HomeMy Public PortalAbout20200514CityCouncilPacket.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 G E N D A
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
May 14, 2020 at 6:30 PM
Please silence all cell phones during Council Meetings
Consideration of Items for Consent Agenda 6:30PM
Opening Ceremonies
Call to Order
Invocation: Rev Sue Jackson, Trinity Methodist
Pledge of Allegiance
Announcements
Consideration of the approval of the minutes of the meetings of the Tybee island City Council
1. Minutes, City Council Meeting, April 23, 2020
2. Notes: City Council Workshop, April 28, 2020
Consideration of Boards, Commissions and Committee Appointments
3. Beach Task Force Appointments (all re-appointments)
Cathy Lewis - Chair Joe Richardson
Mark Padgett - Vice Chair Kate Burns
Frank Wooldridge Cathy Sakas
Helen Downing Michael Foran
Jimmy Burke Sam Adams
Harvey Ferrell
Consideration of Approval of Consent Agenda
Consideration of Bids, Contracts, Agreements and Expenditures
4. Lease, American Tower, 78 Van Horn
5. Proposed Contract/Lease, Telecom Tower Rentals
6. Street Sweeper Lease, Repurchase Agreement and Resolution
7. National Fish and Wildlife Agreement and Resolution
8. Budget Amendment to Cover Shortages in Service Contracts and Telephone/Internet
Costs, from various accounts
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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
Consideration of Ordinances, Resolutions
9. Second Reading, 2020-03, Administrative Fines, Municipal Beach Rules
Council, Officials and City Attorney Considerations and Comments
10. Shirley Sessions: 4th of July Fireworks, crowd control and spacing
11. Bubba Hughes: Purchase of Property, John Mowry, 101 19th Street
12. John Branigin: YMCA Update and Expanded Use of Gym
13. Shawn Gillen: Expanding outdoor dining options for the near future
Executive Session
Discuss litigation, personnel and real estate
Possible vote on litigation, personnel and real estate discussed in executive session
Adjournment
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons.
*PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings,
should do so during the citizens to be heard section. Citizens wishing to place items on the council
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, April 23, 2020
3
City Council Minutes, April 23, 2020
Mayor Sessions called the City Council Meeting to order at 6:30PM. Those attending in
person were Monty Parks, John Branigin, Barry Brown and Spec Hosti. Those attending
via telephonic conferencing were Jay Burke, Nancy DeVetter and Bubba Hughes, City
Attorney. Also attending were Dr. Shawn Gillen, City Manager and Janet LeViner, Clerk
of Council.
Mr. Hughes explained the current Executive Orders as directed by Governor Kemp. Dr.
Gillen stated there is an extension of the Emergency Order from the Governor’s Office
stating restaurants will be opening on Monday, April 27, 2020 but social distancing will
still be in effect. He also stated that it is the consensus of the other City Managers and
County Officials that local authorities do not have the authority to enforce the rules as set
forth by the Governor. Mayor Sessions stated on May 13, 2020 all Executive Orders cease
and unless there is a State of Emergency the Governor cannot issue further Executive
Orders. Mr. Parks stated it is his understand on April 30, 2020 the STVR’s restrictions
and beach restrictions will cease and if the Governor wishes to extend he has until May
13, 2020 to do that under the Declaration. Mr. Branigin stated there is a new Executive
Order dated April 23, 2020 and basically seems to repeat the Governor’s previous
Executive Order shall be effective until May 1, 2020 until May 13, 2020 and includes such
restrictions as you may not have guests in your home. Mr. Hughes stated he has not seen
the newest Order as it was signed but will download.
Mayor Sessions thanked all of Staff for their hard work. She reported that all Staff that
had been at home doing self-quarantine have returned to work as they did not test positive
with the virus. Dr. Gillen confirmed.
Nancy DeVetter gave credit to the local businesses that have made the decis ion not to
open. She also stated she does not agree with Governor Kemp’s order and she personally
requested that Tybee’s businesses remain closed and residents continue to remain at
home. Ms. DeVetter gave credit to North Beach Bar and Grill, AJ’s Dockside, Coco’s, The
Deck, 80 East, Sundae Café, Salt Island, and others as they are remaining to do carry-out
only. She would also recommend the administrative offices remain closed to protect the
Staff.
