HomeMy Public PortalAbout20200312AmendedPacket.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
March 12, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Executive Session
Opening Ceremonies
Call to Order
Invocation: Ken Douberly, St Michael’s Parrish
Pledge of Allegiance
Bubba Hughes: Discussion of virus and parade
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, City Council Meeting, February 27, 2020
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10
minutes.
2. Tim Arnold, Tybee Clean Beach Volunteers
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
Public Hearings
3. Site Plan and Variance: consideration of two foot setback and reduction of required
square footage for a duplex on lot: Lot 325 on Naylor Avenue, Zone R-T, Pin: 40020
05005, Christa Rader
4. Special Review: adding a temporary modular building on south side of City Hall, 403
Butler Avenue, Pin: 40004 21001, Zone PC: City of Tybee Island
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
5. Variance: Consideration of request for setback variances of 4'9" on west side, 10'3" on
north side, 2' on south side for primary structure and a variance of 12' for stairs on
south side: 10 Robinson Ave, Zone R-1: Pin 40002 08005: Joseph Mikielian
6. Private Parking Lots:
215 Lovell Avenue: Pin 4-0004-09-008A: Zone R-2: Marianne Bramble, petitioner
1001 Butler Avenue: Pin 4-0006-14-013: Zone R-2: Renee Bridges, petitioner
214 Second Avenue: Pin 4-0004-09-007: Zone R-2: Joyce Prescott, petitioner
203 14th Street: Pin 4-0007-18-001: Zone R-2: Jack Rosenberg, petitioner
1511 Butler Avenue: Pin 4-0008-07-005: Zone C-1/SE: Agnes Yao, petitioner
1401 Strand Avenue: Pin 4-0008-02-016: Zone C-1/SE: Brett Loehr, petitioner
Consideration of Bids, Contracts, Agreements and Expenditures
7. Out-of-State Travel: Captain Hayes, Lt Randolph and Major Fobes, Orlando,
Florida, March 3 - 6, 2020. Approval needed in retrospect
8. Out-of-State Travel, Joel Fobes, July 4 - 24, 2020, Boston University, Boston Mass.
9. Out-of-State Travel, Captain Hayes, FBI Academy, Quantico, VA. March 30 - June 5,
2020. She will be driving a marked patrol car for the training.
10. GEFA Loan Agreement, Clean Water State Revolving Fund, to construct a 150 kW Solar
Photovoltaic System adjacent to the Wastewater Treatment Plant, CW2019016
11. Approval Contract, Secure Records Solutions, LLC.
12. Lease, Tybee Island Marine Science Center
13. Out-of-State Travel, Shawn Gillen, ASBPA, Washington DC, March 24 - 26, 2020,
Approximate Cost $1000
14. Standby Contract for Disaster Debris Recovery Services with Crowder Gulf to be signed
by Mayor and City Attorney
15. Budget Amendment to cover cost of Classification and Compensation Study
Consideration of Ordinances, Resolutions
16. Second Reading, 2020-05, Sec 70-76, Use of Public Sewer
17. Second Reading, 2020-06, Chapter 70, Art. III A, Backflow Ordinance/Prevent Program
18. Second Reading, 2020-07, Adopt Grease Management Program and the Grease
Enforcement Plan
19. Second Reading, 2020-09, Parking Fines, Sec 66-147, Sec 66-147(c)
20. Second Reading, 2020-10, Regular Meetings
21. Second Reading, 2020-11, Sec 12-1(a), Restriction on Beach Smoking in Designated
Areas
Council, Officials and City Attorney Considerations and Comments
22. Shawn Gillen: Confirmation, Jen Amerell, Finance Director
23. 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
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
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
meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM
prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City
Hall and at www.cityoftybee.org.
THE VISION OF THE CITY OF TYBEE ISLAND
“is to make Tybee Island the premier beach community in which to live, work, and play.”
THE MISSION OF THE CITY OF TYBEE ISLAND
“is to provide a safe, secure and sustainable environment by delivering superior services through responsible
planning, preservation of our natural and historic resources, and partnership with our community to ensure
economic opportunity, a vibrant quality of life, and a thriving future.”
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
1. Minutes, City Council Meeting, February 27, 2020
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City Council Minutes, February 27, 2020
Consideration of Items for Consent Agenda 6:30
Mayor Sessions called the Consent Agenda to order at 6:31PM. She announced that city
attorney advised council needs to pass an ordinance before council could officially start its
meetings at 6:30PM, and would do so tonight. Those present were Jay Burke, Monty Parks, John
Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Shawn Gillen, City
Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and
Michelle Owens, substituting for Jan LeViner, Clerk of Council.
Mayor Sessions listed the following items on the consent agenda:
Minutes, City Council Meeting, February 13, 2020 as amended
Minutes, City Council Meeting/Workshop February 19, 2020
Ethics Commission appointments
o Ben Goggins (incumbent)
o James McNaughton (incumbent)
Out of State Travel, Michelle Owens. Attend National Main Street Conference, May 18 -
20, 2020. Line Item 100-7300-52-3500, $1,600.
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.
Budget adjustment to cover shortage in the Animal Control personnel budget.
Statewide Mutual Aid and Assistance Agreement from GEMA
Purchase of New Lifeguard Stands - Authorization to Purchase and Budget Amendment -
$132,100.00
Purchase of Clarifier - Budget Amendment - $600,000 from 505-0000-39-1300 to 505-
4310-54-1400
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
Public Education and Government Channel Upgrade - For Approval - Purchased From
100-1535-52-1300 and 100-1535-53-1600. $25,000Debris removal standby RFP
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
Shawn Gillen: Setting Price for Virtual Parking Decal at $300.00 - Action Item
Mayor Sessions tabled the following items for a future meeting:
Shawn Gillen: Wellness Program Description
Jan LeViner: Voter Rolls
Secure Records Solutions, LLC: Hard Copy Storage, Thomasville, GA
Mayor Sessions called the regular meeting to order at 7PM. All those present for the consent
agenda were present.
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Opening Ceremonies
Call to order
Pledge of Allegiance
Invocation: Michelle Owens, City of Tybee
Announcements
Tybee Island Maritime Academy (TIMA) approved to add grades 6,7 and 8
Tybee St. Patrick’s Day Parade is March 14
CENSUS 2020 is coming up. Please be counted.
Recognitions
Recognition of the US Army COE, Savannah River District for work on beach renourishment.
Mayor Sessions asked everyone to watch the beach renourishment presentation on the
monitors. She then called Spencer Davis to the podium to thank him and present a memory
box of Tybee sand to him. Mr. Davis expressed his gratitude working for the last seven years
with Tybee Island and the great partnership Tybee Island has with the USCOE. Mayor Sessions
recognized former mayor Jason Buelterman for his role in beach renourishment. Mayor
Sessions thanked Mackie McIntosh, who was absent. She then called Josh Nickel, to present a
memory box of sand as thanks and congratulated him on a promotion that will move him to
Atlanta. Mayor Sessions called Burt Moore forward to present a memory box of sand and
explained that he has been involved in Tybee’s project for many years, and thanked him for his
role. Burt Moore recognized and thanked city staff, as well as a new USACOE employee, Emily
Wortman, who was absent.
Janice Elliott introduced Robyn Rosner as City of Tybee Employee of the Year for 2019. Ms.
Rosner has been with the city for two years and also received the 2019 Employee of the Quarter
award. The award is for employees who have made significant contributions to their department
or the City of Tybee. Ms. Rosner has made significant contributions as Facilities Coordinator in
the Planning and Zoning Department. Mayor Sessions presented Ms. Rosner with a plaque.
Disclosures and Recusals
Mayor Sessions stated that Council will address disclosures and recusals during discussion
agenda.
Tybee Island Youth Council
Members of the youth council approached Mayor and Council with an update on their activities.
Crystal Travaille informed Mayor and Council that the youth were present in chambers talk
about their recent trip to Atlanta and a resolution presented to Senator Ben Watson ideas to
improve the city dog park and support of a beach smoking ban. Peyton Kinkel updated Council
on their visits with legislators Ben Watson and Jesse Petrea in Atlanta and team bonding activities
at an escape room. Trey Travaille read the resolution that was presented to Senator Watson
urging the Georgia Department of Transportation to complete the widening of US Highway
80/State Road 26 and replacing the Bull River and Lazaretto Creek bridges. LeMaya Simmons
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reported that youth council members traveled to Atlanta on Jan. 30, 2020 for Savannah-Chatham
Day at the state capitol. They posed for photographs with Governor Brian Kemp and took a
tour of CNN. She thanked City Clerk Jan LeViner and parent volunteers for making the trip
possible. Henry Holton shared the youth council’s ideas for upgrading the city dog park. Their
ideas included adding trees, benches, sod and dog obstacles that would be purchased by holding
fundraisers. Waylon Pederson shared the youth council’s proposal to ban smoking and vaping
on the beach. The ban would be enforced by flying six monitored drones over the beach. Those
in violation of the no smoking ordinance would get a warning the first time and a $50 fine the
second time. The fine would double for repeat offenders. The youth council voted unanimously
at its meeting to support the ban. Monty Parks asked youth council to research a water feature
that dogs could splash in and bring their recommendations to Council. Mayor Sessions thanked
Jan LeViner who was not present, Haley Hill, YMCA Director and all who help make the Youth
Council a success.
Citizens to be Heard
Mr. Dana Johnson, 1101 Bay Street, asked city to reconsider its permitting and licensing
process for beach equipment rentals. Mr. Johnson said a city ordinance allows incumbents
to hold a permit and presents a closed loop that prevents others from an opportunity to
bid competitively. He asked if the city would open the process for a competitive RFT or
rewrite the ordinance. Mayor Session stated the issue has come up before and was
dismissed without action. The code is still in place unless a council members wants to put
it on the agenda again. City Attorney Bubba Hughes said the issue was raised twice last
year. The last time it came up a motion was passed, with the mayor breaking the tie, to
work on an ordinance that would not be in place until 2021. Council will receive a proposal
from City Attorney in the spring. Mr. Hughes will send Council the items he has worked
on in the past and wait for its direction.
Ms. Karen Kelly, Beachview Inn & Spa, approached Council with other Tybee Island
Maritime (TIMA) supporters. She announced that the Girl’s Nite Inn fundraiser raised
$6,000 for TIMA and thanked everyone for their support. TIMA principal Peter Ulrich
said the funds will go toward a new 3D fabrication lab for the school’s maker space.
Marianne Bramble, 215 Lovell Avenue, expressed concern for how a smoking ban at
designated beach areas would be implemented and enforced. She questioned if a
designated marshal or police officer would be assigned. Monty Parks stated that he was
already planning to address those questions when that item came up on the agenda.
Mayor Sessions reiterated that they would address those at the appropriate time in the
meeting.
Julie Livingston, 801 First Street, spoke against an increase in the cost of parking passes
for non-Tybee residents from $150 to $200 due to the impact it would have on local
businesses like her golf cart rental business. She spent $18,000 purchasing passes for the
golf carts at her business, which is a significant cost. The cost increase will cost her $6,000.
She also stated the “non-resident” label is misleading because she is a resident. She said
businesses are purchasing parking passes for employees, so it will effect more than just
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her business. If the cost for the T stickers increases also, that could make her overall cost
increases go up $10,000. She asked Council to take that in to consideration that the costs
are significant, there was little advance notice and her budgeting is done for the year.
Ginger Schrader, 14 TS Chu Terrace, spoke about maintenance of non-city streets. She
asked the city to help identify solutions for drainage and maintenance issues on private
streets, including Silver, Izlar, TS Chu Terrace and 17th Place, which are being used like
public roads. She said these roads are considered private drives and many residents don’t
want the streets to become public. However, the streets have horrendous drainage and
have not been paved since she moved there in 2002. The street flooded in the last two
storms. She has asked city council members and staff over the years to help, but was told
the homeowners could raise the money to repair the roads. She asks the city to come up
with a plan for repairing the streets. Barry Brown stated this issue has come up before
and that those streets are considered a prescriptive easement. He asked what it would
take for the city to take over the streets. Mr. Hughes stated the roads in question would
have to be dedicated and accepted by the city for maintenance, but that’s what it would
take. He said the roads are arguably owned by the property owners abutting the road,
but it’s not always clear whether it’s public or private. Mayor Sessions requested that
the issue be addressed when that item comes up on the agenda. Ms. Schrader said if
the city is not willing to help with their roads, they will block them off. Mayor Sessions
said she agreed with Ms. Schrader.
Reports of Invited Guests
Alan Robertson, gave an update on Tybee Islands Coastal Resiliency projects that included
adding sand to the shoreline, restoring dunes and vegetating dunes. Future efforts will address
flooding on the back river. He said that Tybee has been working on beach protection since 2016,
and is the only city in Georgia, and one of the few in the country, with a Sea Level Rise
Adaptation Plan. Tybee also has a Master Plan and Carry Capacity Study that addresses the
importance of the beach and the dunes. In 2018, the city used its own funds to stabilize dunes
on 19th Street dune, an at grade crossover where Tybee experienced flooding. The state awarded
Tybee a $5 million dollar grant for beach nourishment. Tybee started renourishment efforts again
in Dec. 2019 and ended in February 2020. This included building and vegetating dunes. The City
is about 95 percent complete with the grant. He said the beach side of the island has never been
in better shape and never been wider. Efforts will now focus on a thorough study of the back
river, using a National Fish and Wildlife Grant and money from the Department of
Community Affairs (DCA). Tybee is working with the University of Georgia and the Skidaway
Oceanographic Institute. Study will cost $300,000 and take about a year. Mr. Robertson said he
would be back in a year with an array of options for Council to consider to address flooding on
the back river. Tybee has received recognition from a host of agencies around the country and
consider a leader for its work implementing its coastal resiliency plans with partners like the
USCOE. He asked council to keep the momentum going. Monty Parks inquired about the
boundaries of the back river study. Mr. Robertson identified them as Butler, Chatham, extending
north, following the creek. Barry Brown asked how it would address owners with a Kings Grant.
Mr. Robertson replied it is difficult to establish land grants and would not be an issue. Mayor
Sessions thanked Mr. Robertson for all the grants and attention Tybee has received.
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Alex Muir introduced herself as Advocacy Coordinator for One Hundred Miles, an advocacy
group with the mission to protect Georgia’s 100 miles of coast. She asked Council to consider a
resolution calling for the State of Georgia to establish a state-sanctioned commission to study
coastal flooding risk reduction and to create a mitigation plan. Georgia experienced a $15.3 million
loss in property value between 2005 and 2017. She shared that Georgia is the only state along
the Atlantic Coast that does not have a commission, and one of 6 states in the nation without a
mitigation plan in place to address coastal flooding. She said this causes Georgia to lose out on
federal funding. The commissions would be able to advocate for legislation and funding, and
ensure progress is made that is helpful to coastal communities. The commissions would develop
adaptation plans like the one Tybee Island has in place. The commissions would bring the right
partners like the Department of Natural Resources and GDOT (Georgia Department of
Transportation) into the planning process. Ms. Muir said that other coastal communities when
considering the resolution have asked if Tybee Island has adopted it. Mayor Sessions thanked
Alex for the presentation and stated she would be happy to reach out to legislators.
Monty Parks made a motion to approve the consent agenda. Barry Brown seconded the
motion. The vote to approve was unanimous, 6-0.
Consideration of Local Requests & Applications – Funding, Special Events, Alcohol
License Alcohol and Entertainment License Request: Fresh Catch Tybee dba Pier 16,
1601 Inlet Avenue. Applicant is seeking a license for Liquor/Beer/Wine/Sunday Sales;
Entertainment. Mayor Sessions read a letter from Mark and Beth Reed, 1515 Lovell Ave. The
letter expressed concern over amplified music, parking and trash close to residential areas. John
Branigin said he understood Mr. Reed’s position, but felt the stipulations in the approval were
sufficient. Barry Brown asked why the city was allowing outside entertainment when a similar
establishment was already causing problems on the north end of the Island. Jay Burke recused
himself on the grounds that he would be the alcohol beverage sales representative for the
establishment. Barry Brown said he did not have a problem with the alcohol license, only the
outdoor entertainment. Monty Parks said one of the conditions council agreed on was that if
problems arose with the outdoor entertainment, they could make them stop. Nancy DeVetter
said she agreed with Mr. Brown and had no problem with the alcohol license, but was concerned
about the outdoor entertainment. Mr. Hughes advised that council could require the license be
revoked if the business did not comply with restrictions. Nancy DeVetter asked what the current
noise ordinance requires. Dr. Gillen stated the current noise ordinance has no time limit, and only
addresses volume. Mr. Hughes further explained it is based on decibel level and zones. He said
the public safety committee met today to look at other ways to address noise. Dr. Gillen said the
only mention of time in the ordinance is the 10AM Saturday/Sunday rule for power tools. There
is a good neighbor rule regarding noise on the city’s website, but it is not enforceable, just a
suggestion. Mr. Branigin said the applicant’s business is in a C-1 zone so the restrictions are
sufficient. Spec Hosti expressed concern that this business could be denied its license when
other businesses like Hucapoos are already have the entertainment license. Mr. Parks stated that
it is difficult when C-1 abuts residential property. Mayor Sessions noted that there was already a
lot of noise going on in that area due to a number of bars and restaurants. John Branigin made
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a motion to approve. Monty Parks seconded the motion. Voting to approve were Monty Parks,
John Branigin and Spec Hosti. Voting against were Barry Brown and Nancy DeVetter. The motion
was approved, 3-2.
Jay Burke returned to the meeting.
Consideration of Bids, Contracts, Agreements and Expenditures
Water/Sewer Budget Adjustment request to Purchase a Street Sweeper - $220,000
from 100-4520-54-2102 to 100-4520-54-2100. City Manager Shawn Gillen informed
Council that the line item numbers were transposed and needed to be corrected. The funds are
coming from the General Fund and not from the Water/Sewer budget. The funds are being moved
within the General Fund from the stormwater line item (100-4520-54-2102) not 2101 as
incorrectly stated) to the equipment line item (100-4520-54-2100). City Engineer Pete
Gulbronson said the existing street sweeper is over two years old and needs repairs often. The
city is reviewing several different models before purchasing one that will better suit Tybee’s
needs. John Branigin asked why Council would approve this now if they didn’t know what would
be purchased. Mr. Gulbronson said the project would still be put out to bid and brought back to
council before purchase. This request is just to transfer the money. Barry Brown asked if the
city considered leasing the equipment or subcontracting the job. Dr. Gillen said they could look
at those options. Nancy DeVetter asked if street sweeping could be done at night rather than
during business hours. Mr. Gulbronson said that would require overtime pay. Dr. Gillen said
typically street sweeping starts earlier enough that parked cars are not an issue. Spec Hosti
made a motion to approve the transfer of funds. Nancy DeVetter seconded the motion. The
vote to approve was unanimous, 6-0.
Secure Record Solutions, LLC, Hard Copy Storage, Thomasville, GA: Council tabled
discussion of this item to the March 12 City Council meeting.
Consideration of Ordinances, Resolutions
2020-02, Sec 34-264 – Short Term Vacation Rentals. Monty Parks stated this ordinance
requires vacation rentals to display a sign within 7 days or face a citation and then a violation.
This is the first in a series of ordinances. Council will add others, he said. Barry Brown motioned
to approve the second reading. John Branigin seconded the motion. The vote to approve was
unanimous, 6-0.
2020-03, Civil Penalties. Monty Parks stated this ordinance would allow the city to change
certain infractions to administrative infractions that do not require a police offer to handle. These
civil penalties will include most of the fines for beach infractions. Unpaid fines would go to a bill
collector. Nancy DeVetter asked where the list of fines could be found. The county attorney will
bring back a proposed list of fines and an effective date for the ordinance on March 12. Spec
Hosti moved to approve the second reading. Monty Parks seconded the motion. The vote to
approve unanimous, 6-0.
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2020-08, Retirement Plan Ordinance. Dr. Gillen said this ordinance adopts language
consistent with what the IRS requires. John Branigin moved to approve second reading. Spec
Hosti seconded the motion. The vote to approve was unanimous, 6-0.
2020-12, Article III, Sec 3-170, Home Occupations and Home Business Offices and
2020-13, Sec 2-010, terms and Definitions-Home Occupation. Spec Hosti, Jay Burke
and Barry Brown recused themselves on the basis they have home offices. Nancy DeVetter
stated the language of the ordinance is confusing and needs to be clarified, especially the
definitions of Home Occupations and Home Business Offices. She felt it was not ready for a second
reading. Planning and Zoning Manager George Shaw agreed the ordinance was confusing and
staff did not know how to enforce it. Monty Parks moved that Nancy DeVetter and Bubba
Hughes work together to clarify the meaning of the ordinance and bring it back to the council.
Nancy DeVetter seconded the motion. Monty Parks changed the language of his existing
motion and moved to dispose of the current proposed ordinance entirely and start over with
another proposed ordinance that better clarifies the meaning of the ordinance. John Branigin
seconded the motion. The vote to approve was unanimous, 3-0.
Spec Hosti, Jay Burke and Barry Brown returned to the meeting.
2020-06, Chapter 70, Article IIIA, Backflow Ordinance/Prevention Program. Bubba
Hughes stated the ordinance was requested by the city Water and Sewer Department and
provided him materials to create the ordinance for backflow preventers for meters, a needed
component for Tybee’s water and sewer system. This will fulfill as state requirement to prevent
contamination of the potable water system. John Branigin asked how the evaluation and
notification process would work for properties that existed before this process. Pete Gulbronson
stated that the city would do inspections and notify properties that are required to upgrade the
meter. Spec Hosti moved to approve the first reading. John Branigin seconded the motion.
The vote to approve was unanimous, 6-0.
2020-05, Sec 70-76, Use of the Public Sewer. Spec Hosti moved to approve first reading.
John Branigin seconded the motion. The vote to approve was unanimous 6-0.
2020-07, Adopt Grease Management Program and the Grease Enforcement Plan.
Monty Parks moved to approve first reading. Spec Hosti seconded the motion. Vote to
approve was unanimous 6-0.
