e d t o a i d i n
t h e s e g r e g a t i o n a n d w a s t e s t r e a m m a n a g e m e n t p r o c e s s e s . W a s t e i n c l u d e s t h e f o l l o w i n g c a t e g o r i e s
w i t h r e s p o n s i b i l i t y a s s h o w n :
�� H o u s e h o l d t r a s h c o n t i n u e d r e s p o n s i b i l i t y o f p r i v a t e s o l i d w a s t e r e f u s e h a u l e r , A t l a n t i c W a s t e . N o t i n c l u d e d
i n t h e s c o p e o f t h i s c o n t r a c t u n l e s s o t h e r w i s e m u t u a l l y a g r e e d u n d e r s e p a r a t e a r r a n g e m e n t s .
�� V e g e t a t i v e d i s a s t e r d e b r i s i s n o t i n c l u d e d i n t h e s c o p e o f t h i s c o n t r a c t .
�� C o n s t r u c t i o n a n d d e m o l i t i o n d e b r i s , f u r n i t u r e , f u r n i s h i n g s , a p p l i a n c e s , e t c . s u i t a b l e f o r b e i n g l a n d f i l l e d o r
r e c y c l e d , s t a c k e d b y c u r b o r s h o u l d e r C o n t r a c t o r r e s p o n s i b i l i t y f o r r e m o v a l a n d d i s p o s a l .
�� H o u s e h o l d a n d t o x i c w a s t e ( H T W ) , s e p a r a t e d f r o m a l l o t h e r t y p e s o f w a s t e a n d d e b r i s , p l a c e d a t c u r b o r r o a d
s h o u l d e r C o n t r a c t o r r e s p o n s i b l e f o r r e m o v a l a n d d i s p o s a l .
�� W h i t e G o o d s a r e h o u s e h o l d a p p l i a n c e s s u c h a s r e f r i g e r a t o r s , f r e e z e r s , a i r c o n d i t i o n e r s h e a t p u m p s , o v e n s ,
r a n g e s , w a s h i n g m a c h i n e s , c l o t h e s d r y e r s , a n d w a t e r h e a t e r s . C o n t r a c t o r i s r e s p o n s i b l e f o r r e m o v a l ,
d e c o m m i s s i o n , d e c o n t a m i n a t i o n a n d d i s p o s a l .
�� E l e c t r o n i c w a s t e , e - w a s t e o r e - s c r a p , r e f e r s t o e l e c t r o n i c s t h a t c o n t a i n h a z a r d o u s m a t e r i a l s s u c h a s c a t h o d e
r a y t u b e s i n c l u d i n g c o m p u t e r m o n i t o r s a n d t e l e v i s i o n s - C o n t r a c t o r r e s p o n s i b l e f o r c o l l e c t i o n a n d d i s p o s a l .
�� P u t r e s c e n t d e b r i s i s a n y d e b r i s t h a t w i l l d e c o m p o s e o r r o t , s u c h a s a n i m a l c a r c a s s e s - C o n t r a c t o r r e s p o n s i b l e
f o r c o l l e c t i o n a n d d i s p o s a l .
�� S o i l , m u d , a n d s a n d f r o m i m p r o v e d p u b l i c p r o p e r t y - C o n t r a c t o r r e s p o n s i b l e f o r r e m o v a l , s c r e e n i n g , a n d
d i s p o s a l / r e t u r n t o b e a c h .
C i t i z e n s w i l l b e a d v i s e d t o s e p a r a t e a l l w a s t e a n d d e b r i s , t o t h e e x t e n t p r a c t i c a b l e , i n t o t h e a b o v e
c a t e g o r i e s . F a i l u r e b y t h e c i t i z e n s t o p e r f o r m t h i s s e p a r a t i o n d o e s n o t r e l i e v e t h e C o n t r a c t o r o f
h i s / h e r c u r b s i d e s e p a r a t i o n r e s p o n s i b i l i t i e s , t o t h e e x t e n t p r a c t i c a b l e .