Mayor Sessions stated she and council have heard from numerous STVR’s and they
remain not to have new check-ins and new reservations until the end of April 2020 or
sometime in May 2020.
Monty Parks stated that many of the Island’s retail businesses remain closed and is a huge
consideration for keeping the traffic down on the Island. Mr. Parks would personally like
to take this opportunity and thank them.
Mayor Sessions listed the following items on the Consent Agenda:
Minutes, City Council Meeting, April 9, 2020
4
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I n v o c a t i o n J a n L e V i n e r
P l e d g e o f A l l e g i a n c e
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e x p e r i e n c i n g d u e t o t h e v i r u s . D r . G i l l e n g a v e a b r i e f p r e s e n t a t i o n ( a t t a c h e d ) , w h i c h w a s
d i s t r i b u t e d v i a e m a i l t o M a y o r a n d C o u n c i l r e g a r d i n g t h e c u r r e n t b u d g e t . H e s t a t e d p r i o r t o t h e
v i r u s , t h e C i t y w a s o n t r a c k w i t h s p e n d i n g a n d r e v e n u e s . D r . G i l l e n w e n t o n t h e p r e s e n t a p l a n
f o r l o s s r e v e n u e s a n d r e p a y i n g t h e f u n d b a l a n c e w i t h c u t s i n s p e n d i n g s u c h a s c a p i t a l i t e m s . H e
f e e l s t h a t b y c u t t i n g e x p e n d i t u r e s , r e v e n u e s w i l l b e s u f f i c i e n t t o r e p a y t h e f u n d b a l a n c e f o r
s u p p l e m e n t a l m o n i e s u s e d t o r u n t h e C i t y . M r . P a r k s s t a t e d t h a t n o n e o f t h e d e c i s i o n s a n d
c o n s i d e r a t i o n s a r e g o i n g t o b e m a d e t o m a x i m i z e r e v e n u e . D e c i s i o n s w i l l b e m a d e t o k e e p t h e
c o m m u n i t y h e a l t h y . T h e m a i n t h i n g i s t o k e e p p e o p l e h e a l t h y a n d t o k e e p t h e c o m m u n i t y s a f e .
H e c o n t i n u e d , t h e r e i s s u f f i c i e n t m o n e y t o e n s u r e t h e r u n n i n g o f t h e C i t y .
J o h n B r a n i g i n m a d e a m o t i o n t o a d j o u r n . M o n t y P a r k s s e c o n d e d . V o t e w a s
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
J a n e t R . L e V i n e r , C M C
C l e r k
5
Covid 19 Budget Impacts
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DON’T
PANIC
Take Care of the Staff
Assume the Worst Case Scenario
Use Fund Balance to Stabilize Short Term
Revenues and Establish a Disciplined
Payback to Fund Balance
Use One Time Money to Buy Long Term
Savings
Reduce Head Count Only Through Natural or
Incentivized Attrition
Invest in Technology
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Our Focus is On
the General
Fund.
The other funds do not have the volatility
in its revenues that the general fund has.
The water/sewer fund will have a stable
revenue stream.Same for the solid waste
fund.
The campground will struggle but Jamey
has been a good steward of the
campground finances and will be able to
recover.
SPLOST Funds are capital projects only so
will have no short term impact on
operations.
8
This Projected
Short Fall is a
Worst Case
Scenario.
Every dollar we take in in revenue for
parking, Court, and Hotel/Motel is one
less dollar we have to borrow from fund
balance.
The total revenue short fall will depend
on the total parking, Court Revenue and
Hotel/Motel tax we see generated in May
and June
This projected shortfall does not account
for any reimbursements we may get from
FEMA.
9
Challenges
Our revenues a back-end loaded
and our expenditures are front-end
loaded, which has made this current
situation even more challenging.
The worst case at this point is if we
receive zero revenue for Parking,
Hotel/Motel tax, and Court between
March 31st and June 30th.
10
DON’T
PANIC
This results in a revenue
shortfall of $3,298,793.