2020-09, Parking Fines, Sec 66-147(c). Dr. Gillen informed council that as the city has
moved up the cost of parking, the fines need to increase too. Bubba Hughes said this is the first
of a series of ordinances the city will implement. Currently, people receiving tickets pay less in
fines than they would for parking. This ordinance will eliminate that problem. John Branigin
moved to approve first reading. Barry Brown seconded the motion. The vote to approved was
unanimous, 6-0
2020-10, Regular Meetings. Mayor Sessions said this ordinance will allow the city to begin
regular meetings at 6:30PM. Council will have one regular meeting in November, December,
January, June and July. Spec Hosti moved to approve first reading. Barry Brown seconded the
motion. The vote to approve was unanimous, 6-0.
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2020-11 Sec 12-1(a) Restriction on Beach Smoking in Designated Areas. Nancy
DeVetter read into the record the Beach Task Force unanimous vote by the Beach Task Force
to support a smoke free beach. She then presented letters of support from Tybee Clean Beach
volunteers for a smoke free beach since cigarette butts are a large portion of beach litter. Monty
Parks stated the ban would cover a limited area of beach from 14th to 16th Street for a one year
trial period. Tybee Clean Beach volunteers will monitor the litter and report back to council on the
effectiveness of the ban. The ordinance will be subject to the civil penalties approved earlier on
the agenda. Spec Hosti state that the ban seemed too restrictive. He favored trying other ideas
like adding cigarette butt receptacles. John Branigin supported the restriction because the litter
issue needs to be addressed, civil fines will apply and police officers can focus on more serious
infractions. Barry Brown is concerned the ban might be discriminatory. Mayor Sessions said
people don’t realize that cigarette butts are litter. Marine life is suffering from the cigarette butts.
An education blitz is important if the ordinance passes. Monty Parks moved to approve the
ordinance. John Branigin seconded the motion. Voting in favor were John Branigin, Jay Burke,
Monty Parks and Nancy DeVetter. Voting against were Barry Brown and Spec Hosti. The motion
was approved 4-2.
Council, Officials and City Attorney Considerations and Comments
John Branigan: Maintenance of Non-City Streets. John Branigin said the city needs to
take a position on maintenance of private streets are used by the public. Barry Brown didn’t
think homeowners would agree to give their private roads to the city. Bubba Hughes informed
council that state statute says seven years of use by the public entitles the public to use the road
but that does not mean it becomes a city street that the city must maintain. There is also a statute
that makes it a criminal offense for a public official to authorize work on private roads. Mr. Hughes
said there is no easy solution and it would be very expensive for the city to repair. Barry Brown
recommended the residents on impacted private roads sign a petition and bring to council to
decide a course. Mayor Sessions asked how to tell private streets from public streets. Shawn
Gillen said the city has a better idea which are private and public following Hurricane Matthew,
but prior to that, there was a lot of uncertainty. Mr. Hughes said there’s still uncertainty. The city
does not have records of express dedications for some streets. If the city has maintained the road
in the past, that’s could indicate the road is public. Monty Parks did not want to encumber future
city councils with this problem. Dr. Gillen will take the issue to Infrastructure Committee to answer
when a street should become public. Dr. Gillen will contact the Schraders and ask them to get a
petition signed by people on their street. No action taken.
Bubba Hughes: Award protest concerning RFP on By Pass Pumps and
status/consideration of grant issues. Bubba Hughes explained that this issue originated
with a $585,000 hazard mitigation grant for generators and morphed into an RFP for the purchase
and installation of bypass pumps. The city received feedback during the RFP process that it would
be better to separate the purchase and installation into two separate RFPs. The project has now
doubled in cost and exceeds the budgeted amount. Mr. Hughes recommend council reject all the
proposals and start the process over again because the city never heard whether FEMA would
allow pumps instead of generators and help with additional costs associated with doing the
project. Mr. Hughes recommended reversing an installation contract that had not been put into
contract and starting over perhaps with more money from FEMA. Mr. Hughes said the city might
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need to quickly get bids to rent pumps for the coming hurricane season. That would require the
city to pay to place the pumps on hold so that they would be available when needed. John
Branigin moved to reject all proposals, reverse the indication of tentative award for the
installation and start over with the RFP process. Monty Parks seconded the motion. The vote to
approve was unanimous 6-0.
Bubba Hughes, City of Tybee Island Water and Sewer Requirements. This issue was
placed on the agenda at the request of Mr. Rick Hogan. He previously came to council to request
a change in the city’s ordinance that allows the city to start water and sewer billing for when a
Certificate of Occupancy (CO) is obtained, whether or not the house is occupied. He would like
the policy to be changed so that unoccupied houses do not incur billing. John Branigin and
Nancy DeVetter do not support changing the policy, agreeing that it should be considered the
cost of doing business for a developer. Nancy DeVetter voted to keep policy as it is. Monty
Parks seconded the motion. Voting in favor were Nancy DeVetter, Monty Parks and John
Branigin. Voting against were Spec Hosti, Barry Brown, Jay Burke and Shirley Sessions. Motion
failed 4-3. Mr. Hughes bring ordinances back to council reflecting the revised policy.
Bubba Hughes: Possible Rules of Procedures to include adding Disclosures and
Recusals. Mayor Sessions explained that council needs to decide if it wants to handle
disclosures and recusals at the start of the meeting like Planning Commission addresses them, or
continue to handle them as each agenda item is discussed. Nancy DeVetter favors the way
Planning Commission handles them. It is more effective and improves transparency. John Branigin
disagreed, saying addressing conflicts of interest as they arise on the agenda is more appropriate.
Nancy DeVetter moved to approve a six-month trial of new rules, with the stipulation that the
rules be discarded if they prove too cumbersome. Monty Parks seconded. Voting in favor were
Monty Parks and Nancy DeVetter. Voting against were Jay Burke, John Branigin, Barry Brown,
and Spec Hosti. The motion failed 4-2. Bubba Hughes cautioned council not to assume that if
they did not have a recusable interest that they are automatically immune from an ethics
complaint. The city has had an ethics complaint once resolved by the recommendation that a
simple disclosure of the non-conflicting interest might have avoided the complaint. Mr. Hughes
said if there is a perception that a conflict exists, council members should disclose it to be safe.
Nancy DeVetter suggested handling disclosures and recusals both at the beginning and as items
are addressed on the agenda. Council agreed to hold an ethics review workshop to better
understand what constitutes conflicts.
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. Monty Parks moved to approve. Barry Brown seconded the motion. The vote to
approve was unanimous, 6-0.
Shawn Gillen: Parking Fines - Action Item. Dr. Gillen said parking staff came up new fines.
With the new increase in parking fees it becomes cheaper to pay a parking fine than pay for
parking unless the fines are also increased. Once approved, the city will start enforcing at the
new level. Monty Parks moved to approve the new parking fines. Barry Brown seconded the
motion. Vote to approve was unanimous, 6-0.
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Shawn Gillen: Increase Cost of Parking Decal for Non-Tybee Residents to $200.00 -
Action Item. Monty Parks questioned why business on Tybee have to pay non-resident prices
for parking passes if the vehicles are registered on Tybee Island. Nancy DeVetter suggested
businesses get five free passes. Shawn Gillen said that suggestion requires more conversations
about impact on revenues. John Branigin said he considers the cost of the parking passes as
the cost of doing business. John Branigin moved to approve new fines with an effective date
of Jan. 1, 2021. Monty Parks seconded the motion. Voting to approve were John Branigin,
Monty Parks, Jay Burke, Nancy DeVetter and Barry Brown. Voting against was Spec Hosti. The
motion was approved 5-1.
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. Shawn Gillen asked
council to consider an altered request based on the new no smoking ban. He would like 3 full
time code enforcement officers rather than part time positions. The budget can support the
change. In the peak season the officers would focus on beach infractions. In the off season they
would focus on general quality of life issues. The city marshal would oversee the new staff along
with animal control personnel. The cost increase would equal approximately $46,000 for the
remainder of the fiscal year. Once approved Dr. Gillen will work with the city marshal and police
chief to develop standard operating procedures. The goal is not to generate revenue but to
enforce the rules on the beach. Monty Parks supported the full time positions and stipulated that
the code enforcement officers be retained even if the smoking ban is lifted at the end of its trial
period. Dr. Gillen estimated the cost for year-round, full-time employees at $100,000 per year
including benefits. John Branigin made the motion to approve three full-time, year-round Code
Enforcement positions. Monty Parks seconded the motion. Voting to approve were John
Branigin, Monty Parks, Jay Burke, Nancy DeVetter and Barry Brown. Voting against was Spec
Hosti. The motion was approved 5-1.
Todd Smith: City of Tybee website. Todd Smith share that staff put together a tutorial video
that shows how to navigate the city website for anyone needing guidance. The 2-minute video
will be shared on the city’s website and TV channel. Staff is also working on a website redesign.
Shawn Gillen will share the preliminary design with council.
Spec Hosti moved to adjourn. John Branigin seconded the motion. The vote was unanimous.
Meeting adjourned at 10:58PM
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
3. Site Plan and Variance: consideration of two foot setback and reduction of required
square footage for a duplex on lot: Lot 325 on Naylor Avenue, Zone R-T, Pin: 40020
05005, Christa Rader
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 03/12/2020
Item: SITE PLAN WITH VARIANCE
Explanation: consideration of two foot setback and reduction of required square footage for a duplex on lot –lot
325 on Naylor Ave. –Zone R-T – 40020 05005 – Christa Rader.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 03/05/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
4. Special Review: adding a temporary modular building on south side of City Hall, 403
Butler Avenue, Pin: 40004 21001, Zone PC: City of Tybee Island
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 03/12/2020
Item: SPECIAL REVIEW
Explanation: adding a temporary modular building on south side of City Hall – 403 Butler Avenue – 40004 21001 –
Zone PC – City of Tybee Island.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 03/05/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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DAVIS ENGINEERING, INC.
PO Box 1663 Tybee Island, Georgia 31328
Tel. (912) 695-7262 dkdbus@gmail.com
January 31, 2020
George Shaw
Director of Community Services
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539
RE: 403 Butler – Modular Building Between City Hall and Library
Dear Mr. Shaw:
I have reviewed the site design submittal on the above referenced project for drainage compliance.
The site layout is not showing proposed changes to the existing sheet flow drainage routes. The
addition of the building adds 0.1 acres or impervious area to the drainage basin. During the upcoming
cleaning of the dry basin on the north side of the north wing of the gym (old school), one or more sides
will be moved outward up to 1-2 feet. This will provide additional storage to mitigate the small loss of
pervious area in the park. With the detention storage, there should be no increased loading demand
on the existing outfalt from pipes, up to and including the City’s 25-year design storm.
Within the scope of plan review standards, to the best of my knowledge and belief, it is my opinion
that, the site drainage design meets the requirements of the Land Development Code of the City of
Tybee Island. Any recommendations do not relieve the project of the requirement to obtain any other
required permits, approvals, etc… by any other governmental body or authority having jurisdiction over
any portion of this project.
Erosion control will be by protection of the existing grate inlets. Sediment barrier will be necessary
only if wind creates movement of soil. As only water and sanitary sewer services are proposed (no
additional mains), I am not involved in utilities.
Please contact me if you have any questions on this matter
Sincerely,
Downer K. Davis, Jr., P.E.
President
cc: Lisa Schaaf
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
5. Variance: Consideration of request for setback variances of 4'9" on west side, 10'3" on
north side, 2' on south side for primary structure and a variance of 12' for stairs on
south side: 10 Robinson Ave, Zone R-1: Pin 40002 08005: Joseph Mikielian
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 03/12/2020
Item: VARIANCE
Explanation: consideration of request for setback variances of 4’9” on west side, 10’3” on north side, 2’ on south
side for primary structure and a variance of 12’ for stairs on south side.-10 Robinson Ave. –Zone R-1 –Pin 40002 08005
–Joseph Mikielian.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 03/05/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
6. Private Parking Lots:
215 Lovell Avenue: Pin 4-0004-09-008A: Zone R-2: Marianne Bramble, petitioner
1001 Butler Avenue: Pin 4-0006-14-013: Zone R-2: Renee Bridges, petitioner
214 Second Avenue: Pin 4-0004-09-007: Zone R-2: Joyce Prescott, petitioner
203 14th Street: Pin 4-0007-18-001: Zone R-2: Jack Rosenberg, petitioner
1511 Butler Avenue: Pin 4-0008-07-005: Zone C-1/SE: Agnes Yao, petitioner
1401 Strand Avenue: Pin 4-0008-02-016: Zone C-1/SE: Brett Loehr, petitioner
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M AYOR
Shirley Sessions
CITY COUNCIL
Barry Brown
John Branigin
Jay Burke
Nancy DeVetter
Michael “Spec” Hosti
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 03/12/2020
Item: PRIVATE PARKING LOTS
Explanation:
SUNRISE PARKING 1511 BUTLER AVENUE
HOTEL TYBEE PARKING 1401 STRAND AVENUE
RENEE G. BRIDGES 1001 BUTLER ANENUE
BRAMBLE FAMILY 215 LOVELL AVENUE
JOYCE PRESCOTT 214 SECOND AVENUE
JACK ROSENBERG 203 FOURTEENTH STREET
Paper Work: YES Attached
YES Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: 912-472-5033 / lschaaf@cityoftybee.org
Date given to Clerk of Council: 03/05/2020
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(912) 786-4573 – FAX (912) 786-5737 www.cityoftybee.org
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Private Parking Lots
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PRIVATE PARKING LOTS
NAME ADDRESS LICENSE YEARS SURVEY/SITE PLAN CITATIONS INS # SPACES ZONE
BRAMBLE FAMILY PARKING 215 LOVELL AV 1785 2009-2020 YES 0 YES 13 R-2
RENEE G. BRIDGES PARKING
1001 BUTLER
AV 1331 2006-2020 YES 0 YES 30 R-2
JOYCE PRESCOTT PARKING 214 2ND AV 2192 2011-2020 YES 0 YES 12 R-2
JACK ROSENBERG PARKING 203 14TH ST 2024 2010-2020 YES 1 YES 12 R-2
OCEAN PLAZA BEACH RESORT
(PARKING)1401 STRAND 1360 2006-2020 YES 0 YES 128 C-1
SUNRISE PARKING
1511 BUTLER
AV 1287 2006-2020 YES 0 YES 39 C-1
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Bramble Family Parking
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Renee G. Bridges Survey and Site Plan
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Joyce Prescott Parking
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Joyce Prescott parking
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Jack Rosenberg Parking
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Hotel Tybee Parking
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Sunrise Parking
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Sunrise Parking
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
10. GEFA Loan Agreement, Clean Water State Revolving Fund, to construct a 150 kW Solar
Photovoltaic System adjacent to the Wastewater Treatment Plant, CW2019016
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
11. Approval Contract, Secure Records Solutions, LLC.
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SECURE RECORDS SOLUTIONS, LLC
SERVICE AND STORAGE AGREEMENT
This Agreement entered into this 12th day of March, 2020 by and
between Secure Records Solutions, LLC (hereinafter referred to “SRS”)
and City of Tybee Island (hereinafter referred to as “Client”). FOR AND
IN CONSIDERATION OF THE MUTUAL TERMS AND COVENANTS
CONTAINED HEREIN, SRS agrees to accept for storage and service under
its records management systems, Client’s materials as delineated below
(hereinafter referred to as “materials”), subject to all of the terms and
conditions contained herein, including those incorporating as
attachments hereto. In consideration for SRS accepting and maintaining
such materials, Client agrees to pay SRS for its services according to the
current rate schedule attached hereto and incorporated herein by
reference as the same may be changed from time to time as provided
for herein.
1. TERM: SRS shall store and service Client’s materials deposited with
SRS and as more particularly described in Paragraph 2 for an initial
term which begins on the date noted above and terminating on
June 30, 2020, and which will renew for a one (1) year term
thereafter, unless written notice of termination is provided by
either party to the other by Certified Mail no later than ninety (90)
days prior to the expiration of the initial term.. Thereafter, this
Agreement shall automatically renew for successive one(1) year
terms for a total three (3) year period unless such notice of
termination is given ninety (90) days prior to the expiration of the
then current term. Additional materials may be added by written
agreement of the parties and unless otherwise indicated in such
writing, shall be deemed to be held under the same terms and
conditions as provided for herein. In the absence of an executed
writing, the act of tendering materials for storage to, and/or use of
other services by SRS, constitutes acceptance by Client of the
terms, conditions and rates provided for in this Agreement. This
agreement shall supersede any contrary provisions that may be
contained in any purchase order issued to SRS by Client.
2. DESCRIPTION OF MATERIALS: Materials may include magnetic
tapes, digital images, films, microfilms, files, records or documents
of any kind character or medium and other forms of materials SRS
may from time to time agree to accept for storage and/or service.
For media storage and related services provided by SRS to Client,
stored material may include computer equipment, various media
forms, servers and hard drives and Client shall be solely responsible
for encrypting any such stored materials sent to SRS.
3. OWNERSHIP OF PROPERTY: Client represents and warrants that it
is the owner or legal custodian of the stored material free and clear
of all liens and security interests and has full authority to tender to
SRS for storage the stored material in accordance with the terms
of this Agreement. In addition, Client represents and warrants that
it has full authority to order all services to be provided by SRS under
this Agreement Client shall not at any time store with SRS any
narcotics, controlled substances, contraband or other illegal
materials, any materials considered to be highly flammable,
explosive, toxic, radioactive, nitrate film, film producing acidic
fumes, or any organic material which might attract vermin or
insects or any other materials which are otherwise dangerous
and/or unsafe to store or handle using SRS’ standard procedures
and facilities. Materials will be accepted for storage and/or
rotation only when packaged in a manner acceptable to SRS and
when accompanied by a properly executed
processed form(s) or work order as agreed to by Client and SRS.
SRS reserves the right to open and inspect any materials sent for
storage. SRS may, at its sole discretion, elect to reject any type or
form of record material, which it considers unfit, improper or
unsafe for storage. SRS is not required to insure Materials against
loss or injury, however caused, and Client’s sole remedy in such
event shall be as provided for in paragraph 13 below.
4. RATES: Client agrees to pay SRS for its storage and services
according to SRS’s then current schedule of rates as set forth in the
attached fee schedule(s) as the same may be changed from time
to time as provided for in this Agreement. Monthly storage rates
will remain constant throughout the original term provided for in
paragraph 1 above unless otherwise set forth on the attached fee
schedule(s). Thereafter, such rates are subject to change upon 30
days written notice to Client. Client shall pay applicable fees as
billed monthly in advance. Unless otherwise agreed in writing by
SRS and Client, SRS shall be entitled to utilize a third party to
provide some or all of the services hereunder and in such event,
the third party shall be liable for any damage, loss, or destruction
of materials in its custody. For all deliveries and pick- ups Client
agrees to maintain at all times an unobstructed access route into
its facilities and a legal, cost-free parking area for utilization by SRS.
Charges for other services requested by Client will be billed as they
occur. Extraordinary requests where notice is given may involve
additional costs, such as overtime, which Client will pay at
Company’s standard overtime rates. All charges are due upon
receipt of invoice. If Company should neglect to promptly charge
for any service, Client shall remain responsible for such charge(s)
and pay them promptly when billed. If any charges, fees or other
expenses due hereunder are not paid within 30 days after billing
or should any check given in payment be dishonored, Client shall
be deemed in default of this Storage Agreement and shall pay a fee
of $35.00 for any returned check. All accounts over 30 days old
shall be subject to interest at the rate of 1.5% per month (18% per
annum). For materials received for storage prior to the 15th day of
each month, charges will be assessed on the basis of the entire
month. For materials received for storage the 15th day of each
month or after, charges shall be assessed on the basis of one-half
(½) of that month. Upon termination of this Agreement, any
services performed including but not limited to retrieval,
permanent withdrawal, delivery or destruction of the materials
shall be paid by Client as set forth in the Service Schedule and shall
be paid by certified check prior to or concurrently with the
performance of such services.
5. RULES: Client agrees to comply with the standard storage
operating procedures of SRS as they may be changed from time to
time. (See “Ownership of Property”, Section 3)
6. ACCESS TO STORED MATERIALS: All access to SRS facilities shall be
subject to SRS’s security procedures, which may be amended by
SRS from time to time. Client shall supply a list with signatures of
such authorized representatives who can order, access, deliver,
and accept delivery of materials (“Authorized
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Representatives”). Client shall be responsible for notification of
deletions or additions to such list in writing to SRS utilizing proper
SRS forms and procedures. Client’s Authorized Representative
shall have the right, at reasonable times and upon reasonable
notice during normal business hours, to examine its materials.
Stored materials shall be delivered only pursuant to Client’s
Authorized Representative’s instructions. Client represents that
the Authorized Representatives(s) identified on the SRS
Authorization for Information Access form have full authority to
order any services for the removal of any materials and to deliver
and receive such. Such order may be given in person, in writing, by
telephone, facsimile or electronic transmission. SRS shall have a
reasonable time to comply with any request for the delivery of any
materials. SRS reserves the right to deny access or delivery of
materials should the Client be in default of this Agreement. Unless
SRS receives written notice to the contrary, it shall be authorized
to receive materials or deliver materials to or at the direction of
any Authorized Representative. Client shall likewise be responsible
for keeping Client access list up-to-date regarding the SRS web
module for accessing Client data. For deliveries to Client, unless
Client instructs SRS otherwise in writing, Client specifically
authorizes SRS to leave materials with the Client representative
who meets the SRS courier, regardless of whether such individual
is an Authorized Representative.
7. TRANSPORTATION OF MATERIALS: Notwithstanding the fact SRS
may transport materials to or from storage, Client acknowledges
that, SRS’ primary business is storing materials and that SRS is not
a “common carrier.” SRS shall not be liable for damage to or
destruction of Client materials in transit, unless such damage or
destruction is solely caused by the gross negligence or willful
misconduct of SRS.