A n y h o u s e h o l d a n d t o x i c w a s t e ( H H W ) e n c o u n t e r e d b y t h e d e b r i s r e m o v a l C o n t r a c t o r i s t o b e k e p t
s e p a r a t e d a s m u c h a s p o s s i b l e i n o r d e r t o e x p e d i t e d i s p o s a l p r o c e s s . C o n t r a c t o r i s t o b e p r o p e r l y
t r a i n e d a n d c e r t i f i e d t o p i c k u p h a n d l e a n d t r a n s p o r t f o r p r o p e r d i s p o s a l a n d i n a c c o r d a n c e w i t h
l o c a l , s t a t e a n d f e d e r a l r e q u i r e m e n t s . T h e f o l l o w i n g i t e m s a r e c o n s i d e r e d H H W f o r t h e p u r p o s e o f
t h e c o n t r a c t :
�� C l e a n i n g p r o d u c t s
�� B a t t e r i e s
�� W o r k s h o p / P a i n t i n g S u p p l i e s
�� A e r o s o l s p r a y c a n
�� I n d o o r P e s t i c i d e s
�� L a w n a n d G a r d e n P r o d u c t s
�� A u t o m o t i v e P r o d u c t s
9 3
�� F l u o r e s c e n t l i g h t b u l b s
�� P r o p a n e t a n k s a n d o t h e r c o m p r e s s e d g a s c y l i n d e r s
�� F l a m m a b l e P r o d u c t s
�� H o m e / O f f i c e E l e c t r o n i c s c o m p u t e r s , T V s , m o n i t o r s , l i t h i u m , a n d
c a d m i u m b a t t e r i e s .
�� R e f r i g e r a t o r s a n d F r e e z e r s
�� O r a n y o t h e r p r o d u c t o r m a t e r i a l n o t s p e c i f i c a l l y m e n t i o n e d t h a t m i g h t
p o s e a t h r e a t t o h u m a n h e a l t h o r t h e e n v i r o n m e n t i f n o t d i s p o s e d o f
p r o p e r l y a n d b e c a u s e t h e p r o d u c t o r m a t e r i a l e x h i b i t s o n e o r m o r e
f o l l o w i n g c h a r a c t e r i s t i c s i n t h a t i t i s ; t o x i c , c o r r o s i v e , i g n i t a b l e o r r e a c t i v e .
3 . 3 D e b r i s R e m o v a l a n d D i s p o s a l O p e r a t i o n s
T h e C o n t r a c t o r s h a l l p r o v i d e e q u i p m e n t , o p e r a t o r s a n d l a b o r e r s f o r d e b r i s r e m o v a l o p e r a t i o n s .
T h e C o n t r a c t o r s h a l l p r o v i d e a l l l a b o r a n d m a t e r i a l s n e c e s s a r y t o f u l l y o p e r a t e a n d m a i n t a i n
( i n c l u d i n g f u e l , o i l , g r e a s e , a n d r e p a i r s ) a l l e q u i p m e n t u n d e r t h e c o n t r a c t .
T h e C o n t r a c t o r i s r e s p o n s i b l e f o r c o l l e c t i n g a n d r e m o v i n g , f r o m p u b l i c r i g h t s - o f - w a y a n d p u b l i c
p r o p e r t y , a l l d e b r i s t h a t e x c e e d s i n s i z e , w e i g h t , v o l u m e , o r s h a p e t h a t w h i c h c a n r e a s o n a b l y b e
c o l l e c t e d b y t h e a v e r a g e h o m e o w n e r u s i n g a r a k e , b r o o m , s h o v e l a n d b a g s . H o m e o w n e r s a r e
r e s p o n s i b l e f o r c o l l e c t i n g t h e s m a l l r e s i d u a l q u a n t i t i e s o f l e a v e s , d i r t , s a w d u s t , t w i g s a n d s i m i l a r
s m a l l i t e m s o f d e b r i s t h a t c a n b e r e a d i l y p u t i n t o b a g s . E x c e p t f o r t h e a b o v e , t h e C o n t r a c t o r w i l l
c o l l e c t a n d r e m o v e a l l d e b r i s e x i s t i n g o n a s t r e e t d u r i n g e a c h p a s s a n d n o t l e a v e a n y d e b r i s f o r
s u b s e q u e n t p a s s e s . T h i s d o e s n o t p r e c l u d e t h e C o n t r a c t o r f r o m u s i n g s e p a r a t e v e h i c l e s a n d c r e w s
t o : s e p a r a t e b a g s f r o m o t h e r v e g e t a t i v e d e b r i s ; c o l l e c t i n g C &