Plus the $1,500,000 of budget
usage of fund balance
The total budget gap is
$4,798,793
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Immediate
Stop Gap
Measure 1
Step one was to cancel all
capital projects.The balance
of the unspent capital
is $798,923.
That brings our shortfall target
to $3,999,870
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Immediate
Stop Gap
Measure 2
Step two was to freeze all
hiring.By leaving all vacant
positions vacant and adding the
savings from vacancies earlier in
the year we can reduce the
budget by $978,889
This brings the shortfall target to
$3,020,981
13
Immediate
Stop Gap
Measure 3
Freeze all discretionary
Spending
Total Reduction from this
measure is $658,753
This brings the shortfall target
to $2,362,228
14
FYE 2021
Budget
Impacts
We will assume that revenues
will be less than previous years
As we go into next year we
should expect that there will be
no capital expenditures out of
the General Fund.
All excess revenue in the
general fund should go to
paying back the fund balance.
15
FYE 2021
Budget
The hiring freeze that is currently in
place will remain in place for the
next fiscal year.
We will be making investments in
our technology that will reduce
ongoing costs.
As we are forced to re-evaluate our
operational process we will
discover new ways to do things with
fewer resources.
If we need to make investments in
technology there will be a
demonstrable reduction in ongoing
costs.
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Reduce Head Count
Through Natural or
Incentivized Attrition
and Invest in
Technology
We are developing an early retirement incentive and
possibly a separation incentive to lower the head
count.
If we reduce our employee count we need to do so by
incentivizing folks to leave not by forcing them out
the door.
If someone self-selects out of the organization
through this process the position will remain vacant
for at least the next fiscal year.
We may have to make changes to work assignments
and organizational structure to make sure tasks are
getting completed.
Both investments in technology and early retirement
incentives are examples of using one time money to
buy ongoing cost reduction.
17
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
2. Notes: City Council Workshop, April 28, 2020
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NOTES: WORKSHOP/RETREAT April 28, 2020
Mayor Sessions called the workshop to order at3:30PM on Tuesday, April 28, 2020.
Those attending in person were John Branigin, Monty Parks, and Spec Hosti. Also
in attendance was Jan LeViner, Clerk of Council. Those attending via Zoom were
Shirley Sessions, Barry Brown, Nancy DeVetter and Jay Burke. Also attending via
Zoom were Bubba Hughes, City Attorney and Shawn Gillen, City Manager.
Mayor Sessions welcomed everyone and gave a brief synopsis of the agenda for the
City Council Agenda.
Dr. Gillen: City Facilities
City Offices
o What constitutes with Phase I and opening
o Chatham County – May 13th will begin Phase I of opening city offices
13 May – open for 4 hours a day, 10AM – 2PM
Water bills – in paying with cash may come in
Parking decals – may come in
Meet with others – appointment only
Someone at front door – only one person in building at a
time
TIFD will disinfect City Hall prior to opening
TIFD will conduct training on how to wear a mask and
gloves
Expanding into Phase II – not sure when that will start
o Phase II
Not sure when that will happen
Discussion
Mayor Sessions: If people come City Hall, what is the process
o Dr. Gillen: Alice will be stationed outside City Hall and will have a form
for people to complete prior to coming in City Hall
Mayor pro tem Brown: Can we take temps of those coming to City Hall.
o Dr. Gillen: not sure but will find out
Mr. Parks: happy to wait until May 13th to open is good. Like the form.
Ms. DeVetter: has some concerns with opening. Can it roll-back opening
Mr. Parks:
o Tremendous responsibility moving forward
o Shelter in place – end Thursday
19
o DNR – expires Thursday
o People have disregard of barricades
o Parking in neighborhood is not good. Parking for visitors should be in
controlled areas
o Strong responsibility to Police, DPW, Parking and Staff
o Meet weekly for the next month
Mayor Sessions: Spoke with Michael as to support from GaSP and DNR for
weekend. Confirmed and governor not taking away for the weekend.
Mr. Hughes:
The City does not have a choice – but with opening city hall we can do what
we want. The county has determined they want admin offices open May 13.
Dr. Gillen: Those who can work from home will continue to work from
home
Mayor Sessions: by working with the Chatham County, May 14th for soft
opening shows unity.