8. ADDRESS AND CHANGE: Any notice required under this Agreement
or required under applicable law shall be sent by SRS to Client or
from Client to SRS at the address shown below. Should there be a
change to a party’s address, the party shall provide written notice
of such change to the other party and upon acknowledgment by
the receiving party of such change; all notices thereafter shall be
sent to such new address. For purposes of any notices under this
Agreement, they shall be given as follows:
City of Tybee Island
Attention:
Telephone:
As to SRS:For Overnight Delivery:
Secure Records Solutions, LLC
Attn: W. Powell Jones
105 Baybrook St
Thomasville, GA 31792
For U. S. Mail:
Secure Records Solutions, LLC
Attn: W. Powell Jones
Post Office Box 1866
Thomasville, GA 31799-1866
Telephone: 229-226-0414
9. DESTRUCTION OF MATERIALS: (a) Upon written instructions from
Client and payment for such services, SRS will destroy materials or
parts thereof. Client releases SRS from any and all liability to any
third party by reason of the whole or partial destruction of
materials performed pursuant to Client’s instructions. (b) Only
Client, if anyone shall be responsible to third parties for , claims
and liabilities of any kind, contingent, threatened, known or
unknown, which are or may be asserted by any person or entity in
connection with or related to SRS’ authorized destruction of
materials and SRS shall have no liability therefore. (c) Client
acknowledges that Client is aware of its obligation properly to
dispose of “consumer information” and any other information the
disposal of which is regulated by any laws or regulations governing
disposal of information, including, without limitation, those
commonly known as “FACTA,” “GDPR,” “GLBA”, “HIPAA” and
“HITECH” or similar state, federal and international laws (“Privacy
Laws”). Client is responsible for reviewing the Privacy Laws to
determine if destruction by SRS is adequate under the Privacy Laws
to which the materials may be subject. SRS makes no
representation, certification, or warranties as to whether
destruction or shredding of materials complies with Privacy Laws.
10. Limitations on Records Responsibility: Unless SRS is contracted by
Client to fully inventory the contents of all materials stored by
Client with SRS, SRS shall not be liable for loss of materials, unless
Client establishes such loss occurred solely because of SRS’ gross
negligence or willful misconduct. Itemized lists or descriptions of
contents of materials submitted by Client to SRS shall be
considered for Client’s recordkeeping, reconciliation and reference
purposes only, and shall not be considered proof that any
documents contained on such lists or descriptions are in fact
contained in the materials accepted by SRS.
11. SUBPOENA: Should SRS be served with a subpoena duces tecum,
request for production of documents or other similar order related
to the production of any or all of the materials, SRS will notify Client
within a commercially reasonable time after receipt thereof, unless
such notice is otherwise prohibited by law. Client recognizes that
SRS’ obligation to respond to such lawfully requested subpoenas
and orders and agrees to reimburse SRS for its reasonable charges
for such compliance.
12. FILING OF CLAIM NOTICE AND SUIT: (a) Claims for loss or damage
must be in writing, and filed with SRS within 10 days after discovery
by Client of such loss, damage or destruction or within 10 days
after Client is notified by SRS that the loss, damage or destruction
has occurred, whichever time is shorter. Notice to SRS must be
made by Certified Mail. (b) No action or suit may be maintained by
the Client or others against SRS for loss, damage or destruction of
the stored materials by SRS pursuant to this Agreement, unless: (1)
timely written claim has been given as provided for above, and (2)
such action or suit is commenced either within six (6) months after
the date of delivery or return by SRS or within six (6) months after
SRS is notified that loss, damage or destruction to part or all of the
stored material has occurred, whichever time is shorter. The
parties agree that the exclusive
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venue for any action against SRS shall be Superior Court of
Chatham County, Georgia. As a material inducement to SRS to
enter into this Agreement, the Client hereby WAIVES ITS
RIGHT TO A TRIAL BY JURY and consents to any action
arising pursuant hereto to be heard by bench trial. We agree that
any dispute between SRS and Client related to this agreement or
the breech of it , if negotiations and other discussions fail, be first
submitted to mediation by agreement before any lawsuit can be
filed.
13. LIMITATION OF LIABILITY: (a) Client recognizes that SRS is not an
insurer of its materials. Client is urged to obtain insurance for itself
sufficient to protect its interest in such materials should they be
lost, damaged or destroyed. Client has been advised and fully
understands and acknowledges that deterioration and aging of
materials is normal and an unavoidable occurrence anticipated
over time. SRS shall not be liable for any damage to or loss or
destruction of materials, however caused, unless such loss,
damage, or destruction is solely caused by SRS’ gross negligence or
willful misconduct, in which case SRS’ liability shall be limited by
this paragraph 13.This Storage Agreement is entered into subject
to any delays, losses or damage which may be caused from (i) an
act, omission or order of Client; (ii) insects, moths and vermin; (iii)
ordinary wear and tear; (iv) defects or inherit vices of the article
stored, including susceptibility to damage because of atmospheric
conditions such as temperatures and humidity or changes therein;
(v) war or hostile war like action in time of peace including
insurrection, terrorism, rebellion, revolution or civil war;
(vi) strikes, lockouts, labor disturbances, riots, civil commotions or
the acts of any person or persons taking part in any such
occurrence; or (vii) acts of God and SRS shall not be liable for any
such damages. To the extent, SRS has any liability; the dollar
amount of the limitations of liability value provided for herein
controls obligations to Client. IN NO EVENT SHALL SRS BE LIABLE
FOR ANY LOSS OF PROFIT OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE,
DATA/INFORMATION BREACH NOTIFICATION REQUIREMENTS TO
THIRD PARTIES UNDER STATE AND/OR FEDERAL LAW, LOST
DATA/INFORMATION, AND RECONSTRUCTION, REGARDLESS OF
THE FORM OF THE CLAIM AND REGARDLESS OF WHETHER ANY
SUCH DAMAGES WERE FORESEEABLE AND REGARDLESS OF THE
CAUSE OF SUCH DAMAGES. CLIENT SHALL CAUSE ITS INSURERS OF
MATERIALS TO WAIVE ANY RIGHT OF SUBROGATION AGAINST SRS.
This limitation of liability shall apply irrespective of the cause of
loss, damage or destruction of the stored materials. (b) Pursuant
to O.C.G.A. Section 11-7-204, Client recognizes and agrees that
SRS’s liability, if any, for lost, damaged or destruction to the
materials shall be limited. In no event shall SRS’ liability with
respect to damage to or loss or destruction of materials or
otherwise related to this Agreement be greater than the fair
market replacement value of each tape reel (maximum
$25.00/tape), disk pack (maximum $200.00/disk pack),
micrographic ($2.00/cubic feet), hard copy/paper (maximum
$1.00/cubic feet), or $1.00 per cubic foot (other media), or the fair
market replacement cost of any type of material not specifically
listed herein. In no event shall SRS be liable for the value of any
information or data contained therein or thereon or any damages
related to or arising out of the loss of said information or data. If
Client believes that the materials have a greater value than the
limits set forth above, Client is advised to obtain insurance to cover
that additional value. SRS’s maximum liability for any and all claims
arising with respect to the Services provided under this Agreement
shall not exceed the aggregate amounts paid by Client with respect
to the Services provided at
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the particular Client location during the six (6) months preceding
the event which gives rise to a claim.
14. DEFAULT: Should Client fail to pay any sum due hereunder in
accordance with this Agreement or fail to comply with any terms
or provision of this Agreement or should Client become insolvent,
or make a general assignment for the benefit of creditors or fail
to cooperate with SRS in a manner that substantially hinders SRS
from providing its services under this Agreement, then Client shall
be deemed in default. Upon default, SRS may exercise its lien
rights as set forth in paragraph 15, demand that Client pick up its
materials, deliver the materials to the delivery address or if none
is specified, to the Client address, terminate this Agreement or
exercise any other right it might have under Georgia law. In
addition to the above, in the event of default and upon thirty (30)
days advance written notice to Client, SRS may return the
materials. (In this regard, Client recognizes that, since the stored
material has little or no market value, the sale of the material
would be impossible, and disposal of Client materials is the only
way for the Company to mitigate its damages.). SRS shall have,
and may exercise, all rights granted to a warehouse by the
Uniform Commercial Code as adopted in the State of Georgia. In
the event SRS takes any action upon the default of Client, it shall
have no liability to Client, anyone claiming through it, or any third
party. SRS possesses a landlord’s lien upon Client’s materials for
fees and charges hereunder. All remedies provided for in this
Agreement are cumulative and may, at the election of SRS, be
exercised alternately, successively or in any other manner or in
addition to any other rights provided by law. SRS shall also be
entitled to collect all reasonable attorneys’ fees and costs
incurred by it in connection with the enforcement of this
Agreement.
15. LIEN: SRS has a lien on all materials for any amounts due to SRS
from Client hereunder including, but not limited to, any other
charges, present or in the future in relating to such materials, its
movement, preservation, sale or other disposal or disposition
pursuant to the terms of this Agreement. Without limiting the
terms above, SRS shall have a lien on such property to the full
extent authorized under O.C.G.A. Section 11-7-210. No advances
have been made or liabilities incurred by SRS for which it claims a
lien prior to the date of the execution of this Agreement.
16. EARLY TERMINATION: SRS shall have the right, not withstanding
anything else contained in this Agreement to the contrary, to
terminate the Agreement pursuant to the provisions of O.C.G.A.
Section 11-7-206 or for any default as set forth in paragraph 14
upon ten (10) days written notice to Client.
17. LAW: This Storage Agreement is made and entered into and shall
be governed by and construed in accordance with the laws of the
State of Georgia.
18. CONFIDENTIALITY: SRS shall implement and maintain reasonable
safeguards designed to protect the confidentiality of client’s
information. SRS shall not disclose the content of any information
in SRS’s possession to any third party, except as required by Law.
19. COMPLETE AGREEMENT: This Agreement embodies the entire
Agreement and understanding of the parties hereto and
supersedes any and all prior written agreements or
understandings. This Agreement may be modified only by
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written instrument signed by each of the parties hereto. The
provisions provided for herein are deemed to be severable.
The undersigned Client acknowledges and agrees that it, by and
through its undersigned representative, has read this Agreement
in its entirety and understands and acknowledges all of the terms
and conditions. Client agrees to be bound by all of said terms and
conditions.
Client: City of Tybee Island
Print Name
Signature Date
Secure Records Solutions, LLC
105 Baybrook St
Post Office Box 1866
Thomasville, GA 31799-1866
W. Powell Jones, President Date
118
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. Lease, Tybee Island Marine Science Center
119
X:\Clients\000572\000572\022849\02-24-2020 - Draft 15 yr term
with option to renew 1 time MSC Lease redline .docx
LEASE
THIS LEASE ("Lease") made and entered into as of this _____ day of ________________,
2019 by and between CITY OF TYBEE ISLAND, GEORGIA (hereinafter “City”) and TYBEE
ISLAND MARINE SCIENCE CENTER FOUNDATION, INC., a Georgia Non-Profit Corporation,
d/b/a Tybee Island Marine Science Center (hereinafter “MSC”), upon the following terms and conditions:
RECITALS
WHEREAS, the City and MSC desire that MSC lease certain property hereinafter described and
improvements thereon consisting of the Marine Science Center (“the Center”) for the purposes of
providing cultural, educational, museum and recreational programs and facilities related to beach and
marine life, all as hereinafter provided;
WHEREAS, the City is a municipal corporation under Georgia law authorized to provide
recreational, governmental, public health, and similar activities and facilities to citizens and is desirous
of improving its ability to do so; and
WHEREAS, MSC is a non-profit corporation engaged in providing educational and recreational
programs and facilities dealing primarily with beach and marine life, as well as environmental issues;
and
WHEREAS, the City has contracted for the construction of a facility to be used and operated as the
Marine Science Center located on the north end of Tybee Island in the North Beach parking lot
(hereinafter the “Property” or the “Premises”); and
WHEREAS, the location was deemed suitable for the construction of a municipal building to be
used for MSC purposes, including recreation, cultural and education; and
WHEREAS, in light of the volunteer services provided by MSC in the context of enhancing the
community of the City and tourism therein and recreational activities therein; and
WHEREAS, the City has the power and authority to dispose of or lease real property pursuant to
its charter; and
WHEREAS, the City has secured Recreational Authority Bond Funding for the express purpose of
providing financing for the construction and operation of the Marine Science Center pursuant to certain
limitations and restrictions; and
WHEREAS, the parties have been pursuing the construction of the Center for many years and
the leasing of the Property and the Center by the City to the Marine Science Center; and
WHEREAS, on March 18, 2003, the voters of Chatham County voted in favor of a Special
Purpose Local Option Sales Tax (“Referendum”) for which certain capital improvement projects as
designated in Attachment 4 of the SPLOST Resolution of the Board of Commissions of Chatham
County adopted on February 14, 2003 (“SPLOT Resolution”); and
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WHEREAS, the Center was and is one of the projects listed for the City in the
Intergovernmental Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by
the County to Municipalities for Capital Outlay Projects, for General Obligation Debt, and Road, Street
and Bridge Purposes by and among Chatham County and eight municipalities of Chatham County,
including the City (“Intergovernmental Agreement”); and
WHEREAS, other capital improvement projects identified in the SPLOST Resolution and the
Intergovernmental Agreement are enumerated as cultural, recreational, and historic facilities along with
projects that will result in services to assist the health, safety, and welfare on a county-wide basis; and
NOW, THEREFORE, in consideration of the premises hereof and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree
as follows:
ARTICLE I - DEFINITIONS
Unless the context otherwise specifies or requires, the following terms shall have the meanings
specified herein:
1.1 Base Rent. For the period from the Commencement Date through December 31, 2025 the
term "Base Rent" shall mean the sum of Ten Dollars ($10.00) per calendar year (prorated for the period
of the Commencement Date through December 31, 2020); during the period of January 1, 2026 through
December 31, 2030 the term "Base Rent" shall mean the sum of Five Thousand Dollars ($5,000.00) per
calendar year; and during the period of January 1, 2030 through December 31, 2035 and for the renewal
term unless otherwise agreed, , the term "Base Rent" shall mean the sum of Ten Thousand Dollars
($10,000.00) per calendar year.
1.2 Additional Rent. . As of the Commencement Date, as “Additional Rent” MSC shall payl
an annual sum of $12,100.00 payable in equal monthly installments to be adjusted to reflect the actual
insurance cost to the City for it providing fire and extended coverage insurance on the improvements.
The $12,100.00 figure is an estimate and will be adjusted including for premium increases during the
term of the Lease. In the event MSC procures insurance on the building and improvements that
adequately protects the interest of the City such that the City’s premiums can be reduced or eliminated,
the rent will be adjusted or eliminated in accordance therewith. This Additional Rent is as to the fire and
extended coverage insurance on the improvements only and it does not relieve the MSC of its obligations
to provide the various insurance coverages as provided in Article 10 hereof.
For purposes of this Lease, all amounts payable by MSC that inure to the benefit of City pursuant to
this Lease, whether or not denominated as such, (e.g. maintenance and repairs) shall also constitute
Additional Rent hereunder. Such Additional Rent, together with the Base Rent, shall sometimes be
referred to in this Lease as "Rent."
1.3 Commencement Date. The term "Commencement Date" shall be as of the ____ day of
_____ 2020.
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1.4 Event of Default. The term “Event of Default” shall be as defined in Section 15.1.
1.5 Expiration Date. The term "Expiration Date" shall mean December 31, 2035, unless
renewed pursuant to Section 3.2.
1.6 City's Address For Notices. The term "City's Address for Notices" shall mean: CITY OF
TYBEE ISLAND, GEORGIA, P.O. Box 2749, Tybee Island, Georgia, 31328, Attention: City Manager,
with a copy to City Attorney, at P.O. Box 2749, Tybee Island, Georgia, 31328.
1.7 Premises/Property. The term "Premises" or "Demised Premises" or "Leased Premises" or
“Property” shall mean that certain parcel of real property with the improvements thereon on the north
end of Tybee Island in the North Beach parking lot City of Tybee Island, Chatham County, Georgia
which is the _______ property identified as Parcel 2 on the Plat of Lot 2367 of a Recombination of
Portions of Lots 6 & 7, Block 8, A Portion of Lot 2 & All of Lot 3, Block 9 & Portions of Wrenwood
Avenue & the Former United States Coast Guard Property, Fort Screven Ward, Tybee Island, Georgia
dated , 2014 by Bert Barrett, Jr. Land Surveying, P.C. attached as Exhibit "A". Said Parcel
2 being an area of _____ square feet.
Pursuant to the Agreement of even date herewith between Limewood Drive Owner, LLC, the
Marine Science Center Foundation, LLC and the City of Tybee Island, the following described property
shall also be included as part of the term “Premises” or “Demised Premises” or “Leased Premises” or
“Property”. The parcel on the plat attached hereto as Exhibit “____” is identified as Parcel 2B consisting
of a portion of Limewood Drive right-of-way, which is the subject matter of such agreement to which a
copy of this lease agreement is attached as Exhibit “___”.
1.8 MSC's Address For Notices. The term "MSC's Address for Notices" shall mean: TYBEE
ISLAND MARINE SCIENCE FOUNDATION, INC., PO Box 1879, Tybee Island ,Georgia, 31328
Attention: Executive Director, maria@tybeemarinescience.org, with a copy to: Lane A. Johnson c/o
Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street, Savannah, GA 31401.
1.9 MSC’s Permitted Uses. The term "MSC’s Permitted Uses" shall mean the maintenance and
operation of the Center as a cultural, educational, museum and recreational facility, which shall include,
but not be limited to, providing programs and undertaking projects related to beach and marine life. The
MSC may only use or authorize the use of the premises for programs, projects or events that are consistent
with its current mission statement. Permitted Uses is deemed to include events and gatherings such as
weddings, family reunions, school reunions, parties or social events and especially birthday parties for
children.
The mission statement of the MSC states: “Our mission is to cultivate a responsible
stewardship of coastal Georgia’s natural resources through education, conservation and research.
The name shall remain The Tybee Island Marine Science Center and any sign for the building
shall be subject to the approval of the City.
1.10 Transaction Closing Date. The term "Transaction Closing Date" shall mean the date this
Lease is fully executed by all parties.
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1.11 Method of Notice. MSC and the City shall follow the method of providing notices to the
other party outlined in Section 19.1 of this Lease.
ARTICLE II - PREMISES
2.1 Lease of Premises. City hereby leases the Premises to MSC, and MSC hereby leases the
Premises from City, upon all of the terms, covenants and conditions contained in this Lease, subject to (i)
any state of facts an accurate survey of the Premises would show; (ii) any state of facts a personal
inspection would show; (iii) rights, easements and restrictions of record; and (iv) all present and future
state or federal laws, orders and regulations.
2.2 Acceptance of Premises. MSC acknowledges that City has not made any representation or
warranty with respect to the condition of the Premises or with respect to its suitability or fitness for the
conduct of MSC's Permitted Use or for any other purpose, and MSC acknowledges that it is accepting
the Premises "AS IS."
ARTICLE III - TERM
3.1 Term. Unless sooner terminated as provided in this Lease, the term of this Lease (the "Term"
or "Lease Term") shall be for the period commencing on the Commencement Date described in Section
1.2 of this Lease and ending on the Expiration Date described in Section 1.4 of this Lease, and if renewed
as per Section 3.2, “Lease Term” as used in this Lease shall be deemed to include any and all Renewal
Terms.
3.2 Renewal Terms. If no Event of Default (as hereinafter defined) shall have occurred and
this Lease shall otherwise be in full force and effect and so long as not deemed as being beyond the
authority of the City to enter into a Lease for a period exceeding fifteen (15) years, MSC shall have the
right to extend the term of this Lease for one (1) additional period of five (5) years. Such ( five (5)
year term hereinafter called a "Renewal Term" ) by delivering written notice for such renewal to City
at least ninety (90) days, but not more than three hundred sixty (360) days, before the Initial Term
expires. If MSC exercises the foregoing right to extend the term of this Lease for the Renewal Term, all
terms and provisions of this Lease (other than the Renewal Term) shall remain in full force and effect,
except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after the
expiration of the initial Term. In the event there exists an Event of Default the foregoing right or ability
of MSC to extend the term shall be terminated and non-exercisable by MSC.
ARTICLE IV - RENTAL; PAYMENT OF OPERATING EXPENSES AND OTHER CHARGES
4.1 Base Rent.
(A) Upon the execution of this Lease by MSC, MSC shall pay the prorated amount of the
Base Rent through December 31, 2020, plus the sum of $20 for the Base Rent for calendar years ending
2021 and 2022. The Base Rent for calendar years 2023, 2024 and 2025 shall be paid on January 2nd of
each year. During the Lease Term, MSC shall pay to City as rental for the Premises the Base Rent in the
manner described in Section 1.1. City acknowledges receipt, as of the date hereof, of advance payment
by MSC in the amount of $20 for the first two (2) calendar years of the Term, i.e. calendar years 2020
and 2021.
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(B) Beginning January 2026 and through December 2030, MSC shall pay the Base Rent of
$5,000.00 per year in equal monthly payments of $416.67 due and payable on the first day of each month.
(C) Beginning January 2030 and through December 2035 and for the renewal term unless
otherwise agreed upon, MSC shall pay the Base Rent of $10,000.00 per year in equal monthly payments
of $832.33 due and payable on the first day of each month.
4.2 Expenses and Other Charges. MSC shall, during the Term of this Lease, as additional rent,
pay and discharge punctually, as and when the same shall become due and payable, and before any
governmental impositions and charges and obligations owed to governmental authorities of every kind
and nature whatsoever, extraordinary as well as ordinary and each and every installment thereof which
shall or may during the Term of this Lease be charged, levied, laid, assessed, imposed, become due and
payable or liens upon, or for, or with respect to, the Premises or any part thereof, the buildings and
improvements appurtenances or equipment owned by MSC thereon or therein or any part thereof,
together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances,
requirements, orders, directives, rules or regulations of the federal, state, and local governments
whatsoever during the term of this Lease.
4.3 Payment. The Base Rent for years 3-5 ($10.00 per year) shall be paid on or before
January 15th of each calendar year.
4.4 Additional Rent. For purposes of this Lease, all amounts payable by MSC that inure to the
benefit of City pursuant to this Lease, whether or not denominated as such, (e.g. maintenance and repairs)
shall constitute additional rent hereunder. Such additional rent, together with the Base Rent, shall
sometimes be referred to in this Lease as "Rent."
ARTICLE V – CONSTRUCTION OF IMPROVEMENTS AND TITLE
5.1 Construction of Improvements. The City shall construct, or cause to be constructed, all
buildings, HVAC and similar equipment and components thereof, including, all driveways, parking areas,
landscaping, sidewalks and all other areas of the Premises (the "Improvements") in accordance in
accordance with plans and specifications as approved by the City in writing and in compliance with all
Applicable Laws (as hereinafter defined).