Parks/Playgrounds
Dr. Gillen:
o Signs have been taken down.
o Playgrounds: have been kept locked.
Mayor Sessions: YMCA waiting to open
Dr. Gillen
o Recommending keeping playgrounds closed and follow YMCA
o Mr. Hosti: keep playgrounds closed
o Ms. DeVetter: keep the playgrounds closed through May 13th
Restrooms
Dr. Gillen
Opened for the weekend and were closed on Monday March 27th.
Open only for weekends
Mayor Sessions: agreed to open for weekends
Mr. Branigin: recognized there will be lots of people on the Island as
STVR’s will be opening. Leave open
Mr. Parks: asked Dr. Gillen if doable – confirmed
Ms. DeVetter: confirmed the bathrooms will be open and asked if DPW
will have special protocol. Dr. Gillen confirmed.
20
Parking Services/beach crossovers/parking lots
Mayor Sessions: is it possible to add to electronic signs – recommending
parking services app. This will help staff as they won’t have to empty
machines.
Dr. Gillen: to reach out to Chief Bryson as he has the number
Dr. Gillen: 6700 vehicles in April 26th weekend
o Recommending opening parking lots, every other parking space
o Mayor pro tem Brown: Plan – open 16 and 18 street – close every
other parking space, give everyone one way on and off beach via
crossovers. The challenge will be to have staff there.
o Dr. Gillen: hard to maintain one way off and on beach. Not enough
staff to man
o Mr. Hosti: not our job to enforce social distancing. Need to open all
the crossovers and not block off parking spaces. People need to be
responsible.
o Dr. Gillen: parking lot not an issue.
o Mayor Sessions: open some or all crossovers. 14-18th are the busiest
crossovers
o Mayor pro tem Brown: still wants to open
o Mr. Branigin: agrees with Mr. Hosti. Social distancing is responsible
for themselves. All crossovers and parking spaces should be open.
Crossovers being one way will not be adhered to.
o Mr. Parks: take down all barricades and open strand parking lot. Not
14th Street. Will go with every other parking spaces. Not possible to
make crossovers one way.
o Mr. Burke: slow down and have every other parking space. Not open
all crossovers. Be smart – slow down – need enforcement
o Mr. Branigin: More comfortable every other parking space but not
going on at Publix, etc. Take down all crossovers. The Governor has
put us in this spot and he doesn’t have sympathy for him. DNR is not
writing tickets. GaSP is not writing tickets as well.
o Mayor Sessions: not sure what the Governor told DNR and GaSP have
been told. Good that our officers were present. Whatever we decide
regarding parking and crossovers and must convey to DNR and GaSP
decisions by the City regarding enforcement
21
o Ms. DeVetter: City Marshal program?? Concentrating access to the
beach. Partially opening parking lots and put the marshal there for
enforcement.
o Dr. Gillen: city marshal are brining on two people, animal control, who
will be worked in for enforcement.
o Mr. Parks: all crossovers open, Alley 3 should be open as well as the
fishing pier.
o Mayor Sessions: Alley 3 – one responsible owner that uses Alley 3 for
kayaks, and we need to help that owner.
o Mr. Hosti: open Alley 3 confirmed as long as used responsibility
o Mr. Parks: fishing pier to be open
o Ms. DeVetter: open parking lots, not Alley 3.
o Mr. Burke: Keep Alley 3 and Fishing pier closed. Open all crossovers
o Mayor Sessions: some in favor or open in concentration area 14 -18
o Dr. Gillen: 14 and 18 – open crossovers, open Strand parking lot and
flexibility to open 16th and 16th lots if needed.
o Mr. Parks: what about NB parking lot?
o Dr. Gillen: not in favor of NB parking lot dues to staffing
o Mr. Parks: need to take down NB signs at crossovers
o Mr. Branigin: More disagreement regarding crossovers. Need to
separate the two.
o Mr. Hosti: recommended to open all crossovers.
John, Monty, and Spec,
Nancy, Jay and Barry – against
o Mr. Hughes reminded mayor and council they designated Manager to
move forward with his decisions. Manager would have the ability on
what to open, crossovers and parking lots.
o Mr. Parks: Residential crossovers, 5-14, why can’t they be open
o Dr. Gillen: will use his judgement. Will monitor and if it gets busy he
will open
o Mr. Parks: handed over to Shawn and glad he has heard the
discussions
o Dr. Gillen: staff meeting in the morning and will report back to mayor
and council after speaking with Chief. Maybe have a rolling open
o Mr. Branigin: reminder if open 16 parking lot, Fanny’s were allotted
two parking spaces for to-go.
22
o Mayor Sessions: consensus to let Shawn and Chief make the decisions
regarding opening of parking lot and crossovers.
o Mr. Hughes: Shawn, Pete and Chief will know immediately when
parking is filling.
Meetings
Mr. Parks: need to have weekly meetings
Assistance to Businesses
Residents: waiving of late fees
Mr. Hughes
No new Administrative Order
Thursday is the last day of shelter in place
Under the new order, May 1, it will not apply to those who are 65 and older
Need to watch as the Governor can change
Non-critical business can operate as of April 2nd order if they practice
safeguards. Gift shops and tee shirt shops can operate but in minimal people
o Mr. Branigin: allowing STVR’s to open. Need to open campground.
o Mr. Hughes: campground is policy matter and up to the City.
Mayor pro tem Brown: both STVR’s have agreed to follow the City wishes as
to not take any new reservations and check-in.
Mr. Branigin: Voluntary Agreement was through April 30th.
Mayor Sessions: has spoken to some and they are not receiving calls.
Michelle Owens –Downtown Development and Main Street (presentation
attached)
Businesses need cash and customers
Extend deadlines
Discount fees
Grant was received – businesses will be able to use to defer rent and
utilities??
What can the City do financially for the small businesses
They are figuring out how to do their business plan
Expanding by “buy Local”
Main Street would purchase gift cards and sell at a discounted rate.
Sand Dollar Program ???
Ms. DeVetter: immediate needs
o Repurpose the grant to assist in paying bills
Process for changing grant
23
�� L i m i t t o b u s i n e s s e s w h o a c t u a l l y c l o s e d n o t t h o s e w h o s t a y e d
o p e n
�� T h i s c o u l d h a p p e n s o o n
�� T h i s i s t h r o u g h t h e D D A e x p a n s i o n o f w h a t i s i n p l a c e
o I f a n y o n e h a s a n i n v e s t o r , p l e a s e l e t M i c h e l l e k n o w a n d s h e w i l l r e a c h
o u t t o t h e m
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o C l a s s e s
o T h e y c o u l d e a t a t t h e l o c a l b u s i n e s s e s
o S p e c : t h a n k e d M i c h e l l e f o r h e r p r e s e n t a t i o n . C a n t h e b u s i n e s s e s p u t
o u t t a b l e s
M r . P a r k s : o p e n c a m p g r o u n d a s n o r m a l . M r . B r a n i g i n a g r e e d .
�� M s . D e V e t t e r : s u p p o r t k e e p i n g c a m p g r o u n d c l o s e d .
�� J o h n , M o n t y , S p e c w a n t i t o p e n e d .
�� D r . G i l l e n : m o v e f o r w a r d w i t h o p e n i n g c a m p g r o u n d o n M a y 1 . B u t d o n o t
t a k e a n y n e w .
�� M r . B r a n i g i n : n e e d t o o p e n a s t h e r e a r e s o m a n y c o m i n g
�� M r . P a r k s : o p e n . J a m e y i s o p e r a t i n g g o o d a n d s a f e .
�� M r . H u g h e s : c o n f i r m s t o o p e n
M a y o r S e s s i o n s : N o n - p r o f i t
�� T h e a t e r n o t o p e n i n g p r i o r t o m i d d l e o f M a y . N o f i n a l s o l u t i o n d u e t o s o c i a l
d i s t a n c i n g
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�� L i g h t h o u s e n o t o p e n i n g r i g h t n o w
D r . G i l l e n : M o v i e s i n p a r k ?
�� N o n e s c h e d u l e d . D o w e n e e d t o b r i n g b a c k .
�� M i c h e l l e t o t a k e t o t h e B O D a n d d e c i s i o n .