5.2 Title to Improvements. Title to all Improvements situated or erected on the Premises by the
City and/or MSC shall remain solely in the City. Upon the expiration or earlier termination of this Lease,
all of MSC's right and interest in and to the Premises and the Improvements shall automatically and
without notice vest in City and MSC shall quit possession and occupancy and surrender the Premises and
all Improvements thereon to City. Notwithstanding the foregoing, title to any moveable furniture,
equipment, inventory and other personal property installed by MSC (including personal property which
is uniquely the property of a marine science facility) and located upon the Premises and which may be
removed without damage to the Improvements and without impairing its value shall remain in MSC
provided that MSC removes the same within a reasonable period of time, not to exceed thirty (30) days
following the expiration or termination of this Lease. Subject to the foregoing sentence, all fixtures
attached to the Improvements are to remain and become the possession of the City.
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ARTICLE VI - USE OF PREMISES
6.1 MSC's Permitted Use. MSC shall use the Premises only for MSC's Permitted Use as set
forth in Section 1.8 above and shall not use or permit the Premises to be used for any other purpose
without the prior written consent of City. MSC shall, at its sole cost and expense, obtain all governmental
licenses and permits required to allow MSC to conduct MSC's Permitted Uses. City disclaims any
warranty that the Premises are suitable for MSC's use and MSC acknowledges that it has had a full
opportunity to make its own determination in this regard.
6.2 Compliance With Laws and Other Requirements.
(A) MSC shall cause the Premises to comply with all laws, ordinances, regulations and
directives of any governmental authority having jurisdiction, including without limitation, any certificate
of occupancy and any law, ordinance, regulation, covenant, condition or restriction affecting the Premises
which in the future may become applicable to the Premises (collectively "Applicable Laws").
(B) MSC shall not use the Premises or permit the Premises to be used in any manner which
violates any Applicable Law.
6.3 Hazardous Materials.
(A) From and after the date of this Lease, MSC shall not cause or permit any "Hazardous
Materials" (as defined herein) to be "handled" (as defined herein) upon, about, above or beneath the
Premises or any portion of the Improvements by or on behalf of a Responsible Party (as defined herein),
except in compliance with Environmental Laws (as defined herein) and this Lease. Notwithstanding the
foregoing, normal quantities of those Hazardous Materials customarily used in maintenance, including
cleaning, may be handled at the Premises. Hazardous Materials shall be handled at all times in compliance
with all applicable Environmental Laws.
(B) Notwithstanding the obligation of MSC to indemnify City pursuant to this Lease, MSC
shall, at its sole cost and expense, promptly take all actions required by any federal, state or local
governmental agency or political subdivision, which requirement arises from the MSC’s handling of
Hazardous Materials upon, about, above or beneath the Premises. Such actions shall include, but not be
limited to, the investigation of the environmental condition of the Premises, the preparation of any
feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work.
MSC shall take all actions necessary to satisfy any remediation requirements under applicable
Environmental Laws, shall provide reasonably detailed notice to City of any such actions (prior to the
action being taken unless prior notice is not reasonably possible) and, if reasonably possible, provide City
with a reasonable opportunity to comment upon such proposed actions prior to their being undertaken
(provided that in no event shall prior notice to City or City’s approval be required before any such action
may be taken in any event).
(C) "Environmental Laws" means and includes all now and hereafter existing statutes, laws,
ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by
any federal, state or local governmental authority regulating, relating to or imposing liability or standards
of conduct concerning hazardous materials or the environment, including, without limitation, the
following:
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The Comprehensive Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. §9601, et seq.) (together with the regulations promulgated thereunder, "CERCLA")
the Resource Conservation and Recovery Act, as amended (42 U.S.C. §6901, et seq.) (together with the
regulations promulgated thereunder, "RCRA"), the Federal Water Pollution Control Act, as amended (22
U.S.C. §1251, et seq.) (together with the regulations promulgated thereunder, "CWA"), the Clean Air
Act, as amended (42 U.S.C. §7401, et seq.) the Hazardous Materials Transportation Act, as amended (49
U.S.C. §1801, et seq.) (together with the regulations promulgated thereunder, "HMTA"), the Federal
Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. §136, et seq.) (together with the
regulations promulgated thereunder, "IRFA"), the Safe Drinking Water Act, as amended (42 U.S.C.
§300f, et seq.) (together with the regulations promulgated thereunder, "SDWA"), the Toxic Substances
Control Act, as amended (15 U.S.C. §2601, et seq.) (together with the regulations promulgated thereunder
"TSCA"), the Georgia Hazardous Waste Management Act (O.C.G.A. §12-8-60, et seq.), the Georgia
Water Quality Control Act (O.C.G.A. §12-5-20 et seq.), and the Georgia Air Quality Act (O.C.G.A. §12-
9-1 et seq.).
(D) "Hazardous Materials" means (a) any material or substance: (i) which is defined or
becomes defined as a "hazardous substance," "hazardous waste," "infectious waste," "chemical mixture
or substance," or "air pollutant" under Environmental Laws; (ii) containing petroleum, crude oil or any
fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) containing asbestos; or (v) which
is radioactive; (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive
characteristics, as all such terms are used in their broadest sense, and are defined or become defined by
Environmental Laws; or (c) materials which cause a nuisance upon or waste to the Premises or any portion
of the Improvements.
(E) "Handle," "handle," "Handled," "handled," "Handling" or "handling" shall mean any
installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture,
refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of
any type in connection with or involving Hazardous Materials; excluding any Hazardous Materials
existing on the Premises prior to the Commencement Date, and any migration of Hazardous Materials
onto the Premises from a source not at the Premises.
(F) "Responsible Party" shall mean MSC, its subtenants and its assignees, any occupants of all
or any portion of the Premises, and their respective contractors, clients, officers, directors, employees,
agents, customers, suppliers, guests and invitees, or any of them as the case may be during the Term of
this Lease.
(G) MSC shall expressly not be responsible for, and to the extent allowable by law, shall be
entitled to seek contribution or other appropriate relief from the City with respect to any liability and
City to the extent allowable by law shall indemnify MSC for claims relating to: (i) a violation of
Environmental Laws or the presence of Hazardous Materials on, in or under all or any portion of the
Leased Premises to the extent attributable to an act or omission of the City; or (ii) any Hazardous
Materials on, in or under all or any portion of any parcels of land owned by City that are adjacent to
the Leased Premises (the term "adjacent" as used herein being deemed to mean parcels of land sharing
a common boundary line with the Leased Premises), unless the presence of Hazardous Materials was
caused or contributed to by MSC or a Responsible Party (collectively “Claims”). City agrees that it
shall not object to or resist being joined as a named party as to the adjudication of such Claims; however,
nothing herein precludes City from asserting any defense to the Claims, including the defense of
sovereign immunity, or asserting any counterclaim that City may have or from seeking indemnification
or contribution from third parties.
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ARTICLE VII - UTILITIES AND SERVICES
7.1 Services. The City reserves the right during the Term of this Lease to grant easements for
public utility purposes on, over or below the Premises without any abatement in rent, and without the
same being deemed an event of default of City hereunder, provided that said easements do not
unreasonably interfere with the normal operation of the Premises by MSC or damage any Improvements.
City shall not be required to pay for any service or supplies in connection with the Premises.
7.2 Payment for Utilities and Services. MSC shall be fully responsible for payment of all
utilities and services for the Leased Premises, including but not limited to water, sewage, refuse
collection, security, janitorial, electricity, gas, telephone, internet, cable and satellite communications
ARTICLE VIII - MAINTENANCE AND REPAIRS
8.1 MSC's Obligations.
(A) Maintenance. At all times in connection with its operation of the facility, the MSC shall
provide maintenance consistent with the maintenance manual delivered or to be delivered by the final
product or components with the contractor responsible for construction of the building and/or the
contractor responsible for the manufacture, design and construction of the component parts of the facility
and/or building and all improvements thereon, including the furnishings, recreational items and exhibits,
and shall specifically wash not less frequently than the manufacturer’s maintenance recommendations,
and in no event no less than bi-weekly, the exterior components of the building, including the exterior
rails of power coat and store front or window framings so as to protect from the elements to the fullest
extent possible.
(B) Negligent Act Repairs. MSC shall, throughout the Lease Term at its own cost and expense,
repair or replace any damage or injury to all or any part of the Premises and Improvements thereon caused
by the negligent acts or omissions of MSC, its employees and agents, except to the extent that said cost
and expense shall be covered by insurance.
As used in this Section 8.1 & Section 8.2 the term “date of completion of construction” for any
portion or phase shall be the date the certificate of occupancy is issued for said portion or phase.
8.2 City’s Obligations City shall have no duty to make repairs or improvements to the premises
except structural repairs and repairs to the building’s electrical, mechanical, plumbing and HVAC
systems constructed by the City and which are necessary for safety and/or the intended use of the building,
the necessity for which (i) City is notified in writing by MSC and (ii) not brought by any act or neglect
of MSC, its agent, employees or visitors.
8.3 City's Rights. City and its contractors shall have the right, upon reasonable advance notice,
at reasonable times, to enter upon the Premises to exercise any right reserved to City hereunder; provided,
that MSC’s use and enjoyment of the Premises shall not be disturbed.
8.4 Liens. MSC shall pay when due all costs for work performed and materials supplied to the
Premises in the course of maintenance and repair. MSC shall not suffer or permit any liens to be filed or
exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or
claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any
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such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof,
cause the same to be discharged of record by payment, deposit, bond, order of court of competent
jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within
such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so
paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or
demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all
requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss,
cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS
DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC
PROPERTY.
ARTICLE IX - IMPROVEMENTS, ADDITIONS AND ALTERATIONS,
9.1 Construction and Contracting. The City has engaged West Construction Company, GA
LLC to construct the building and improvements which are the subject matter hereof subject to the
agreement of the Marine Science Center to be responsible for the furniture, fixtures and exhibits.
9.2 Completed Construction. As contemplated by the parties hereto, at the time of the
execution of this Lease the construction of the improvements to the Premises will be completed as far
as the building itself is concerned, although there may be additions or alterations to exhibits, furnishings
and interiors.
9.3 Alterations. MSC may make any additions, alterations or changes (sometimes collectively
referred to herein as "Alterations") in or to the Improvements subject, however, to the following conditions:
(a) No Alterations shall be made that would materially impair the structural soundness of the
Improvements;
(b) No Alterations shall be undertaken until MSC shall have procured, to the extent the same may be
required from time to time, all permits and authorizations of all applicable governmental authorities.
(c) Any Alterations shall be performed in good and workmanlike manner and in compliance with all
applicable legal requirements and all applicable Insurance Requirements; and
(d) The City must approve all substantial structural alterations prior to the commencement of work
("substantial" meaning single alterations costing in excess of $25,000 or alterations that materially affect
the functional design or scope of the Improvements).
9.4 Liens. MSC shall pay when due all costs for work performed and materials supplied to the
Premises whether in the course of maintenance and repair or in the making of additions, alterations or
changes to the Improvements or otherwise. MSC shall not suffer or permit any liens to be filed or exist
against the Premises or any part thereof, by reason of work, labor, services or materials supplied or
claimed to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any
such lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof,
cause the same to be discharged of record by payment, deposit, bond, order of court of competent
jurisdiction or otherwise. If MSC fails to pay and remove or bond such lien, claim or encumbrance within
such thirty (30) days, City, at its election, may pay and satisfy the same and in such event the sums so
paid by City shall be deemed to be additional rent due and payable by MSC at once without notice or
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demand as per Section 4.4 hereof. MSC shall otherwise observe and comply with any and all
requirements under Georgia Law, and shall indemnify, defend and hold City harmless from any loss,
cost, or damage incurred by City as a result of the assertion of any lien claim. NOTHING HEREIN IS
DEEMED TO BE A WAIVER OF THE PROHIBITION AGAINST LIENS UPON PUBLIC
PROPERTY.
9.5 Right of Access to Dune Crossover. Attached hereto as Exhibit B is an aerial photograph of
the Property. As shown on Exhibit B, immediately adjacent to the northeast corner of the Property is a
dune crossover owned and maintained by the City and which provides public access to and from the
beach located east of the Property. MSC shall not hinder or prevent the public’s pedestrian access or use
of the dune crossover and shall permit the public to traverse the Property in order to gain pedestrian access
or exit from the dune crossover. There shall be an ADA-Compliant or ADAAA-Compliant, as
appropriate, public right of way for pedestrian access to and from the dune crossover, construction of
which shall be completed by MSC before MSC receives its Certificate of Occupancy for the
Center. Nothing in this Lease is intended to preclude or prevent emergency or rescue vehicle access to
the dune crossover in emergency situations.
9.6 Parking Spaces. The parking spaces for the structure and employees or agents of the Marine
Science Center shall be subject to a memorandum of understanding between the City and the MSC similar
to memorandums of understanding as have been agreed to in the past with respect to the existing south
end location of the MSC.
ARTICLE X - INDEMNIFICATION AND INSURANCE
10.1 Indemnification. MSC and MSC's permitted assignees and subtenants agree to protect,
indemnify, hold harmless, and defend the City, and its elected or appointed officials, agents and
employees, successors and assigns (collectively "Indemnitees") (except for any events arising out of the
negligence, breach of contract, or willful acts of City, its agents or employees and except with respect to
any Pre-Existing Environmental Condition as per Sections 6.3(G) and 8.2(C)) from and against:
(A) any and all loss, cost, damage, liability or expense incurred (including but not limited to
actual reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment
brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to,
bodily injury, including death, or property damage sustained by such person or persons which arises out
of, is occasioned by the use or occupancy of the Premises or any portion of the Improvements by MSC
or the acts or omissions of MSC or its agents, employees, contractors, clients, invitees or subtenants
relating to the Premises. Such loss or damage shall include, but not be limited to, any injury or damage
to, or death of, City's employees or agents or damage to the Premises or any portion of the buildings or
improvements located thereon.
(B) any and all Environmental Damages which arise from (i) the Handling of any MSC
Hazardous Materials, as defined in Section 6.3 or (ii) the breach of any of the provisions of this Lease.
For the purpose of this Lease, "Environmental Damages" shall mean (a) all claims, judgments, damages,
penalties, fines, costs, liabilities, and losses, (including, without limitation, diminution in the value of the
Premises) (b) all reasonable sums paid for settlement of claims, reasonable actual attorneys' fees,
consultants fees and experts fees; and (c) all costs incurred by City in connection with investigation or
remediation relating to the Handling of MSC's Hazardous Materials to the extent MSC does not perform
all such investigation and remediation as is required by applicable Environmental Laws. To the extent
that City is strictly liable under any Environmental Laws as owner, MSC's obligation to City and the other
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indemnitees under the foregoing indemnification shall likewise be without regard to fault on MSC's part
with respect to the violation of any Environmental Law which results in liability to the indemnitees.
MSC's obligations and liabilities pursuant to this Section 10.1 shall survive the expiration or earlier
termination of this Lease.
(C) any and all testing or investigation as may be required by any governmental agency for the
purpose of investigating the presence of MSC's Hazardous Materials that may not be in compliance with
Environmental Laws.
(D) notwithstanding anything to the contrary contained herein, nothing shall be interpreted or
used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurers to
either MSC or City.
Nothing herein shall be construed to infer or imply that MSC is a partner, joint venturer, agent, employee,
or otherwise acting by or at the direction of the City.
10.2 Insurance.
(a) MSC shall maintain or shall cause to be maintained the following insurance coverages:
i. Commercial General Liability Insurance (Primary and Umbrella). Commercial liability insurance
or equivalent with limits of not less than $1,000,000 with respect to any injury to any one person;
$1,000,000 with respect to injury or damage to property; and $3,000,000 general aggregate for bodily
injury, personal injury and property damage liability. The deductible or self-insured retention shall not
be greater than $10,000.00. In addition, MSC shall obtain umbrella coverage of $5,000,000. Coverage
extensions shall include the following: premises and operations, subcontractors, cross liability, products
and completed operations, broad form property damage, blanket contractual liability, explosion,
collapse and underground coverages (XCU), personal injury and errors and omissions. The City is to
be named as an additional insured.
ii. Property/Casualty Insurance. The City of Tybee Island will procure and maintain fire and extended
coverage to insure the structure while the tenant shall insure its contents and equipment, including but
not limited to MSC’s furnishings, exhibits, signs, outdoor artworks and displays. The cost to the City
of insuring the building is presumably less than that to the
Tenant. Thus, the Tenant shall pay to the landlord the cost to the landlord of providing the building
insurance. Tentant shall maintain insurance coverages in compliance with the insurance specifications
contained in exhibit ____ attached hereto. Tenant also agrees to maintain a special form property and
casualty insurance coverage against loss or damage to its personal property and improvements. Such
insurance shall also cover tenants loss of income in an amount sufficient to cover tenant’s obligations
for expenses of this lease for a period of at least twelve (12) months. Tenant shall deliver to landlord
a certificate of insurance at least fifteen (15) days prior to the Commencement Date and a renewal
certificate at least fifteen (15) days prior to the expiration of the policy which it covers. Such policies
must provide for thirty (30) days prior written notice to landlord in the event of a material change or
cancellation of the policy. Such property insurance coverage shall provide for replacement cost
valuation.
iii. Personal Property Insurance. Property insurance in an amount not less than the full replacement cost
of all personal property located in or about the Leased Premises, including all personal property located
outdoors such as signs, artworks, displays, etc. (minimum $100,000.00), against direct and indirect
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loss or damage by fire, vandalism and malicious mischief and other casualties and risks covered under
“all risk, special extended coverage endorsement” insurance.
iv. Flood Insurance. Flood insurance in the maximum limit of coverage under the National Flood
Insurance Act of 1968 and the Flood Disaster Protection Act of 1973.
v. Workers’ Compensation Insurance. Workers’ compensation insurance and any other applicable
statutory benefits as required by Georgia of federal law.
vi. Insurance Endorsement. All policies shall be endorsed (a) to name the City as an additional insured
and as a loss payee; and (b) to waive subrogation rights against the City.
vii. Insurance Companies. All insurance shall be carried with companies that are authorized to do business
in the State of Georgia and rated not less than A-VIII in Best's Insurance Guide and a Standard and Poor's
claims paying ability rating of not less than AA.
(b) Applicable policies must be in place on or before the completion of construction, i.e. the issuance
of the certificate of substantial completion.
i. MSC shall provide the City with a certificate of insurance (or, at the City’s option, copies of the
applicable policies) as evidence of the limits and coverages described above, which shall be
acknowledged and accepted by the City by issuing a notice of acceptance and which shall affirmatively
state that:
a. The coverage is written on an occurrence form;
b. The City is named as an additional insured and loss payee (as applicable); and
c. Subrogation is waived.
ii. No such policy shall be subject to cancellation or modification without thirty (30) days prior written
notice to the City. MSC shall furnish the City with a replacement certificate with respect to any insurance
not less than thirty (30) days prior to the expiration of the current policy. MSC shall require its
contractors to comply with this provision.
iii. In the event that MSC’s insurance, or the insurance required by any other entity under this Lease, is
scheduled to expire during the Term of this Lease, MSC or the other entity shall provide the City with
copies of renewal certificates thirty (30) days prior to the expiration date of the expiring coverage.
iv. The insurance contracts shall require the insurance company to notify the City in the event of a
substantial change in coverage during the policy term.
(c) The City may maintain any other casualty or liability insurance it deems appropriate for its benefit with
the City being the sole insured and loss payee.
10.3 Claims. In the event of an insurance claim under the insurance policies contemplated by
Section 10.2 hereof, MSC will notify the City within sixty (60) days following discovery of the claim
by MSC. In addition, MSC will investigate and furnish the City with reports of all accidents, claims
Commented [A1]: Ask Dana
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and known potential claims for damage or injury and will cooperate with its insurers and those of the
City.
10.4 Restoration in the Event of Casualty. If any act or occurrence of any kind or
nature shall result in damage to or loss or destruction of the Improvements, in whole or in part, the
insurance proceeds, if any, made available shall promptly be used for the restoration, reconstruction,
and/or repair of the Improvements as nearly as possible to its condition and character immediately prior
to such casualty. If such insurance proceeds and other available funds are not sufficient so that
restoration, reconstruction, or repair can be undertaken, or is otherwise determined to be not feasible,
such proceeds shall be paid equitably divided between City and MSC, based on formula provided for
condemnation in Section 12.2.
10.5 Waiver of Subrogation. Each party hereby waives any right of recovery against the other
for injury or loss covered by insurance, to the extent of the injury or loss covered thereby. Any policy of
insurance to be provided by MSC pursuant to this Article X shall contain a clause denying the insurer any
right of subrogation against City.
10.6 Failure to Insure. If MSC fails to maintain any insurance which MSC is required to maintain
pursuant to this Article X, the City may, but shall not be obligated to, upon notice to MSC (said notice
may be delivered via facsimile, e-mail, or by hand) promptly procure such policies of insurance, in which
case MSC shall reimburse City upon demand for the cost thereof, together with interest thereon at the
lesser of the maximum rate permitted by law, if any, or twelve percent (12%) per annum from the date
due to the date paid, as additional rent and, in addition, MSC shall be liable to City for any loss or cost
resulting from such failure to maintain. MSC may not self-insure against any risks required to be covered
by insurance.
ARTICLE XI - DAMAGE OR DESTRUCTION
11.1 Continuation of Lease. This Lease shall not terminate, nor shall there by any abatement of
Rent or any other charges to be paid by MSC hereunder, or relief from any other obligations of MSC
hereunder as a result of the partial or total destruction of the Premises or the Improvements.
ARTICLE XII - CONDEMNATION
12.1 Condemnation. If the entire Premises or a portion thereof shall be taken by condemnation,
sale in lieu of condemnation or in any other manner for any public or quasi-public purpose (collectively
"Condemnation"), as to render, in MSC’s reasonable judgment, the balance unusable by MSC, this Lease
shall terminate with respect to the entire Premises or to such portion, as the case may be, on the date that
title or possession to the Premises is taken by the condemning authority, whichever is earlier, but in the
event that less than the entire Premises is taken by Condemnation, only after written notice from MSC
with respect to MSC’s intent as to the remainder of the Premises. In the event that this Lease is not
terminated as provided above, the Lease shall continue in full force and effect and unmodified as to the
remainder of the Premises.