M e e t i n g a d j o u r n e d a t 6 : 0 0 P M . M o n t y P a r k s m a d e a m o t i o n t o a d j o u r n . S p e c
H o s t i s e c o n d e d . V o t e w a s u n a n i m o u s t o a d j o u r n , 6 - 0 .
2 4
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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. Lease, American Tower, 78 Van Horn
26
10590 West Ocean Air Drive, Suite 300
San Diego, CA 92130 c/o Md7
February 19, 2020
City Of Tybee Island Ga
P O Box 2749
Tybee Island, GA, 31328-2749
RE: Site: Tybee Island, located at 78 Van Horn, Tybee Island, GA, 31328-9719
Dear Landlord,
American Tower Company (ATC) is actively reviewing its portfolio of sites to determine ways to maintain a more
efficient and economical portfolio. This site has been identified as a “Modification Necessary” site where changes
have been identified that are necessary to maintain tenancy. We are in very competitive space and modifications
to your Lease are needed in order for ATC to maintain a long term marketable presence at this location. As a part of
this review, ATC has implemented a program that will offer you the opportunity to potentially strengthen your
strategic relationship as well as provide you the opportunity to secure your rental income.
ATC has partnered with Md7 to provide services in administering this program that would greatly benefit you moving
forward. ATC would appreciate a timely response to this notice, and a non-response in the next 30 days will trigger
a review of alternate locations. At this time, we request that you contact Md7 directly at the numbers listed below to
discuss suggested changes to the agreement for the equipment on your property. Please provide your Site ID to the
contact below.
Should you choose not to participate in this program this site will be reviewed for alternate strategies including but
not limited to potential relocation and/or termination of the site if permitted under the Lease.
ATC appreciates the established relationship with you and we look forward to finding a solution to ensure long term
tenancy.
Sincerely,
Piero V. Maniaci
Senior Manager, Land Acquisitions
American Tower Corporation
PLEASE CONTACT: Billy Ingle
PHONE: 858-997-1066
SITE ID: 303430
PLEASE PROVIDE YOUR SITE ID WHEN CALLING.
27
MD7, LLC | 10590 W Ocean Air Drive, Suite 300 | San Diego, CA 92130 | 858.799.7850
February 19, 2020
City Of Tybee Island Ga
P O Box 2749
Tybee Island, GA 31328-2749
RE: American Tower Site No. 303430 / Tybee Island
Dear Valued Landlord,
As the leading independent operator of wireless and broadcast communication sites, American Tower understands the
importance of maintaining long term relationships with landlords. We also firmly believe that it is in both of our best
interests to grow and develop our partnership. Recently, an increasing number of Carriers have demanded a desire for
better economics in order to continue to lease from American Tower.
In connection with this interest and our own desire to maintain a long-term relationship with you, American Tower has
engaged Md7 to present you with an offer of as described below:
• $2,666.67 per month commencing June 1, 2020
• 10% term - 5 years escalation will continue December 1, 2022
Or
• A one-time lump sum payment of $550,000.00 in exchange for a perpetual easement interest in your property paid
at close in lieu of rental payments.
American Tower values its affiliation with you and hopes to continue a long and mutually profitable relationship in the
years to come. After having reviewed these options, please contact me.
Respectfully,
Billy Ingle
Md7 | Lease Consultant
bingle@md7.com
O 858-997-1066
An authorized partner of American Tower Corporation
cc: Brandon Ruotolo - Senior Manager, Land Acquisitions - American Tower Corporation
**PLEASE NOTE: This conditional offer expires and is for discussion purposes only. The parties will not be bound in any
respect until and unless a written agreement is signed by all applicable parties.
28
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. Proposed Contract/Lease, Telecom Tower Rentals
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31
32
33
34
35
36
37
38
39
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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. Street Sweeper Lease, Repurchase Agreement and Resolution
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42
43
44
45
46
47
48
RESOLUTION
[MATER LEASE]
WHEREAS, TYBEE ISLAND (the "City") desires to lease certain machinery, equipment
or other personal property (the "Equipment") pursuant to a Master Lease (Equipment (the "Master
Lease") with or through Ameris Bank or such other lender deemed to be in the best interest of the
City;
WHEREAS, it is found that the Equipment, and the leasing thereof, is essential to the
operation of the governmental functions of the City.