Notwithstanding any provision contained herein, in the event of a partial taking the Improvements
shall be rebuilt and restored subject to the determination of feasibility by the City; however, the City shall
not exercise its right of eminent domain against the Premises.
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12.2 Apportionment of Award. If there is a Condemnation, whether whole or partial, the
City shall be entitled to receive and retain the entire portion of the award for the value of the land and the
portion of the award for the Improvements shall be apportioned between City and MSC. City’s portion of
the award for the structure and improvements shall be the amount of the total award multiplied by a fraction
of which the numerator is the total SPLOST funds expended and the denominator being the total costs of
construction. MSC’s portion of the award for the structure and improvements shall be the amount of the
total award multiplied by a fraction of which the numerator is the total funds expended for construction
less the total SPLOST funds and the denominator being the total costs of construction. In the event of
Condemnation, City shall be the sole representative in seeking the award from the condemning authority
and shall have full authority regarding settlement of the entire claim.
City and MSC shall use any award from a whole taking for the construction of a new marine
science center subject to the determination of feasibility by the City.
ARTICLE XIII – NO LEASEHOLD MORTGAGES
13.1 No Right to Mortgage Leasehold. MSC shall have no right to mortgage its leasehold
interest in the Premises to any entity whatsoever.
ARTICLE XIV - ASSIGNMENT AND SUBLETTING
14.1 Restriction on Assignment. MSC shall not, without the prior written consent of City,
either voluntarily or by operation of law, assign, or otherwise transfer this Lease or any interest herein,
nor sublet or encumber all or any portion of the Premises. Any person to whom any Transfer is attempted
without such consent shall have no claim, right or remedy whatsoever hereunder against City, and City
shall have no duty to recognize any person claiming under or through the same. Any assignment,
subletting or other action in violation of the foregoing shall be void and, at City's option, shall constitute
a material breach of this Lease. Nothing herein is intended to prevent or preclude MSC from allowing
third parties to use a portion or all of the Premises for properly permitted special events and said use shall
not constitute a transfer of an interest in this Lease or a “sublet” or “subletting” of the Premises under this
Article XIV.
14.2 Prohibited Transfers. MSC agrees that it will not, (1) assign this Lease or any of
its rights under this Lease as to all or any portion of the Premises and Improvements, or (2) make or
permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage,
pledge, encumbrance or other transfer of any or all of the Premises or Improvements or the occupancy
or use thereof, without first obtaining the City's express written consent thereto.
14.3 City's Consent; Standards. The City shall be free to withhold its consent to any assignment
or sublease of all of the Premises and Improvements in the City's sole and absolute discretion.
14.4 Non-Waiver. The consent by City to any assignment or subletting shall not relieve MSC or
any person claiming through or by MSC, of the obligation to obtain the consent of City, pursuant to this
Article XIV, to any further assignment or subletting.
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ARTICLE XV - DEFAULT AND REMEDIES
15.1 Events of Default By MSC. An Event of Default shall, at City’s option, be deemed to have
occurred hereunder following the expiration of all applicable notice and cure periods, if:
(A) The failure by MSC to pay Base Rent or make any other payment required to be made by
MSC hereunder as and when due and the continuation of such failure for Thirty (30) days following
written notice from City.
(B) A third violation of Section 1.8 by conducting events not within the described Permitted
Uses without permission of the City Council.
(C) The making by MSC of an assignment of this Lease or any sublease of all or part of the
Premises except as expressly permitted under Article XIV of this Lease.
(D) A notice of intent to cancel insurance coverage by an insurer that is not cured within
fifteen (15) days of written notice from City (provided that MSC shall have up to thirty (30) days if the
insurance shall remain in effect for such thirty (30) day period).
(E) The cancellation, lapse or failure to obtain the insurance coverage required in Section
10.2, if not cured within five (5) days of written notice from City.
(F) The making by MSC of any general assignment for the benefit of creditors or the filing by
or against MSC of a petition under any federal or state bankruptcy or insolvency laws (unless in the case
of a petition filed against MSC the same is dismissed within sixty (60) days after filing) the appointment
of a trustee or receiver to take possession of substantially all of MSC's assets at the Premises or MSC's
interest in this Lease or the Premises when possession is not restored within sixty (60) days; or the
attachment, execution or other seizure of substantially all of such assets located at the Premises or MSC's
interest in this Lease or the Premises if such seizure is not discharged within sixty (60) days.
15.2 City's Right To Terminate Upon MSC Default. Upon any Event of Default by MSC (after
applicable notice and cure periods, as provided in Section 15.1 above), the City shall have the right
without further notice or demand to MSC except as provided in Section 15.1 (MSC hereby irrevocably
waiving all notices and demands except as provided in Section 15.1), statutory or otherwise, to terminate
this Lease and MSC's right to possession of the Premises without terminating MSC's liabilities under this
Lease.
15.3 City's Additional Remedies. Upon any Event of Default of this Lease by MSC, whether or
not City elects to terminate this Lease as provided in Section 15.2 above, the City may at any time enforce
all of its rights and remedies under this Lease, at law or in equity.
15.4 Right of City to Perform. All covenants and agreements to be performed by MSC under
this Lease shall be performed by MSC at MSC's sole cost and expense. If MSC shall fail to pay any sum
of money, other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its
part to be performed hereunder, City, upon advance written notice to MSC and reasonable opportunity to
cure may, but shall not be obligated to, make any payment on MSC's behalf without waiving or releasing
MSC of its obligations under this Lease. Any sums so paid by City and all necessary incidental out-of-
pocket costs, together with interest thereon at the lesser of the maximum rate permitted by law if any or
twelve percent (12%) per annum, from the date of such payment shall be payable to City as additional
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rent on demand and City shall have the same rights and remedies in the event of nonpayment as in the
case of an Event of Default by MSC in the payment of Rent.
15.5 Non-Waiver. Nothing in this article shall be deemed to affect City's rights to indemnification
for liability or liabilities arising prior to termination of this Lease for personal injury or property damages
under the indemnification clause or clauses contained in this Lease. No acceptance by City of a lesser
sum than the Rent then due shall be deemed to be other than on account of the earliest installment of such
Rent due, nor shall any endorsement or statement on any check or any letter accompanying any check or
payment as rent be deemed an accord and satisfaction, and City may accept such check or payment
without prejudice to City's right to recover the balance of such installment or pursue any other remedy in
the Lease provided.
15.6 Cumulative Remedies. The specific remedies to which City may resort under the terms of
the Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress
to which it may be lawfully entitled in case of any breach or threatened breach by MSC of any provisions
of the Lease. In addition to the other remedies provided in the Lease, including the right to terminate
MSC's right of possession of the Premises and City shall be entitled to a restraint by injunction of the
violation or attempted or threatened violation of any of the covenants, conditions or provisions of the
Lease or to a decree compelling specific performance of any such covenants, conditions or Provisions.
15.7 Default by City. City's failure to perform or observe any of its obligations under this Lease
shall constitute a default by City under this Lease only if such failure shall continue for a period of sixty
(60) days (or the additional time, if any, that is reasonably necessary promptly and diligently to cure the
failure) after City receives written notice from MSC specifying the default. The notice shall give in
reasonable detail the nature and extent of the failure and shall identify the Lease provision(s) containing
the obligation(s). If City shall default in the performance of any of its obligations under this Lease (after
notice and opportunity to cure as provided herein), MSC may pursue any remedies available to it under
the law and this Lease.
15.8 Force Majeure. No default in the performance of the terms, covenants or conditions of this
Lease on the part of MSC or the City (other than in the payment of any Rent) shall be deemed to
continue if and so long as the City or MSC, as the case may be, shall be delayed in or prevented from
remedying the same due to Force Majeure; but if and when the occurrence or condition which delayed
or prevented the remedying of such default shall cease or be removed, it shall be the obligation of the
City or MSC, as the case may be, without further delay, to commence the correction of such default or
to continue and complete the correction thereof.
ARTICLE XVI - ATTORNEYS FEES; COSTS OF SUIT
16.1 Attorneys' Fees. If either City or MSC shall commence any action or other proceeding
against the other arising out of, or relating to, this Lease or the Premises, the prevailing party shall be
entitled to recover from the losing party, in addition to any other relief, its reasonable attorneys’ fees. In
addition, MSC shall reimburse City, upon demand, for all reasonable attorneys' fees incurred in collecting
Rent or otherwise seeking enforcement against MSC, its sublessees and assigns, of MSC's obligations
under this Lease.
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ARTICLE XVII - QUIET ENJOYMENT
17.1 Provided that MSC performs all of its obligations hereunder, MSC shall have and
peaceably enjoy the Premises during the Lease Term, subject to all of the terms and conditions contained
in this Lease.
ARTICLE XVIII- HOLDOVER TENANCY
18.1 Holdover Tenancy. If MSC holds possession of the Premises after the expiration or
termination of the Lease Term, by lapse of time or otherwise, MSC shall become a tenant at sufferance
upon all of the terms contained herein except as to Lease Term. Without limiting the foregoing, MSC
hereby agrees to indemnify, defend and hold harmless the City, and its agents contractors and employees,
from and against any and all claims, liabilities, actions, losses, damages (including without limitation,
direct, indirect, incidental and consequential) and expenses (including, without limitation court costs and
reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason
of such retention of possession, which obligations shall survive the expiration or termination of the Lease
Term.
ARTICLE XIX - NOTICES
19.1 Notices. All notices, demands and requests which are required to be given by the City or
MSC shall be in writing and shall be served in one of the following ways: (i) by personal service on the
recipient; (ii) by mailing the same by registered or certified mail, postage prepaid; (iii) by overnight
courier, addressed to the City at the address for City set forth in Section 1.5 above and to MSC at the
address for MSC set forth in Section 1.7 above, unless a request for a change in this address has been sent
to the party giving the notice by registered or certified mail or by overnight courier prior to the time when
such notice is given; or (iv) by email with an additional copy of the notice, demand or request also be
given by the method described in Section 19.1(i), (ii), or (iii) herein. Any notice, including under Article
XIII, shall be deemed to have been given and served when actually received or receipt is refused as
evidenced by written verification.
ARTICLE XX - MISCELLANEOUS
20.1 Amendments. This Lease may be amended by mutual agreement of the City and MSC,
provided that all amendments must be in writing and signed by both parties.
20.2 Successors. Except as expressly provided herein, this Lease and the obligations of City and
MSC contained herein shall bind and benefit the successors and assigns of the parties hereto.
20.3 Memorandum of Lease. The City and MSC shall upon request of the other execute a
recordable Memorandum of Lease.
20.4 Governing Law. This Lease shall be governed by, and construed in accordance with, the
laws of the State of Georgia.
20.5 Severability. In the event any provision of this Lease is found to be unenforceable the
remainder of this Lease shall not be affected, and any provision found to be invalid shall be enforceable
to the extent permitted by law. The parties agree that in the event two different interpretations may be
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given to any provision hereunder, one of which will render the provision unenforceable, and one of which
will render the provision enforceable, the interpretation rendering the provision enforceable shall be
adopted.
20.6 Captions. All captions, headings, titles, numerical references and computer highlighting are
for convenience only and shall have no effect on the interpretation of this Lease.
20.7 Interpretation. MSC acknowledges that it has read and reviewed this Lease and that it has
had the opportunity to confer with counsel in the negotiation of this Lease. Accordingly, this Lease shall
be construed neither for nor against City or MSC but shall be given a fair and reasonable interpretation
in accordance with the meaning of its terms and the intent of the parties.
20.8 Time is of the Essence. Time is of the essence of this Lease and the performance of all
obligations hereunder.
20.9 Merger. The Parties agree that the terms stated herein are the only consideration for
each to sign the Lease, and no other promise of any kind has been made by any person or entity to cause
either to sign. This Lease replaces any and all prior leases, agreements, or understandings between the
parties as concerns the Lease of the Premises.
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the date first above written.
CITY:
Sworn to and subscribed before me CITY OF TYBEE ISLAND, GEORGIA
this day of , 2019.
By:
Witness Shirley Sessions, Mayor
Attest:
Janet LeViner, City Clerk
Notary Public
APPROVED AS TO FORM:
Edward M. Hughes, City Attorney
[SIGNATURES CONTINUED]
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MSC:
Sworn to and subscribed before me TYBEE ISLAND MARINE SCIENCE
this day of , 2019. FOUNDATION, INC., a Georgia Non-Profit
Corporation
By: ____________________________________
Witness _________________ President
Attest:
Notary Public __________________, Secretary
SEAL
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EXHIBIT "A"
LEGAL DESCRIPTION OF PREMISES
SAID LOT BEING SHOWN AS LOT 2367 ON THAT RECOMBINATION PLAT OF PORTIONS LOTS 6 &
7, BLOCK 8, A PORTION OF LOT 2 & ALL OF LOT 3, BLOCK 9 AND PORTIONS OF WRENWOOD
AVENUE & THE FOMRER UNITED STATES COAST GUARD PROPERTY, FORT SCREVEN WARD,
TYBEE ISLAND, CHATHAM COUNTY, GEORGIA, PREPARED BY BERT BARRETT, JR., GRLS NO.
2225, BERT BARRETT, JR. LAND SURVEYING, P.C., DATED JANUARY 22, 2014 AND RECORDED IN
SUBDIVISION MAP BOOK ____- , PAGE _____, OF THE RECORDS OF THE CLERK OF THE
SUPERIOR COURT OF CHATHAM COUNTY.
And
PARCEL 2B / LIMEWOOD DRIVE
572-572-22849-lease
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
14. Standby Contract for Disaster Debris Recovery Services with Crowder Gulf to be signed
by Mayor and City Attorney
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Standby Contract for Disaster Debris Recovery
Services
THIS CONTRACT is made this the 12th day of March, 2020, by and between CrowderGulf,
LLC (herein referred to as "Contractor") and the City of Tybee Island, GA a political
subdivision of the State of Georgia (herein referred to as "City".
RECITALS
WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient
removal of storm debris within the corporate limits of the City plus recovery Technical
Assistance to the appointed and elected officials resulting from a natural or manmade event;
and
WHEREAS, The City has in the past suffered the full force and effects of major storms and the
resulting destruction brought upon City by such storms or manmade disasters; and
WHEREAS, the Public Health and Safety of all the citizens will be at serious risk; and
WHEREAS, the immediate economical recovery of The City and its citizens is a major concern
and the primary priority for recovery; and
WHEREAS, the availability of experienced prime storm debris contractors may be severely
limited; and
WHEREAS, Contractor has the experience, equipment, manpower, permits and licenses to
perform all storm related debris services; and
WHEREAS, the City and the Contractor have agreed to the Scope of Services, prices, terms
and conditions as set out in this Contract; and
THEREFORE, in considerations acknowledged by both parties, said parties do agree to the
following stipulations and conditions.
1.0 SERVICES
1.1 Scope of Contracted Services:
The Contractor shall provide all expertise, personnel, tools, materials, equipment,
transportation, supervision and all other services and facilities of any nature
necessary to execute, complete and deliver the timely removal and lawful disposal of
all eligible storm-generated debris (herein referred to as “debris”), including
hazardous and industrial waste materials and within the time specified in this
Contract. Emergency push, debris removal and demolition of structures will be
limited to: 1) that which is determined to eliminate immediate threats to life, public
health, and safety; 2) that which has been determined to eliminate immediate threats
of significant damage to improved public or private property; and 3) that which is
considered essential to ensure the economic recovery of the affected community to
the benefit of the community at large.
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These contracted services shall provide for the cost effective and efficient removal and lawful
disposal of debris accumulated on all public, residential and commercial properties, streets,
roads, other rights-of-way and public school properties, including any other locally owned facility
or site as may be directed by the City. Contracted services will only be performed when
requested and as designated by the City.
The Contractor shall load and haul the debris from within the legal boundaries of the
municipality to a site(s) specified by the City as set out in Section 5.1 of this
Contract.
1.2 Emergency Push / Road Clearance:
The Contractor shall accomplish the cutting, tossing and/or pushing of debris from
the primary transportation routes as identified by and directed by the City. This
operational aspect of the scope of contracted services shall be for the first 72 hours
after an event and will be billed on a time and material basis. Once this task is
accomplished, the following additional tasks will begin as required.
1.3 Right-of-Way (ROW) Removal:
The Contractor shall remove all debris from the ROW of the City when directed to do
so by the City. The Contractor shall use reasonable care not to damage any City or
private property not already damaged by the storm event. Should any property be
damaged due solely to negligence on the part of the Contractor, the City may either
bill the Contractor for the damages or withhold funds due to the Contractor in an
amount not to exceed the dollar amount of compensatory damages that the
landowner is able to prove.
1.4 Right-of-Entry (ROE) Removal (if implemented by the City):
The Contractor will remove ROE debris from private property with due diligence, as
directed by the City. The Contractor also agrees to make reasonable efforts to save
from destruction items that the property owners wish to save, (i.e., trees, small
buildings, etc.). The Contractor will exercise caution when working around public
utilities (i.e., gas, water, electric, etc.). Every effort will be made by the City to mark
these utilities but the City does not warrant that all will be located before debris
removal begins, nor does the Contractor warrant that utility damages will not occur
as a result of properly conducting the contracted services.
1.5 Demolition of Structures (if implemented by the City):
The Contractor will remove structures designated for removal by and at the direction
of the City. The Contractor agrees to remove in a timely manner all structures as
determined by the City as set out in Section 1.1 of this Contract.
1.6 Private Property Waivers:
The City will secure all necessary permissions, waivers and Right-of-Entry
Agreements from property owners as prescribed by the Government for the removal
of debris and/or demolition of structures from residential and/or commercial
properties, as set out in Sections 1.4 and 1.5 above.
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2.0 PERFORMANCE OF SERVICES
2.1 Description of Service:
The Contractor agrees to perform the contracted services in a professional and
workmanlike manner and in compliance with all applicable laws, ordinances, rules,
regulations and permits. Only the highest quality workmanship will be acceptable.
Services, equipment and workmanship not conforming to the Contract documents or
meeting the approval of the City may be rejected. Replacements and/or rework, as
required, will be accomplished at no additional cost to the City.
2.2 Cost of Services:
The Contractor shall bear the costs of performing all contracted services hereunder,
as directed by the City, including but not limited to that which is set out in Section
1.0, plus applicable permit and license fees and all maintenance costs required to
maintain its vehicles and other equipment in a condition and manner adequate to
accomplish and sustain all contracted services as set out in this Contract.
2.3 Matters Related to Performance:
2.3.1 Subcontractor(s):
The Contractor may utilize the service of subcontractors and shall be
responsible for the acts or omissions of its subcontractors to the same extent
the Contractor is responsible for the acts and omissions of its employees.
The Contractor shall ensure that all its subcontracts have and carry the same
major provisions of this Contract and that the work of their subcontractors is
subject to said provisions. Nothing contained in this Contract shall create any
contractual relationship between any subcontractor and the City. The
Contractor shall supply the names and addresses of subcontractors and
materials suppliers when requested to do so by the City.
2.3.2 Indemnification:
The Contractor agrees to indemnify, hold harmless and defend the City from
and against any and all liabilities, suits, actions, legal proceedings, claims,
demands, damages, costs and expenses (including attorney’s fees) rising out
of any act or omission of the Contractor, its agents, subcontractors or
employees in the performance of this Contract, but excluding any damage,
injury, or loss to person or property solely the result of the City’s negligent,
reckless, or willful acts or omissions or those of its employees, agents, or
other contractors or subcontractors. In no event shall Contractor’s liability
hereunder exceed the dollar amount paid or to be paid to Contractor for its
services under this Contract.
2.3.3 Insurance(s):
The Contractor agrees to keep the following Insurance in full force and effect
during the term of this Contract. The Contractor must also name the City, as
additional insured, while working within the boundaries of the City.
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2.3.4 Worker’s Compensation:
Coverage per City requirements.
2.3.5 Automobile Liability:
Coverage per City requirements.
2.3.6 Comprehensive General Liability:
Coverage per City requirements.
2.3.7 Insurance Cancellation / Renewal:
The Contractor will notify the City at least thirty (30) days in advance of
cancellation, non-renewal or adverse change to the required insurance. New
certificates of insurance are to be provided to the City at least ten (10) days
following coverage renewals or changes.
3.0 STANDARDS OF PERFORMANCE
3.1 Contractor Representative:
The Contractor shall have a knowledgeable and responsible Contractor
Representative Report to the City’s designated Contract Representative within 24
hours following the activation of this contract. The Contractor Representative shall
have the authority to implement all actions required to begin the performance of
contracted services as set out in this Contract and the Contractor’s General
Operations Plan.
3.2 Mobilization:
When the written Notice to Proceed has been received by the Contractor and/or the
on-site Contractor Representative, he/she will make all necessary arrangements to
mobilize a minimum of 50% of the required resources within 48 hours and 100% of
the required resources within 96 hours to commence and conduct these contracted
services.
3.3 Payment and Performance Bonds: Contractor shall provide payment and
performance bonds 7 – 10 days following activation of contract.
3.4 Time to Complete:
The Contractor shall complete all directed work as set out in Section 1.0 of this
Contract within (number of days will be determined once extent of damage has been
determined) working days and in accordance with Section 5.8 of this Contract.
3.5 Completion of Work:
The Contractor shall be responsible for removal of all debris up to the point where
remaining debris can only be described as storm litter and additional collection can
only be accomplished by the use of hand labor.
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3.5.1 Extensions (optional):
In as much as this is a “time is of the essence” based Contract, the
commencement of contracted services will be as set out in Section 3.2. If the
completion of this Contract is delayed by actions of the City, then and in such
event the time of completion of this Contract shall be extended for such
additional time within which to complete the performance of the Contract as is
required by such delay. This Contract may be extended by mutual consent of
both the City and the Contractor for reasons of additional time, additional
services and/or additional areas of work.
3.6 Term of Contract:
The term of the Contract shall begin on the date of acceptance by and signatures of
the City and Contractor through December 31, 2020.
3.7 Contract Renewal:
This Contract may be renewed for an additional two (2) one (1) year periods after a
written concurrence of both parties on any negotiated changes to the terms and
specifications contained in this Contract. Section 7.0 of this Contract may be
reviewed and amended on an annual basis, at which time amended unit costs may
be submitted by the Contractor to the City to reflect the current disaster recovery
market value of all contracted services in this Contract. Such amendments shall
become part of this Contract after both parties sign any such written amendment(s)
as required by Section 8.3 of this Contract.
3.8 Contract Termination:
This Contract shall terminate upon thirty (30) days after written notice from either
party and delivered to the other party, as set out in Section 8.1 of this Contract.
4.0 GENERAL RESPONSIBILITIES
4.1 Other Agreements:
The City may be required to enter into agreements with Federal and/or State
agencies for disaster relief. The Contractor shall be bound by the terms and
conditions of such agreements. The City shall provide Contractor with copies of any
such federal or state agreements within 7 days of the execution thereof.
4.2 City Obligations:
The City shall furnish all information and documents necessary for the
commencement of contracted services, including but not limited to a valid written
Notice To Proceed. A representative will be designated by the City to be the primary
point of contact for inspecting the work and answering any on site questions prior to
and after activation of this Contract via a written Notice To Proceed. The City is
responsible for issuing all Public Service Announcements (PSA) to advise citizens
and agencies of the available debris services. The Contractor may assist the City
with the development of debris-based PSA(s), if requested.
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4.3 Conduct of Work:
The Contractor shall be responsible for planning and conducting all operations in a
satisfactory workmanlike manner. The Contractor shall exhibit respect for the
citizens and their individual private properties. All operations shall be conducted
under the review of a City Representative. The Contractor shall have and require
strict compliance with a written Code of Ethics. The Contractor will supervise and/or
direct all contracted services. The Contractor is solely responsible for the means,
methods, techniques, safety program and procedures. The Contractor will employ
and maintain on the work site a qualified supervisor who shall have full authority to
act on behalf of the Contractor and all communications given to the supervisor by the
City’s Authorized Representative shall be as binding as if given to the Contractor.
4.4 Damages:
The Contractor shall be responsible for conducting operations in such a manner as
to cause the minimum damage possible to existing public, private and commercial
property and/or infrastructure. Contractor shall also be responsible for any property
damages solely caused or the result of the negligence of its employees and
subcontractors as set out in Sections 1.2 through 1.5 of this Contract. However, in
no event shall the Contractor’s liability hereunder exceed the dollar amount paid or to
be paid to Contractor for its services under this Contract.
4.5 Other Contractor(s):
The Contractor shall acknowledge the presence of other contractors involved in
disaster response and recovery activities by the federal, state and local government
and of any private utility, and shall not interfere with their work.
4.6 Ownership of Debris (optional):
All debris, including regulated hazardous waste, shall become the property of the
Contractor for removal and lawful disposal. The debris will consist of, but not limited
to vegetative, construction and demolition, white goods and household solid waste.
4.7 Disposal of Debris:
Unless otherwise directed by the City, the Contractor shall be responsible for
determining and executing the method and manner for lawful disposal of all eligible
debris, including regulated hazardous waste. The primary location of the reduction
and disposal site(s) shall be determined by the City and Contractor. Other sites may
be utilized as directed and/or approved by the City.
4.8 Federal-Aid Requirements:
The Contract provisions of the Federal Highway Administration’s Form FHWA-1273
(Appendix C), titled “Required Contract Provisions – – Federal-Aid Construction
Contracts” and FEMA FACT SHEET 9580.214, "Debris Removal on Federal-
Aid Highways, shall apply to all work performed by the Contractor or any of its
Subcontractors.
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4.9 Compliance with Federal Laws:
This Contract is subject to Federal Laws. The Federal laws applicable to and
incorporated into this Contract are 2 C.F.R. 200.326 as described in Appendix II to
Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal
Awards, FEMA Public Assistance Program and Policy Guide, FEMA 325 Debris
Management Guide, FEMA Recovery Policy 9500 series and any other Federal rule,
regulation or policy relating to disaster debris.
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under
Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all
contracts made by the non-Federal entity under the Federal award must contain provisions
covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000,
which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council
and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,
must address administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be effected and the
basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
“Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor.”
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required
to pay wages not less than once a week. The non-Federal entity must place a copy of the
current prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations
to the Federal awarding agency. The contracts must also include a provision for compliance
with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all suspected or reported violations to the Federal awarding agency.
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(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week 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. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non-Federal award to agree to 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 amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award
(see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. 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 are forwarded from tier
to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014]
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5.0 GENERAL TERMS AND CONDITIONS
5.1 Geographic Assignment:
The geographic boundary for work by the Contractor’s crews shall be as directed by
the City and will be limited to properties located within the City legal boundaries.
5.2 Multiple, Scheduled Passes (optional):
The Contractor shall make scheduled passes at the direction of the City and/or
unscheduled passes of each area impacted by the storm event. The City shall direct
the interval timing of all passes. Sufficient time shall be permitted between
subsequent passes to accommodate reasonable recovery and additional debris
placement at the ROW by the citizens and the City.
5.3 Operation of Equipment:
The Contractor shall operate all trucks, trailers and all other equipment in compliance
with any/all applicable federal, state and local rules and regulations. Equipment shall
be in good working condition. All loading equipment shall be operated from the road,
street or ROW using buckets and/or boom and grapple devices to collect and load
debris. No equipment shall be allowed behind the curb or outside of the public ROW
unless otherwise directed by the City. Should operation of equipment be required
outside of the public ROW, the City will provide a Right-of-Entry Agreement, as set
out in Section 1.6 of this Contract.
5.4 Certification of Load Carrying Capacity:
The Contractor shall submit to the City a certified report indicating the type of
vehicle, make and model, license plate number and/or trailer VIN number, assigned
debris hauling number and measured maximum volume, in cubic yards, of the load
bed of each piece of equipment to be utilized to haul debris.
The measured volume of each piece of equipment shall be calculated from the actual
physical measurement performed by the City and Contractor Representative(s). A
standard measurement form certifying actual physical measurements of each piece
of equipment shall be an attachment to the certified report(s) submitted to the City.
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5.5 Vehicle Information:
The maximum load capacity of each hauling vehicle will be rounded to the nearest
whole cubic yard (CY). (Decimal values of .1 through .4 will be rounded down and
decimal values of .5 through .9 will be rounded up.) The measured maximum load
capacity (as adjusted) of any vehicle load bed will be the same as shown on the
trailer measurement form and painted on each numbered vehicle or piece of
equipment used to haul debris. All vehicles or equipment used for hauling will have
and use a Contractor approved tailgate, and sideboards will be limited to those that
protect the load area of the trailer.
5.6 Security of Debris During Hauling:
The Contractor shall be responsible for the security of debris on/in each vehicle or
piece of equipment utilized to haul debris. Prior to leaving the loading site(s), the
Contractor shall ensure that each load is secure and trimmed so that no debris
extends horizontally beyond the bed of the equipment in any direction. All loose
debris shall be reasonably compacted and secured during transport. As required,
the Contractor will survey the primary routes used by the Contractor and recover
fallen or blown debris from the roadway(s).
5.7 Traffic Control:
The Contractor shall mitigate impact on local traffic conditions to all extents possible.
The Contractor is responsible for establishing and maintaining appropriate traffic
control in accordance with the latest Manual of Uniform Traffic Control Devices. The
Contractor shall provide sufficient signing, flagging and barricading to ensure the
safety of vehicular and pedestrian traffic at all debris removal, reduction and/or
disposal site(s).
5.8 Work Days/Hours:
The Contractor may conduct debris removal operations from sunup to sundown,
seven days per week. Any mechanical, debris reduction operations or burning
operations may be conducted 24 hours a day, seven days per week. Adjustments to
work days and/or work hours shall be as directed by the City following consultation
and notification to the Contractor.
5.9 Hazardous and Industrial Wastes:
The Contractor shall set aside and reasonably protect all hazardous or industrial
materials encountered during debris removal operations for collection and disposal in
accordance with the Contractor’s Hazardous and Industrial Materials Cleanup and
Disposal Plan. The Contractor will build, operate and maintain a Hazardous Waste
and Industrial Material Storage area until proper disposal of such waste is feasible.
The Contractor may use the subcontracting services of a firm specializing in the
management and disposal of such materials and waste, if/when directed by the City.
5.10 Stumps:
All hazardous/eligible stumps identified by the City will be pulled, loaded,
transported, stored, reduced and disposed in accordance with the standards of this
Contract. All stumps will be documented, invoiced and paid in accordance with
Stump Conversion Table – Diameter to Volume Capacity.
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5.11 Utilizing Local Resources:
The Contractor shall, to the extent possible, give priority to utilizing resources within
the City. Debris Contract local preferences will include, but not limited to,
procurement of services, supplies and equipment, plus awarding service
subcontracts and employment to the local work force.
5.12 Work Safety:
The Contractor shall provide and enforce a safe work environment as prescribed in
the Occupational Safety and Health Act of 1970, as amended. The Contractor will
provide such safety equipment, training and supervision as may be required by the
City and/or Government. The Contractor shall ensure that its subcontracts contain a
similar safety provision.
5.13 Inspection and Testing:
All debris shall be subject to adequate inspection by the City or any public authority
in accordance with generally accepted standards to ensure compliance with the
Contract and applicable federal, state and local laws. The City will, at all times, have
access to all work sites and disposal areas. In addition, authorized representatives
and agents of the Government shall be permitted to inspect all work, materials,
invoices and other relevant records and documentation.
5.14 Other Agencies:
The term “Government” as used in this Contract refers to those governmental
agencies, which may have a regulatory or funding interest in this Contract.
6.0 REPORTS, CERTIFICATIONS and DOCUMENTATION
6.1 Accountable Debris Load Forms:
The City shall accept the serialized copy of the Contractor’s debris reporting ticket(s)
as the certified, original source documents to account for the measurement and
accumulation of the volume of debris delivered and processed at the reduction
and/or disposal site(s). The serialized ticketing system will also be used in the event
of additional debris handling for volume reduction and/or the possible requirement for
a debris transfer station(s). These tickets shall be used as the basis of any
electronic generated billing and/or report(s).
6.2 Reports:
The Contractor shall submit periodic, written reports to the City as requested or
required, detailing the progress of debris removal and disposal. These reports may
include, but not limited to:
6.2.1 Daily Reports:
The daily reports may detail the location where passes for debris removal
were conducted, the quantity of debris (by type) removed and disposed and
the total number of personnel crews engaged in debris management
operations and the number of grinders, chippers and mulching machines in
operation. The Contractor will also report damages to private property
caused by the debris operation or damage claims made by citizens and such
other information as may be required to completely describe the daily conduct
of the Contractor’s operations.
6.2.2 Weekly Summaries:
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A summary of all information contained in the daily reports as set out in
Section 6.2.1 of this Contract or in a format required by the City.
6.2.3 Report(s) Delivery:
The scheduling, point of delivery and receiving personnel for the debris
operations report(s) will be directed by the City in consultation with the
Contractor.
6.2.4 Final Project Closeout:
Upon final inspection and/or closeout of the project by the City, the
Contractor shall prepare and submit a detailed description of all debris
management activities to include, but not limited to the total volume, by type
of debris hauled, reduced and/or disposed, plus the total cost of the project
invoiced to the City. If requested, any other additional information as may be
necessary to adequately document the conduct of the debris management
operations for the City and/or Government.
6.3 Additional Supporting Documentation:
The Contractor shall submit sufficient reports and/or documentation for debris
loading, hauling, disposal, and load capacity measurements as may reasonably be
required by the City and/or Government to support requests for debris project
reimbursement from external funding sources.
6.4 Report Maintenance:
Contractor will be subject to audit by federal, state and local agencies pursuant to
this Contract. The Contractor will maintain all reports, records, debris reporting
tickets and contract correspondence for a period of not less than three (3) years.
6.5 Contract File Maintenance:
The Contractor will maintain this Contract and the invoices that are generated for the
contracted services for a period of five (5) years or the period of standard record
retention of the City, whichever is longer.
7.0 UNIT PRICES and PAYMENTS
7.1 See enclosed RFP Fee Schedule
7.2 Billing Cycle:
The Contractor shall invoice the City on a 30 day basis reflecting the close of
business on the last working day of the billing period. Serialized debris reporting
tickets and disposal site verification of the actual cubic yardage for each load of
debris or itemized stumps will support all invoices.
7.3 Payment Responsibility:
The City agrees to accept the Contractor’s invoice(s) and supporting documentation
as set out in Section 6.3 of this Contract and process said invoices for payment
within 15 business days of the receipt thereof. The City will advise the Contractor
within five (5) working days of receiving any debris service invoice that requires
additional information for approval to process for payment.
7.4 Ineligible Work:
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The Contractor will not be paid for the removal, transportation, storage, reduction
and/or disposal of any material or stumps as may be determined by the City and/or
Government as ineligible debris.
7.4.1 Eligibility Inspections:
The Contractor and City will inspect each load to verify the contents are in
accordance with the accepted definition of eligible debris, as set out in
Section 1.1 of this Contract.
7.4.2 Eligibility Determinations:
If any load is determined to contain material that does not conform to the
definition of eligible debris, the load will be ordered to be deposited at another
landfill or receiving facility and no payment will be allowed for that load and
the Contractor will not invoice the City for such loads.
7.5 Unit Price/Service Negotiations:
Unknown and/or unforeseen events or conditions may require an adjustment to the
stated unit prices in Section 7 of this Contract. Any amendments, extensions or
changes to the scope of contracted services or unit prices are subject to full
negotiation(s) between the City and the Contractor and subject to the review of the
Government and must comply with Section 8.3 of this Contract.
7.6 Specialized Services:
The Contractor may invoice the City for costs incurred to mobilize and demobilize
specialized equipment required to perform services in addition to those specified
under Section 1.0 of this Contract. Additional specialized services will only be
performed if/when directed by the City. The rate for specialized mobilization and
demobilization shall be fair and reasonable as determined by the City.
8.0 MISCELLANEOUS
8.1 Notice:
Whenever in this Contract it is necessary to give notice or demand by either party to
the other, such notice or demand shall be given in writing and forwarded by certified
or registered mail and addressed as follows:
Contractor: CrowderGulf, LLC
5435 Business Parkway
Theodore, AL 36582
800-992-6207
jramsay@crowdergulf.com
City: Finance Department
403 Butler Ave
Tybee Island, GA 31328
912-786-4573
Email mfreeman@cityoftybee.org tsmith@cityoftybee.org
8.2 Applicable Law:
The laws of the State of Georgia shall govern this Contract. Any and all legal action
necessary to enforce the Contract will be held in Chatham County, Georgia, and the
Contract shall be interpreted by the laws of Georgia.
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8.3 Entire Contract/Amendments:
This Contract (including any schedules or exhibits attached hereto) constitutes the
entire Contract and understanding between the parties with respect to the matters
contained herein. This Contract supersedes any prior contracts, negotiations,
proposals, agreements and/or understandings, whether verbal or written, relating to
the subject matter hereof. This Contract may be modified, amended or extended
only by a written instrument executed by both parties.
8.4 Waiver:
In the event one of the parties waives a default by the other, such a waiver shall not
be construed or deemed to be a continuing waiver of any subsequent breach or
default of the other provisions of this Contract, by either party.
8.5 Severability:
If any provision of this Contract is deemed or becomes invalid, illegal or unenforceable
under the applicable laws or regulations of any jurisdiction, such provision will be
deemed amended to the extent necessary to conform to applicable laws or
regulations. If it cannot be so amended without materially altering the intention of the
parties, it will be stricken and the remainder of this Contract will remain in full force and
effect.
IN WITNESS WHEREOF, the Contractor has caused this Contract to be signed in its corporate
name by its authorized representative and the City has caused this Contract to be signed in its
legal name by persons authorized to execute said Contract as of the day and year first written
above on page one.
CrowderGulf, LLC City of Tybee Island, GA
By: _________________________________ By: _______________________________
Name: Name:
Title: Title: ______________________________
ATTEST: ATTEST:
______________________________ ________________________________
Name: Name:
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
15. Budget Amendment to cover cost of Classification and Compensation Study
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157
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. Second Reading, 2020-05, Sec 70-76, Use of Public Sewer
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ORDINANCE NO. 05-2020
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SO AS TO REVISE THE PROVISIONS THEREOF IN CONNECTION WITH THE WATER
OR SEWER SYSTEM OF THE CITY REGARDING WASTE WATER AND POLLUTANTS
AND TO PROVIDE FOR PROVISIONS TO THE ORDINANCE AND FOR OTHER
PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers, and
WHEREAS, the City of Tybee Island operates a public sewer system
WHEREAS, the City needs to update and revise its ordinances pertaining to the use of the
public sewer as codified in 70-76 et seq.. and
WHEREAS, the changes are consistent with the need to improve the public health, safety
and welfare.
NOW, THEREFORE, be it ordained by the Mayor and Council that the Code of
Ordinances is hereby amended so as to revise Section 70-76 through 70-81 as follows:
SECTION 1
Section 70-76 USE OF THE PUBLIC SEWER:
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(a) Generally: No person shall cause harm to any part of the City’s water or sewer system,
nor discharge or cause to be discharged any storm water, surface water, groundwater,
roof runoff, subsurface drainage cooling water, polluted or unpolluted industrial process
waters to any sanitary sewer. Nor shall any person discharge or cause to be discharged to
any sanitary sewer any other “prohibited discharges”. When such discharges do occur,
the person responsible shall be charged for the expenditures made by the city as a result
thereof, plus shall be subject to section 1-1-8 General Penalties.
(b) Unpolluted Drainage: Storm water and all other unpolluted drainage shall be discharged
to those sewers as are specifically designated as storm sewers or to a natural outlet
approved by the Wastewater Superintendent. Industrial cooling water or unpolluted
process waters may be discharged, upon approval of the Wastewater Superintendent, to a
storm sewer or natural outlet.
(c) Prohibited Discharges: Except as herein provided, no person shall discharge or cause to
be discharged any of the following described waters or wastes to any public sewer.
1. Any liquid or vapor having a temperature higher than one hundred forty (140) degrees
Fahrenheit.
2. Any water or waste containing more than one hundred (100) milligrams per liter (mg/L)
of fats, oils or greases.
3. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or
gas.
4. Any garbage that has not been properly shredded.
5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, paunch manure or any other solid or viscous substance capable of causing
obstruction to the flow in sewers or other interference with the proper operation of the
sewer system. This provision also includes ground or shredded paper products.
6. Any water or wastes having a pH lower than five and five tenths (5.5 su) or higher than
nine (9 su) or having any other corrosive property capable of causing damage or hazard
to structure, equipment, personnel of the sewer system or the Wastewater Plant.
7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to
injure or interfere with any sewer line or any sewage treatment process, constitute a
hazard to humans or animals or create any hazard in the influent of the Wastewater
Treatment Plant.
8. Any water or wastes containing Total Suspended Solids of any characteristic and
quantity, so that unusual attention or expense is required to treat those materials at the
Wastewater Treatment Plant.
9. Any noxious or malodorous gas or substance capable of creating a public nuisance,
including hydrogen sulfide, nitrous oxide, and sulfur dioxide which shall be limited to
less than one (1) mg/L. High concentrations of chlorine (greater than three (3)) mg/L
shall also be prohibited.
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(d) Interceptors:
1. Grease interceptors will be provided by all food service facilities. Oil and sand
interceptors will be provided when in the opinion of the Wastewater Superintendent
they are necessary for the proper handling of liquid wastes containing any flammable
substances, sand and other harmful ingredients, except that those interceptors will not
be required for private living quarters or dwelling units. All interceptors will be of a
type and capacity outlined in the Grease Management program. Interceptors will be
located and easily accessible as outlined in the Grease Management Program.
2. Grease and oil interceptors shall be constructed of impervious material capable of
withstanding abrupt and extreme changes in temperature. They shall be of substantial
construction, water tight and equipped with easily removable covers which when
bolted in place shall be gas tight and water tight. Grease interceptors will be built and
sized according to the Grease Management Plan.
(e) Maintenance of Interceptors: When installed, all grease, oil and sand interceptors
will be maintained by the user at his or her expense in continuously efficient operation at
all times. Required interceptor maintenance is explained in section five (5) of the Grease
Management Program.
(f) Review and approval of certain discharge by the Wastewater Superintendent:
1. The Wastewater Superintendent must grant prior approval before the admission of any
water or wastes having the following characteristics:
(a) A five (5) day Biochemical Oxygen Demand (BOD) greater than two hundred fifty
(250) mg/L.
(b) Containing more than 300 mg/L of suspended solids.
(c) Containing any quantity of substance having the characteristics described in
subsection (c).
(d) Having an average daily flow greater than two (2) percent of the average daily flow
of the Wastewater Plant shall be subject to the review and approval of the Wastewater
Superintendent.
2. Where necessary, in the opinion of the Wastewater Superintendent, the user shall provide
at his or her expense, any preliminary treatment as may be necessary to:
(a) Reduce the Bio Chemical Oxygen Demand (BOD) to two hundred fifty milligrams
per liter (250 mg/L) ant suspended solids to three hundred milligrams per liter (300
mg/L)
(b) Reduce objectionable characteristics or constituents to within the maximum limits
provided for in subsection (c).
(c) Control the quantities and rates of discharge of any water or wastes.
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3. Plans, specifications and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the Wastewater
Superintendent and no construction of any facilities shall be commenced until this
approval is obtained in writing.
(g) Maintenance of Preliminary Treatment Facilities: Where preliminary treatment facilities
are provided for any waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the user, at his or her expense.
(h) Manholes: The owner or user of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the buildings sewer to facilitate observation,
sampling and measurements of the wastes. This manhole shall easily accessible and safely
located and be constructed in accordance with plans approved by the Superintendent. All new
construction of facilities or a change of ownership or user shall be required to install a manhole
as specified in this section.
(i) Tests, etc. : All measurements, tests and analyses of the characteristics is made in subsections
(c) and (f) shall be determined in accordance with the latest approved volume of Standard
Methods for Examination of Water and Wastewater and shall be determined at the control
manhole as provided in subsection (h) or upon suitable samples taken at the control manhole. In
the event existing facilities do not have a special manhole the nearest downstream manhole in the
public sewer system will be used for the purpose of tests, sampling and measuring.