NOW, THEREFORE, BI IT RESOLVED:
1. The Mayor, and Clerk of the City are hereby authorized and directed in the name
and on behalf of the City to execute and deliver the Master Lease in substantially the form
presented to this meeting, with such changes and additions as shall be approved by the officer who
executes the same, and such other documents shall be deemed by such officer to be necessary or
desirable to effect the purposes of this Resolution; and such execution shall constitute conclusive
evidence that the executed document has been authorized and approved by this Resolution.
2. The aforesaid officers are further authorized to do all things necessary or
appropriate to affect the purposes hereof.
3. The Resolution shall be effective immediately.
CITY OF TYBEE ISLAND, GEORGIA
By: ___________________________________
Shirley Sessions, Mayor
ATTEST:
By: ___________________________________
Clerk of Council
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
7. National Fish and Wildlife Agreement and Resolution
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NATIONAL FISH AND WILDLIFE
FOUNDATION
GRANT AGREEMENT
1. NFWF PROPOSAL ID:
65186
2. NFWF GRANT ID:
0318.19.065186
3. UNIQUE ENTITY IDENTIFIER
(DUNS #)
010689321
4. INDIRECT COST RATE (REFERENCE
LINE 17 for RATE TERMS)
N/A
5. SUBRECIPIENT TYPE
State or Local Government
6. NFWF SUBRECIPIENT
City of Tybee Island
7. NFWF SUBRECIPIENT CONTACT 8. NFWF GRANTS ADMINISTRATOR/NFWF CONTACT INFORMATION
Alan Robertson
403 Butler Avenue PO BOX 2749
Tybee Island, GA 31328
Tel: 847-525-5040
arobertson@cityoftybee.org
Arielle Mion
National Fish and Wildlife Foundation
1133 15th Street, N.W. Suite 1000
Washington, D.C. 20005
Tel:202-857-0166
Fax: 202-857-0162
Arielle.Mion@nfwf.org
9. PROJECT TITLE
City of Tybee Island Coastal Marsh and Community Resilience Adaptation (GA)
10. PROJECT DESCRIPTION
Utilize a design approach focused on the interface of engineering, hydrology, ecology, and social science to enhance natural features
and protections that reduce flooding impacts on critical human infrastructure and fish and wildlife habitat. Project will launch initial
measures for the assessment and prioritized identification of integrated design strategies thus increasing resilience to storm and flood
events.
11. PERIOD OF PERFORMANCE
January 15, 2020 to January 14, 2021
12. TOTAL AWARD TO SUBRECIPIENT
$125,000
13. TOTAL FED. FUNDS
$125,000
14. TOTAL NON-FED. FUNDS
N/A
15. FEDERAL MATCH REQUIREMENT
N/A
16. NON-FEDERAL MATCH REQUIREMENT
$175,000
17. SUBRECIPIENT INDIRECT COST RATE TERMS
The rate specified in Line 4 reflects that the Subrecipient has elected not to claim an indirect cost rate and that this election shall
apply throughout the project’s period of performance.
18. TABLE OF CONTENTS
SEC.DESCRIPTION
1 NFWF Agreement Administration
2 NFWF Agreement Clauses
3 Representations, Certifications, and Other Statements – General
4 Representations, Certifications, and Other Statements Relating to Federal Funds- General
5 Representations, Certifications, and Other Statements Relating to Federal Funds – Funding Source Specific
6 Other Representations, Certifications, Statements and Clauses
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19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL
A. FUNDING SOURCE (FS)B. NFWF FS ID C. FS AWARD DATE
TO NFWF
D. FAIN E. TOT FED.
AWARD TO NFWF
F. TOT OBLG.
TO SUBRECIPIENT
G. CFDA
National Oceanic and
Atmospheric Administration
FC.R418 8/27/2019 NA19NOS4730148 $29,850,000 $125,000 11.473
20. NOTICE OF AWARD
The National Fish and Wildlife Foundation (NFWF) agrees to provide the NFWF Award to the NFWF Subrecipient for the purpose of satisfactorily performing the Project
described in a full proposal as identified on line 1 and incorporated into this Grant Agreement by reference. The NFWF Award is provided on the condition that the NFWF
Subrecipient agrees that it will raise and spend at least the amount listed on lines 15 and 16 in matching contributions on the Project, as applicable. The Project must be
completed, with all NFWF funds and matching contributions spent, during the Period of Performance as set forth above. All items designated on the Cover Page and the Table
of Contents are incorporated into this Grant Agreement by reference herein. NFWF Subrecipient agrees to abide by all statutory or regulatory requirements, or obligations
otherwise required by law, required of a subrecipient of Federal grant or cooperative agreement funds. Subrecipient is obligated to notify NFWF if any of the information on the
Cover Page changes in any way, whether material or immaterial.