(j) Special Agreements: No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the city and any industrial concern whereby an
industrial waste of unusual strength or characteristic may be accepted by the city for treatment,
subject to payment therefor by the industrial concern. (Code 1970, 20-45)(1997-60; 8/14/97)
Section 70-77 Protection from Damage:
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the
city sewage system. (Code 1970, 20-46)
Section 70-78 Power and Authority of Inspectors:
The Wastewater Superintendent and other duly authorized employees of the city, bearing proper
credentials and identification, shall be permitted to enter upon all properties for the purpose of
inspection, observation, measurement, sampling and testing, in accordance with the provisions of
this chapter. (Code 1970, 20-47)
Section 70-79 Sewerage Service Billing, Collections and Penalties:
Bills for sewer service shall be administered as provided herein per sections 70-106 through 70-
109 (1997-61; 8/14/97)
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SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS DAY OF , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
17. Second Reading, 2020-06, Chapter 70, Art. III A, Backflow Ordinance/Prevent Program
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ORDINANCE NO. 06-2020
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SO AS TO ESTABLISH A BACKFLOW PREVENTION ORDINANCE AND TO CODIFY
THE SAME SO AS TO PREVENT THE BACK FLOW OF CONTAMINANTS INTO THE
POTABLE WATER SYSTEM OF THE CITY, TO REPEAL CONFLICTING ORDINANCES,
TO ESTABLISH AN EFFECTIVE DATE AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Isla nd, Georgia, is
the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers, and
WHEREAS, the city operates a potable water system and maintains the system to provide
the city with water free of contaminants, and
NOW, THEREFORE, be it resolved and it is hereby ordained by the governing authority
of the City of Tybee Island as follows:
The City hereby adopts, in full, the backflow ordinance/prevention program as part of the
Code of Ordinances of the City of Tybee Island and such provisions shall be enforced as provided
by law.
The following shall be codified, Sections _____ through _____ of Chapter 70, Article IIIA
shall provide as follows:
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TABLE OF CONTENTS
I. Purpose 3
II. Authority 3
III. Responsibility 3
IV. Definitions 4
V. Administration 8
VI. Requirements 9
VII. Degree of Hazard 10
VIII. Permits 10
IX. Approval of Backflow Prevention Devices 11
X. Periodic Testing 11
XI. Records and Reports 12
XII. Cross Connection Emergency Response Plan 13
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CITY OF TYBEE ISLAND
WATER AND SEWER DEPARTMENT
BACKFLOW PREVENTION ORDINANCE/PROGRAM
I. PURPOSE
a. To protect the public potable water supply served by the City of Tybee Island
from the possibility of contamination or pollution by isolating, within its
customers internal distribution system, such contaminants or pollutants which
could backflow or back-siphon into the public water system.
b. To promote the elimination or control of existing cross connections, actual or
potential, between a non-residential potable water system and non-potable
systems.
c. To provide for the maintenance of a continuing program of cross-connection
control which will effectively prevent the contamination or pollution of all
potable water systems e cross-connection.
II. AUTHORITY
a. The United States Environmental protection Agency Safe Drinking water Act of
1974 and the Georgia Safe Drinking water Act of 1977 state that the water
purveyor has the primary responsibility for preventing water from unapproved
sources, or any other substances, from entering the public potable water supply.
b. The City of Tybee Island ordinances as adopted.
III. RESPONSIBILITY
a. The Director of the Water and Sewer Department shall be responsible for the
protection of the public potable water distribution system from contamination or
pollution due to the backflow or backsiphonage of contaminants or pollutants
through the water service connection. If in the judgement of the Director of the
Water and Sewer Department, an approved backflow device is required at the
water service connection to any customer’s premises, the Director or his delegated
agent, shall give notice, in writing, to said customer to install an approved
backflow prevention device at each service connection to the premises. The
customer shall, within 90 days, install such approved device or devices, at the
customers own expense, failure, refusal or inability on the part of the customer to
install said device or devices within 90 days, shall constitute grounds for
discontinuing water service to the premises until such device or devices have been
properly installed.
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IV. DEFINITIONS
a. Approved
Approved by the Director of the Water and Sewer Department as meeting an applicable
specification stated or cited in program or as suitable for the proposed use.
b. Auxiliary water Supply
Any water supply, on or available, to the premises other than the City of Tybee Island’s
approved public potable water supply.
c. Backflow
The flow of water or other liquids, mixtures or substances, under positive or reduced
pressure in the distribution pipes of the potable water supply from any source than the
one intended.
d. Backflow Preventer
A device or means designed to prevent backflow or backsiphonage. Most commonly
categorized as an air gap, pressure vacuum breaker, dual check valve, double check with
intermediate atmospheric vent and barometric loop.
d.1 Air Gap
A physical separation sufficient to prevent backflow between the free flowing discharge
end of the potable water system and any other system. Physically defined as a distance
equal to twice the diameter of the supply side pipe diameter but never less than one inch.
d.2 Atmospheric Vacuum Breaker
A device that prevents backsiphonage by creating an atmospheric vent when there is
either a negative pressure or sub-atmospheric pressure in a water system.
d.3 Barometric Loop
A fabricated piping arrangement rising at least 35 feet at its topmost point above the
highest fixture it supplies. It is used in water supply systems to prevent backsiphonage.
4
d.4 Double Check Valve Assembly
An assembly of two independently operating spring loaded check valves with tightly
closing shut off valves on each side of the check valves, plus properly located test cocks
for the testing of each check valve.
d.5 Double Check Valve with Intermediate Atmospheric Vent
A device having two spring loaded check valves separated by an atmospheric vent
chamber.
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d.6 Hose Bibb vacuum Breaker
A device that is permanently attached to a hose bibb, which acts as an atmospheric
vacuum breaker.
d.7 Pressure Vacuum Breaker
A device containing one or two independently operated spring loaded check valves and
an independently operated spring loaded inlet valve located on the discharge side of the
check or checks. The device includes tightly closing shut off valves on each side of the
check valves and properly located test cocks for the testing of the check valves.
d.8 Reduced Pressure Principal Backflow Preventer
An assembly consisting of two independently operating approved check valves with an
automatically operating differential relief valve located between the two check valves,
tightly closing shut-off valves on each side the check valves. Plus, properly located test
cocks for the testing of check valves and relief valves. Also known as an RPZ or RP
backflow preventer.
d.9 Dual Check Backflow Preventer
An assembly of two spring loaded, independently operating check valves that do not
tightly close off shut-off valves and test cocks. Generally employed immediately
downstream of the water meter to act as a containment device.
e. Back Pressure
A condition in which the customers system pressure is greater than the system pressure.
f. Backsiphonage
The flow of water or other liquids, mixture or substances into the distribution pipes of the
potable water supply system from any source other than its intended source, caused by
the sudden reduction in pressure in the potable water system.
g. Containment
A method of backflow prevention that requires a backflow preventer at the water service
entrance.
h. Contaminant
A substance that will impair the quality of water to a degree that it creates a serious
health hazard to the public, leading to poisoning or the spread of disease.
i. Cross-connection
An actual or potential connection between the public water supply and a source of
contamination or pollution.
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j. Environmental Protection Division (EPD)
The State of Georgia Environmental Protection Division of the Georgia Department of
Natural Resources.
k. Director
The Director or his representative in the Water and Sewer Department is invested with
the authority and responsibility for the implementation of a Backflow Prevention
Program and for the enforcement of the provisions of the ordinance.
l. Fixture Isolation
A method of backflow prevention in which a backflow preventer is located to correct a
cross-connection at an in-plant location rather than at a water service entrance. Interior
connections are secondary to the primary device at the public main connection and
testing reports are not generally reported to the utility.
m. Owner
Any person who has legal title to, or license to operate or habitat in a property upon
which a cross-connection inspection is to be made or upon which a cross-connection is
present.
n. Permit
A document issued by The City of Tybee Island that allows for the use of a backflow
preventer.
o. Person
Any individual, partnership, company, public or private corporation, political subdivision
or agency of the state, agency or instrumentality of the United States or any other legal
entity.
p. Pollutant
A foreign substance that if permitted to get into the public water system will degrade its
quality, so as to constitute a moderate hazard or impair the water to a degree which does
not create an actual hazard to the public itself but which does adversely and
unreasonably effect such water for domestic use.
q. Water Service Entrance
That point in the owners water system beyond the sanitary control of the distribution
system, generally considered to be the outlet end of the water meter and always before
any unprotected branch.
V. ADMINISTRATION
a. The City of Tybee Island Water and Sewer Department will operate a backflow
prevention program, to include the keeping of necessary records, which fulfills the
requirements of the City’s Cross-connection regulations as outlined in the ordinance
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b. The owner shall allow his property to be inspected for possible cross-connections and shall
follow the provisions of the City’s program if a cross-connection is detected.
c. If the Water and Sewer Department requires that the public water supply be protected by
containment, the owner shall be responsible for water quality beyond the outlet end of the
containment device and should utilize fixture outlet protection for this purpose.
d. The Director may utilize public health officials or personnel from the Water and Sewer
Department or delegated representatives to assist the Owner in the survey of his facilities and to
assist him in the selection of proper fixture outlet devices and the proper installation of these
devices.
VI. Requirements
a. Water and Sewer Department
On new installations, the Water and Sewer Department will provide onsite evaluation and
inspection of plans, in order to determine the type of backflow prevention device, if any that
will be required. The Department will issue permits and schedule routine inspections and
tests. In any case a minimum of a double check valve will be required in any new
construction.
b. For premises existing prior to the start of this program, the Water and Sewer Department
will conduct evaluations and inspections of the premises and inform the owner by letter of
any correction deemed necessary, the method of achieving the correction and the time
allowed to make the correction. Normally 90 90 days will be allowed. This period may be
shortened, depending on the degree of hazard involved and the history of the device
involved.
c. The Department will not allow any cross-connection to remain unless it is protected by an
approved backflow prevention device, for which a permit has been issued and which will be
regularly tested to ensure satisfactory operation. The Water and Sewer Department shall
inform the Owner by letter of any failure to comply, by the time of the first re-inspection.
The Owner will be allowed an additional 15 days for the correction. In the event the Owner
fails to comply with the necessary correction by the time of the second re-inspection, the
Department will inform the Owner by letter, that the water service will be terminated
within a period of five days. In the event
d. The Owner informs the Department of extenuating circumstances as to why the correction
has not been made, a time extension may be granted by the Department, but in no case will
exceed thirty days.
e. If the Water and Sewer Department determines at any time that a serious threat to public
health exists, the water service will be terminated immediately.
f. The Department shall have on file a list of private contractors who are certified backflow
device testers. The Owner will pay all charges for these tests.
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Owner
a. The owner shall be responsible for the elimination or protection of all cross-connections
on his premises.
b. The Owner, after having been informed by letter from the Water and Sewer Department,
shall at his expense, install, maintain and test, or have tested, any and all backflow
preventers on his premises.
c. The Owner shall correct any malfunction of the backflow preventer that is revealed by
periodic testing.
d. The Owner shall inform the Water and Sewer Department of any proposed or modified
cross-connections of which the Owner is aware but has not been found by the
Department.
e. The owner shall not install a bypass around any backflow preventer unless there is a
backflow preventer of the same type on the bypass. Owners who cannot shutdown
operation for testing of the device, must supply additional devices as needed to allow
testing to take place.
f. The Owner shall install backflow preventers in a manner approved by the Water and
Sewer Department.
g. The Owner shall only install backflow preventers approved by the Water and Sewer
Department.
h. Any Owner having a private well or other private water source must not cross-connect
the well or source to The City of Tybee Islands water system.
i. In the event the Owner installs plumbing to provide potable water for domestic purposes,
which is on the City of Tybee Island side of the backflow preventer, such plumbing must
have its own backflow preventer installed. For residential purposes, the required
backflow preventer will be supplied by the City as part of the meter when purchased.
j. The Owner shall be responsible for the payment of all fees for permits, annual or semi-
annual device testing as well as retesting in case that device fails to operate correctly or
has been found to be in non-compliance with the water and Sewer Department
requirements.
VII. Degree of Hazard
The Water and Sewer Department recognizes the threat to the public water system
arising from cross connections. All threats will be classified by degree of hazard, listed
below as Low, Medium and High risk.
a. Category I, High risk: A facility considered as a possible source of contaminants. The
category would include Doctors and Dentist offices, metal plating operations, chemical
companies, facilities that have the capability of exerting back pressure on their water tap
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and other business’s using toxic substances. These operations shall be required to install a
reduced pressure principal backflow prevention assembly for maximum protection.
b. Category II, Medium risk: A facility considered as a possible source of pollutants. This
category would include businesses such as grocery stores, restaurants, day care centers,
master metered office buildings and any business that has an auxiliary water supply.
These operations shall be required to install either a reduced pressure principal backflow
prevention assembly or a double check valve backflow prevention assembly, dependent
on their required degree of protection.
c. Category III, Low risk: Considered to be least likely to be a source of contaminant or
pollutant. Typically this would include single or duplex family dwellings or offices
served by a single water
d. Category III, Low risk: Considered to be the least likely to be a source of contaminant or
pollutants meter. All low risk facilities shall be required to install a dual check valve
backflow prevention assembly, unless one has already been installed by the Water and
Sewer Department.
VIII. Permits
The water and Sewer Department shall not permit a cross connection within the public water
supply system unless considered necessary and that it cannot be eliminated.
a. Cross connection permits that are required for each backflow prevention device are
obtained from the Water and Sewer Department.
b. Permits shall be reviewed annually for Medium and High risk devices and are non-
transferable. Permits are subject to revocation and become immediately revoked if the
Owner should so change the type of cross-connection device or degree of hazard
associated with the service.
c. A permit is not required when fixture isolation is achieved with the utilization of a non-
testable backflow preventer, such as those dual check backflow assemblies installed in
Category III, Low risk facilities
IX. Approval of Backflow Prevention Devices
Any existing backflow preventer shall be allowed by the Water and Sewer
Department to continue in service unless the degree of hazard is such as to supersede the
effectiveness of the present backflow preventer or result in an unreasonable risk to the
public health. Where the degree of hazard has increased, any existing backflow preventer
must be upgraded to a reduced pressure principal device or a reduced pressure principal
device must be installed in the event that no backflow device was present.
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All backflow prevention devices at the connection to the public system must be
approved by the Water and Sewer department in accordance with the applicable standards
of the American Society of sanitary Engineering, the American national Standard
Institute, the American Water Works Association, the University of Southern California
Foundation for Cross-Connection Control and Hydraulic Research, the Standard
Plumbing Codes and the City of Tybee Island Backflow Prevention Program.
X. Periodic Testing
a. All testable backflow prevention devices shall be tested and inspected at least
annually.
b. Periodic testing shall be performed by a certified tester, approved in advance by
the water and Sewer Department. This testing will be done at the Owners
expense.
c. Any backflow preventer that fails during a periodic test will be repaired or
replaced. When repairs are necessary, upon completion of the repair, the device
will be re-tested at the Owners expense to ensure correct operation. High hazard
situations will not be allowed to continue unprotected if the backflow preventer
fails the test and cannot be repaired immediately. In other situations, a
compliance date of not more than thirty days after the test date will be
established. The Owner is responsible for spare parts, repair tools or a
replacement device. Parallel installation of two devices is an effective means of
the Owner ensuring that uninterrupted water service during testing or repair of
the devices and is strongly recommended when the Owner desires such
continuity. Backflow prevention devices will be tested more frequently than
specified in a. above, in cases where there is a history of test failures and the
Water and Sewer Department feels that due to the degree of hazard involved,
additional testing is warranted. Cost of the additional testing will be borne by the
Owner.
XI. Records and Reports
a. Records
The City of Tybee Island water and Sewer Department will initiate and maintain the
following:
1. Master files on customer cross-connection tests and/or inspections.
2. Master files on cross-connection permits.
3. Paper and Digital copies of each permit and permit application.
4. Paper and digital copies of lists and summaries supplied to the Water and Sewer
Department.
XII. Cross-connection Emergency Response Plan
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All customer inquiries concerning water quality are directed to the Water and Sewer
Department. When a complaint is received, it is evaluated over the phone with the customer. If
the complaint is determined to be a potential problem, a member of the Water and Sewer
Department will be dispatched to the area reporting the problem. On arrival, the technician will:
a. Make a preliminary judgement of the problem by checking odor and taste.
b. If a cross-connection problem is suspected, notify the Director immediately. If the
preliminary report indicates the necessity, the Director may activate follow up
procedures before samples are sent to the laboratory.
c. Pick up samples and take them to the laboratory for testing. These samples will be
tested for the nature of the pollutant or contaminant
If tests indicate a problem, an onsite inspection for possible sources of contamination
will be done, as well as checking the files for potential sources of contamination in the area. The
Director will evaluate the situation and activate any or all of the following options.
Direct the line crew to open and flush hydrants in the area.
a. If a potentially hazardous cross-connection is found in the vicinity of the area, the
responsible person or owner, with personnel from the water and Sewer
department will make an immediate inspection. If a cross-connection exists, it
will be corrected or the water service will be shut off. The Owner of where the
cross-connection is found will bear the cost correcting the affected system.
b. Close valves to isolate the problem area from the rest of the distribution system.
c. Notify customers in the affected area, using emergency notification methods
established for boil water advisories.
d. Should a health hazard be revealed, additional checks to establish the limits of the
problem area will be made. The problem area will be flushed and treated until
proven safe.
Personal contact will be made to all customers in the affected area.
Standard Operating Procedure of the Water and Sewer Department provide for
personnel to be on duty or on call 24 hours a day, 7 days a week. The Director will be
informed of emergency problems.
SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
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SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS DAY OF , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
18. Second Reading, 2020-07, Adopt Grease Management Program and the Grease
Enforcement Plan
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ORDINANCE NO. 07-2020
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SO AS TO ESTABLISH A GREASE MANAGEMENT PROGRAM ORDINANCE
IT SHALL BE KNOWN AS THE GREASE MANAGEMENT ORDINANCE OF THE CITY
OF TYBEE ISLAND WHICH SHALL BE CODIFIED AT ____ CHAPTER ____, SECTIONS
___ IN THE CITY CODE, AND TO PROVIDE AN EFFECTIVE DATE
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof, and
WHEREAS, the City has determined a need to address the hazards associated with fats,
oils and greases into its wastewater collection system, and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers, and
NOW THEREFORE, it is hereby ordained as follows:
SECTION 1
The City hereby adopts, in full, the Grease Management Program and the Grease
Enforcement Plan attached hereto as part of the Code of Ordinances of the City of Tybee Island
and that such provisions shall be enforced as provided by law as if each of such provisions were
stated herein.
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SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS DAY OF , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
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Section 70-167 Grease Management Program
Table of Contents
1. Purpose of the Grease Management Program
2. Definitions
3. General Criteria
a. Installation Requirements for New Food Service Facilities
b. Requirements for Existing Food Service Facilities
c. Prohibited Discharges
d. Floor Drains
e. Garbage Grinders and Dishwashers
f. Location of Interceptor
g. Waste Minimization Plan
4. Design Criteria
a. Construction of Interceptors
b. Access to Interceptor
c. Load-Bearing capacity
d. Inlet and Outlet Piping
e. Interceptor Sizing
5. Grease Interceptor Maintenance
a. Pumping
b. Pumping Frequency
c. Pump Out Order
d. Disposal of Interceptor Pumped Material
e. Additives
f. Chemical treatment
6. Administrative Requirements
a. Initial Data Acquisition
b. Administrative Fees
c. Inspection and Entry
d. Record Retention and Reporting
I. Manifests
II. Maintenance Logs
7. Enforcement
Appendices
A. Grease Interceptor Customer Information Form
B. City of Tybee Island Grease Interceptor Maintenance Log
C. City of Tybee Island Grease Enforcement Response Plan
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1. Purpose:
The purpose of this program is to minimize the introduction of fats, oils and greases into the City of
Tybee Island wastewater collection system. The main components of the program are the proper sizing,
installation and maintenance of grease interceptors. The administrative and inspection requirements of
food service facilities are also established herein.
2. Definitions:
Unless otherwise expressly stated or the context clearly indicates a different intention, the following
terms shall, for the purpose of this document, have the meanings indicated in this document.
a. City – The City of Tybee Island
b. Domestic Wastewater – Wastewater from sanitary fixtures such as toilets and urinals.
c. Food Service facility – Any facility which cooks, which cuts, bakes, prepares or serves food or
which disposes of food related waste.
d. Garbage Grinder – A device that shreds or grinds up solid or semi-solid waste material into
smaller portions for discharge into the sanitary sewer system.
e. Grease – A material primarily composed of fats, oils and grease from animal or vegetable
sources. The terms fats, oils, and grease shall be deemed as grease by definition. Grease may
also include petroleum based products.
f. Hauler or Transporter - One who transports waste grease from the site of a user to an approved
site for disposal or treatment. The hauler is responsible for assuring that all federal, state and
local regulation and ordinances are followed regarding waste transport.
g. Interceptor, Separator or Trap – A device so constructed as to separate, trap and hold fats, oils,
greases, sand and grit substances from the wastewater discharged by a facility in order to
prevent these substances from entering the sanitary sewer system.
h. Under-sink or Inline Grease Trap – A device placed under or in close proximity to sinks or other
facilities likely to discharge grease in an attempt to separate, trap or hold oil and grease
substances to prevent their entry into the sanitary sewer system.
i. User – A source of discharge into the City of Tybee Island sanitary sewer system.
j. Waste or Wastewater – The liquid and water carried domestic or industrial wastes from
dwellings, commercial establishments, industrial facilities and institutions, whether treated or
untreated that contribute to the sanitary sewer system.
3. General Criteria:
a. Installation Requirements for New Food Service Facilities – All proposed or newly remodeled
food service facilities inside the City of Tybee Island Wastewater service area shall be
required to install an approved, properly operated and maintained grease interceptor. All
interceptor units shall be installed Outdoors of the food service facility building unless the
user can demonstrate to the wastewater Superintendent or his or her representative, that
an outdoor interceptor would not be feasible. All interceptor types shall be of a type and
capacity approved by the Wastewater Superintendent.
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b. Requirements for Existing Food Service Facilities – All existing food services facilities inside
the City Of Tybee Island Wastewater service area are expected to conduct their operations
in such a manner that grease is captured on the user’s premises and then properly disposed
of. Existing food service facilities will be handled under the City of Tybee Island’s Grease
Management Program in the following manner:
i. The City of Tybee Island will periodically inspect each food service facility on an as
needed basis to assure that each facility is complying with the intent of the Grease
management Program. The as needed inspection shall be determined by the Wastewater
Superintendent.
ii. Each food service facility in the vicinity of a problem area will be inspected. The facilities
grease control practices and the adequacy of their grease control interceptor and related
equipment will be asses. Maintenance records will also be reviewed.
iii. Following the inspection, the City of Tybee Island will send written notice to the
inspected facility, containing a summary of the policy requirements and the results of the
inspection. The inspection results will typically result in one of the following actions:
1. Facilities equipped with an appropriate and adequately sized grease interceptor who are meeting
the intent of the Grease management Program through effective grease control practices will be
commended for their compliance.
2. After notice and an opportunity to be heard, facilities not in compliance shall be required to
develop and submit to the Wastewater Superintendent a proposed plan designed to achieve
compliance through improved housekeeping and/or increased maintenance and pumping of the
existing grease interceptor equipment.
3. Facilities that are not successful in achieving compliance with the intent of the Grease
Management Program through improved housekeeping and increased maintenance of the grease
interceptor equipment will be required to install the necessary equipment to bring the facility into
compliance.
c. Prohibited Discharges – Domestic wastewater shall not be discharged to the grease
interceptor.
d. Waste Minimization Plan – Food service facilities shall develop and implement a Waste
Minimization Plan pertaining to the disposal of grease, oils and food particles. Educational
materials are available from City of Tybee Island water/Sewer Department regarding the
minimization of these wastes.
e. Floor Drains – Only floor drains which discharge or have the potential to discharge grease
shall be connected to the grease interceptor.
f. Location – Each grease interceptor shall be installed and connected so that it is easily
accessible for inspection, cleaning and removal of the intercepted grease at any time. Grease
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interceptors required under this ordinance shall be installed outdoors of the food service
facility. The best location is an area outside of an exterior wall but upstream of the domestic
sewer drain line. A grease interceptor may not be installed inside any part of a building unless
approved in writing by the Superintendent. The user bears the responsibility of demonstrating
that an outdoor grease interceptor is not feasible.
4. DESIGN CRITERIA
a. Construction of Interceptors – Grease Interceptors shall be constructed in accordance with the
City plumbing standards. Outdoor units will have a minimum of two compartments with
fittings designed for grease retention. All alternative grease removal devices or technologies
will be subject to the written approval of the Wastewater Superintendent. Such approval will
be based on demonstrated removal efficiencies of the proposed technology. Grease
Interceptor designs represent minimum standards for normal usage. Installations with heavier
usage require more stringent measures for which the user is responsible. The user shall pay
the costs to provide additional measures if required by the City of Tybee Island. The City of
Tybee Island reserves the right to evaluate interceptor sizing on an individual basis for facilities
with special conditions, such as highly variable flows, high levels of grease discharges or other
unusual situations that are not adequately addressed by the sizing formula.
5. GREASE INTERCEPTOR MAINTENANCE:
a. Pumping – All grease interceptors shall be maintained by the user, at the user’s expense.
Maintenance shall include the complete removal of all contents, including floating materials,
wastewater and bottom sludges and solids. Decanting or discharging of removed waste back into
the interceptor from which the material is removed or any other grease interceptor, for the
purpose of reducing the volume to be disposed is strictly forbidden.
b. Pumping Frequency – Outdoor grease interce3ptors must be pumped out completely a minimum
of once every three months. Under-sink or inline grease interceptors must be pumped completely
a minimum of once every month. Grease interceptors may need to be pumped out more
frequently as needed to prevent carry over of grease into the sanitary sewer system. Pumping
frequency may be extended past the minimum period if it can be demonstrated by the user and
approved by the Wastewater Superintendent.
c. Pump Out Order – When the oil and grease concentrations exceed the City of Tybee Island’s
maximum discharge limits and/or the combined depth of bottom and top solids exceeds 33% of
the total depth of the grease interceptor. The Wastewater Superintendent will issue a Pump Out
Order to the user. The user shall have seven days from receipt of the order to comply. When an
emergency exists, a written or verbal warning shall be given to the user and the user will have 24
hours to comply.
d. Disposal of Interceptor Pumped Material – All waste removed from each grease interceptor shall
be recorded on a proper manifest form. Also, all waste removed from each grease interceptor
must be disposed of at a facility approved of by the City of Tybee island to receive such waste in
accordance with the provisions of this program. In no way shall the pumped material be returned
to any private or public portion of the sanitary sewer system.
e. Additives – Any additive placed into the grease interceptor or building discharge line system on a
regular, constant or scheduled basis shall be reported to the Wastewater Superintendent. Such
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additives shall include but are not limited to, commercially available bacteria or other additives
designed to consume, absorb or treat fats, oils and grease. The use of additives shall in no way be
considered as an alternate technology or a substitution for maintenance requirements herein.
f. Chemical Treatment – Chemical treatments such as drain cleaners, enzymes, acids and other
chemicals designed to dissolve, purge or remove grease, shall not be allowed to enter the grease
interceptor.
6. ADMINISTRATIVE REQUIREMENTS
a. Initial Data Acquisition – All food service facilities will be asked to complete a data sheet to
establish the grease interceptor data base. A copy of the form has been attached to this
document as Appendix A. The City of Tybee island database will be updated with additional or
modified information after each yearly inspection.
b. Administrative Fees – No fee will be charged for an annual inspection. However, if the user’s
grease interceptor is not in compliance with this section, a $50.00 re-inspection fee will be
charged for each inspection thereafter, until compliance is achieved.
c. Inspection and Entry – Authorized personnel of the City of Tybee Island, bearing proper
credentials and identification, shall have the right to enter upon all properties subject to this
program, at any time and without prior notification, for the purpose of inspection, observation,
measurement, sampling, testing or record review, as part of this program.
d. Record Retention and Reporting – All users must keep a record of any cleaning or maintenance
of the grease interceptor. The following records must be kept on-site at the food service facility
for a period of two (2) years.
i. Manifests are required for all grease interceptors and shall contain the following information:
1. Food Service Facility information, including name, address, volume pumped, date and
time of pumping and generator (user) signature verifying the information.
2. Transporter information, including company name, address, license plate number, driver
name and driver signature verifying transporter information.
3. Receiving information, including facility name, address, date and time of receiving,
Georgia Environmental Protection Division permit number and signature verifying receipt
of the waste.
4. Manifests must be mailed, faxed or electronically submitted to the Wastewater
Superintendent within fourteen (14) days of interceptor maintenance.
5. A manifest may not be required for under-sink or inline grease interceptors if a user can
demonstrate to the wastewater Superintendent a valid reason not to use one.
ii. Maintenance logs are required for all under-sink and inline receptors. This log shall include
the date, time, amount pumped or cleaned, hauler, disposal site and signature. The log shall
be kept in a conspicuous location for inspection. This log shall be made immediately available
to the City of Tybee Island representative upon request. See Appendix B for an example.
7. Enforcement:
Enforcement of these regulations shall be in accordance with the provisions of the City of Tybee
Island’s Enforcement Response plan. Failure to comply with this program will be grounds for
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penalty imposition and/or discontinuation of water/sewer service. Additionally, failure to comply
may result in revoking of food service permit and or business license. See Appendix C for the City of
Tybee Island’s Grease Enforcement Response Plan.
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APPENDICES
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APPENDIX A
Grease Management Program Information Form
If your business processes, prepares or otherwise handles food products, your facility is required by
the City of Tybee Island to operate and maintain a grease interceptor that prevents excessive
discharge of fats, oils and greases to the sanitary sewer system. Please fill out his form accurately
and return to:
Wastewater Superintendent Office Telephone (912) 472 – 5051
Box 2749, 403 Butler Ave.
Tybee Island, Ga. 31328
After a review of this information, a City of Tybee Island technician will schedule an inspection of
your facility.
Facility Name
Facility Address
Billing Address ( If different )
On-Site Contact Contact Telephone
Corporate Contact (If
applicable)
Telephone
Number of Seats
Maximum daily hours of operation, including
preparation and cleanup time
Volume of existing outdoor grease
interceptor(s)
Indicate the Number of the Following Fixtures Present at your Facility
Kitchen Hand Sinks
Pre-rinse sinks
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Single Compartment Sinks
Double Compartment Sinks
Dishwashers
Indoor In-line (Under-sink) Grease Interceptors:
Size Cleaning Frequency Maintenance Log or
Manifest: Yes/No
Size Cleaning Frequency Maintenance Log or
Manifest: Yes/No
Size Cleaning Frequency Maintenance Log or
Manifest: Yes/No
Size Cleaning Frequency Maintenance log or
Manifest: Yes/No
Size Cleaning Frequency Maintenance Log or
Manifest: Yes/No
Where is the Grease from Indoor Interceptors Disposed?
Is the Pumping of Grease Contracted?
(Circle One)
Yes No Unknown
Who Does the Pumping/Hauling?
What is the Pumping Frequency?
Weekly Monthly Quarterly
Are Waste Manifests Used?
( Attach a Copy of last Manifest )
Yes No
Is the Grease Interceptor Pumped and Cleaned Completely?
Yes No
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Where is the Grease Disposed?
What are the Dimensions of (feet) and Location of all Grease Interceptors?
Depth Width Length Location
Does Sanitary Waste Flow to the Grease Interceptor?
Yes No Unknown
Does the Dishwasher Flow to the Grease Interceptor?
Yes No Unknown
Does the Kitchen Recycle all Available Oil Products?
Yes No Unknown
What is the Name of The Recycling Firm?
*NOTE *
The customer shall resolve all unknown information before the first inspection.
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CITY OF TYBEE ISLAND GREASE INTECEPTOR MAINTENANCE LOG
Pumper/Hauler
Address of Pumper/Hauler
Phone Number of Pumper/Hauler
Disposal Site Name and Address
Pumping/Cleaning Frequency
Date Cleaned Time Cleaned Inlet Chamber
Cleaned
Outlet
Chamber
Cleaned
Amount
Cleaned or
Removed
Signature of
Employee
This record must be maintained and available for inspection for two (2) years. If there is a problem or
concern pertaining to the release of oils and/or grease into the sewer system, please contact the
Wastewater Superintendent at 912-472-5051.
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City of Tybee Island
Grease Enforcement Plan
A. INTRODUCTION:
The purpose of this document is to present a plan for uniform enforcement actions to deal with User
noncompliance with all applicable state and federal laws required by the Clean Water Act of 1977, as
amended and including the City of Tybee Island Sewer Use Ordinance. Specifically section 6-2-5, item D,
Interceptors.
B. USER INVENTORY:
It is the responsibility of the City of Tybee Island to maintain an inventory of Users that have or are
required to have grease interceptors. The following list includes a number of resources used by the City
of Tybee Island for identifying facilities:
1. Telephone Listings
2. Previous Survey Results
3. Restaurant Directories
4. Sewer Connection Permits
5. Referrals from Other Agencies ( Health Department, etc.)
6. Site Visits
7. Reports from Other Regulated Industries
8. Citizen Reports
9. Contact from Potential Restaurants
10. Observations by Sampling , Surveillance or Inspection Personnel
11. Newspaper, Trade Journal or Business magazine Articles
12. Chamber of Commerce
13. Plumbers and Plumbing Inspectors
All new food service facilities are subject to requirements in the City of Tybee Island Grease
Management Program and are added to the list of regulated facilities.
C. COMPLIANCE MONITORING PROCEDURES:
Legal proceedings- Compliance with applicable regulations and ordinances are determined through
Compliance monitoring activities by the City of Tybee Island are necessary to identify and document
violations that can be presented as admissible and irrefutable evidence in administrative actions and
legal proceedings. Compliance with applicable regulations and ordinances are determined through and
evaluated through:
1. Reported data from users
2. Inspections conducted by the City of Tybee Island
3. Surveillance sampling and analysis conducted by the City of Tybee Island
4. Evaluation of application information by the City of Tybee Island
D. DATA SCREENING:
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The majority of the data to be screened and evaluated is generated through manifests, maintenance
logs, inspections and sampling. All data generated by these activities will be reviewed weekly by the
Wastewater Superintendent. Each violation is noted and appropriate enforcement action initiated. The
specific responses and time frames are detailed in the Enforcement Response section. Screening and
tracking reports submitted as part of a schedule of compliance are reviewed at least twice monthly.
Action is taken if required reports are not received or if milestones are missed.
E. Identification of Violations:
The identification of a violation of grease requirements, regardless of the severity, will initiate the
enforcement process. Discovery of a violation may occur as a result of any number of activities that
include:
1. Review of the Wastewater Department’s surveillance-sampling results
2. Review of user manifests and maintenance logs
3. Spill/accidental discharge reports from user
4. Notification of violation by user
5. Site visits and inspections by the City of Tybee Island
6. Information provided by the users employees
7. Observations by field personnel
8. Information provided by the public and private citizens
9. Review of compliance schedule requirements
10. Review of agreed judgement requirements
11. Information provided by other agencies
Once violations are identified, it is the responsibility of the Wastewater Superintendent, through
coordination with and actions of the City Marshall to implement the appropriate enforcement response
required in the plan. When determining the appropriate response, particularly one that includes the
imposition of penalties and/or fines, the specific procedures outlined in the Enforcement Response
section must be followed. However, additional criteria may be used in the determination including:
1. Magnitude of violation
2. Duration of violation
3. Effects of the violation
4. Compliance history of the user
5. Good faith of the user
F. Enforcement Procedures
Generally, all violations identified by the City of Tybee Island are reviewed, evaluated and addressed by
the appropriate enforcement response. The majority of enforcement actions begin with issuance of an
initial notice of violation. This letter describes the nature of the violation and informs the user that any
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additional violations may result in an escalated enforcement action. Once the user has been notified of a
violation or has knowledge of a condition which is a violation, the user may be allowed up to thirty (30)
days to correct the none compliance before escalation before escalation of the enforcement process
occurs. This thirty (30) day period applies only to the initial violation. Any violations occurring after this
period will be evaluated according to plan procedures. Emergency conditions require immediate
correction of non-compliance.
G. Enforcement Remedies Available to the City of Tybee Island:
1. Verbal Warning (VW) or Letter of Warning
2. Site Visit or Re-inspection (SV)
3. Notice of Violation (NOV)
4. Increased Self-monitoring or Reporting (ISM)
5. Consent Orders (CO)
6. Show-cause Hearing (SCH)
7. Compliance Order or Schedule of Compliance (SOC)
8. Cease and Desist Order (CDO)
9. Administrative Fines (AF)
10. Emergency Suspensions (ES)
11. Termination of Discharge (TOD)
12. Water Supply Severance (WSS)
13. Judicial Enforcement Remedies or Litigation (LIT)
H. Staff Responsibilities:
1. The Wastewater Superintendent in conjunction with the City Marshall and staff oversee all
collection and screening of data, organization of enforcement actions, review of actions
taken and general management of enforcement response procedures. They are authorized
to administer enforcement remedies from Verbal Warnings to Increased Self-monitoring.
2. Enforcement will be in conformance with the Ordinance.
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CITY OF TYBEE ISLAND GREASE ENFORCEMENT RESPONSE GUIDE
Noncompliance Nature of Violation Range of Response
Record or Reporting Violation 1. Missing or incomplete
information
2. Failure to provide
required reports (30
days late)
3. Falsification of records
or manifests
VW, LW, SV, NOV
Failure to Maintain Grease
Interceptor
1. Infrequent
2. Frequent or Recurring
VW, LW, SV, NOV
CO, SCH, AF, TOD, WSS, LIT
Improper Waste Disposal Evidence of Intent
(Dumping into Sewer)
CO, SCH, AF, TOD WSS, LIT
Compliance Schedule 1. Missed Milestone
2. Failure to Install
Required Equipment
3. Missed Final Date
(90 days outstanding,
without valid cause)
VW, LW, SV, NOV
CO, SCH, AF, TOD, WSS, LIT
CO, SCH, AF, TOD, WSS, LIT
Failure to Mitigate
Noncompliance or Cease
Production
Failure to Cease CO, SCH. AF, TOD, WSS, LIT
Failure to Provide Free Access
to Facility or Records
1. Initial Violation
2. Recurring Violation
VW, LW, SV, NOV
CO, SCH, AF, TOD, WSS, LIT
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CITY OF TYBEE ISLAND ENFORCEMENT GUIDANCE AND TIME FRAMES
1. Whenever a Notice of Violation is issued that requires a response and the user fails to
respond, the next level of enforcement will be taken.
2. Enforcement responses may be escalated as needed and the City of Tybee is empowered
to take more than one enforcement action against any non-compliant user.
3. The City of Tybee Island may charge any user for Recovery of Costs incurred.
Time Frames for Enforcement Responses:
a. All violations will be identified and documented within seven (7) days of receiving
compliance information.
b. Initial enforcement responses involving contact with the user and requestinf information,
corrective or preventative actions will occur within thirty (30) dys of violation detected.
c. Follow up actions for continuing or recurring violations will be taken within sixty (60) days
of the initial enforcement response. For all continuing violations, the response will include
a compliance schedule.
d. Violations that threaten health, property or environmental quality are considered
emergencies and will receive immediate responses such as halting the discharge of the
user.
NOTE
Designs for grease interceptors may be obtained from the Wastewater Superintendent
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
19. Second Reading, 2020-09, Parking Fines, Sec 66-147, Sec 66-147(c)
201
ORDINANCE NO. 2020 -09
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SO AS TO UPDATE THE
PROVISIONS FOR THE PAYMENT OF PARKING FINES AND TO ESTABLISH AN
EFFECTIVE DATE AND TO REPEAL CONFLICTING ORDINANCES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers;
WHEREAS, due to the inconsistency and parking rates currently existing and the limited
penalty for failure to pay a citation an amendment to the Code updating the penalties for failure
to pay necessitates an amendment.
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island as follows:
SECTION 1
Section 66-147 (c) is hereby amended so that hereafter such subsection shall read as
follows:
(c) Delinquency of payment. The failure of that owner or operator to make a full
payment within ten (10) days shall result in the issuance of a parking citation delinquency notice
which shall demand full payment plus a $20 penalty by a specified payment due date. The failure
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of that owner or operator to make said payment will result in issuance of an administrative hearing
notice which shall demand:
(1) full payment of the parking violation fine, the $20 delinquency penalty; or
(2) the owner or operators appearance on a given date at specified time and location
for an administrative hearing.
SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
203
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. Second Reading, 2020-10, Regular Meetings
204
ORDINANCE NO. 2020-10
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING THE
SCHEDULING OF MEETINGS AND THE CANCELLATION OF A MEETING, CONSENT
AGENDAS AND FOR OTHER PURPOSES
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia;
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers;
WHEREAS, the Mayor and Council wish to revise the time of the starting meetings and
the provisions regarding consent agendas;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island as follows:
SECTION 1
Regular meetings of the mayor and council will be held on the second and fourth Thursday
of each month at 6:30 p.m. In November, December and January there will ordinarily be one
regular meeting which will be on the second Thursday of such months at 6:30 p.m. Meetings for
June and July will have one regular meeting on the second Thursday of such months at 6:30 p.m.,
and ordinarily in June, there will be multiple budget meetings. The Mayor and Council may at
any time during a meeting vote to cancel a regular meeting that was scheduled to be conducted on
a future date. Special meetings may be called as provided by law. Meetings, unless otherwise
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directed, shall be held in city hall or the municipal courtroom as may be designated by the mayor
and council from time to time. Public hearing under appendix "A" of this Code shall ordinarily be
scheduled for the first meeting of each month; however, special meetings, including any public
hearings under appendix A of this Code, may be held as provided by section 2.19 of the city
Charter.
SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
206
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. Second Reading, 2020-11, Sec 12-1(a), Restriction on Beach Smoking in Designated
Areas
207
ORDINANCE NO. 2020-11
ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE
ISLAND SO AS TO ADD TO SECTION 12-6 REGARDING BEACH RULES TO
ESTABLISH A NO SMOKING AREA AND FINES APPLICABLE THERETO TO REPEAL
CONFLICTING ORDINANCES AND FOR OTHER PURPOSES AND TO ESTABLISH AN
EFFECTIVE DATE AND TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF
THE PROVISIONS THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and
home rule powers; and
WHEREAS, the City, through the mayor and council thereof, has determined that the
hazards of smoking tobacco and the creation of litter as a result as well as the use of vaping
devices of any type are hazardous to the health of those smoking or vaping as well as to others
using the municipal beaches; and
WHEREAS, the use of smoking products, including cigarettes, creates litter that
increases the burden on city workers and on volunteers who work to clean the beach; and
WHEREAS, the City is establishing or has established an administrative ordinance such
that it is appropriate that violations of the hereinafter provided for prohibition of smoking and
vaping and/or devices therefor in certain areas of the beach should generate a penalty to be
imposed as a civil/administrative fine; and
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WHEREAS, the City wishes to tentatively or temporarily establish a prohibition on the
use of tobacco, including vaping of such products, within a designated area of the beach in order
to analyze the benefits and practicality of a prohibition, including the anticipated reduction in
litter, and therefore wishes to amend the Code so as so provide for the prohibitions hereinafter
stated for a period of 12 months from the date of final adoption hereof at which time the
prohibition will expire unless council shall take additional action; and
WHEREAS, the use of smoking and vaping materials creates litter that is detrimental and
harmful to the environment and necessitates substantial clean up activities by city staff,
volunteers, and personnel and is inconsistent with the proper enjoyment of a beach used for
family and recreational purposes; and
WHEREAS, citizens and tourist, including children, are entitled to an area free from
harmful smoke and litter so as to enjoy the untainted, air, sand and water; and
WHEREAS, the litter generated from cigarettes is hazardous to and damages wildlife and
marine animals and therefore amounts to additional justification for the prohibition imposed
below.
NOW, THEREFORE, be it ordained by the Mayor and Council that Section 12-1(a) Use
of Municipal Beaches and facilities, shall be amended so as to add paragraph number "21"
thereof which shall provide as follows:
SECTION 1
It shall be unlawful for any person to smoke, vape or use tobacco or related products in
an area of the public beach commencing at the improved right of way of 14th Street and
proceeding easterly to the ocean and inclusive of the ocean and then proceeding in a southerly
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direction to the end of the right of way of 16th Street/Tybrisa Avenue, to include the dune areas
and ocean adjacent to the beach.
SECTION 2
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 3
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION 4
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________, 2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
210
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. Jan LeViner, Voter Rolls
211
212