A. NAME AND TITLE OF AUTHORIZED SUBRECIPIENT SIGNER (Type or Print)D. NAME AND TITLE OF NFWF AWARDING OFFICIAL
Holly A. Bamford, PhD, Chief Conservation Officer
B. SUBRECIPIENT
BY
C. DATE E. NATIONAL FISH AND WILDLIFE FOUNDATION
BY
F. DATE
See Reporting Schedule on the following page.
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21. REPORTING DUE DATES/SUBRECIPIENT REPORTING SCHEDULE
Task Due Date Reporting Task
June 15, 2020 Interim Programmatic Report
October 31, 2020 Annual Financial Report
April 14, 2021 Final Programmatic Report
April 14, 2021 Final Financial Report
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SECTION 1 AGREEMENT ADMINISTRATION
1.1.Project Description/Purpose of Grant.
Utilize a design approach focused on the interface of engineering, hydrology, ecology, and social
science to enhance natural features and protections that reduce flooding impacts on critical human
infrastructure and fish and wildlife habitat. Project will launch initial measures for the assessment
and prioritized identification of integrated design strategies thus increasing resilience to storm and
flood events.
1.2.Amendments.
During the life of the Project,the NFWF Subrecipient is required to inform the NFWF Grants
Administrator of any changes in contact information or in the Project scope of work,as well as any
difficulties in completing the performance goals articulated by the Project description immediately.
If the NFWF Subrecipient determines that the amount of the budget is going to change in any one
budget category by an amount that exceeds 10%of the Award,the NFWF Subrecipient must seek
prior written approval from the Grants Administrator.NFWF Subrecipients must seek an
amendment request upon determination of a deviation from the original Grant Agreement as soon
as such deviation is detected.However,NFWF may initiate the amendment if NFWF determines an
amendment is necessary at any time.Amendment requests are to be submitted via NFWF’s
Easygrants system.
1.3.Matching Contributions.
Matching Contributions consist of cash,contributed goods and services,volunteer hours,and/or
property raised and spent for the Project.Matching Contributions for the purposes of this Project
must meet the following criteria:(1)Are verifiable from the NFWF Subrecipient’s records;(2)Are
not included as contributions for any other Federal award;(3)Are necessary and reasonable for the
accomplishment of project or program objectives;(4)Are allowable under OMB Cost Principles;(5)
Are not paid by the U.S.Government under another Federal award except where the Federal
statute authorizing a program specifically provides that Federal funds made available for such
program can be applied to matching or cost sharing requirements of other Federal programs when
authorized by Federal statute;(6)Are provided for in the approved budget when required by the
Federal awarding agency;(7)Are committed directly to the project and must be used within the
period of performance as identified in this Grant Agreement;(8)Otherwise conform to the law;
and,(9)Are in compliance with the requirements of Section 2 of this Grant Agreement concerning
Compliance with Anti-Corruption,Anti-Money Laundering,Terrorist Financing,and Trafficking in
Persons Statutes and Other Restrictions.
1.3.1.Documentation and Reporting of Matching Contributions.The NFWF
Subrecipient must retain detailed time records for contributed services and original
receipts and appraisals of real property and comparable rentals for other contributed
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property at its place of business in the event of an audit of the NFWF Subrecipient as
required by applicable Federal regulations.
1.3.2.Cash,Goods and Services,and/or Property.The NFWF Subrecipient must
report to NFWF as a part of the Final Report,the Matching Contributions received by the
NFWF Subrecipient and expended in connection with the Project.Fair market value of
donated goods and services,including volunteer hours,shall be computed as outlined in
§200.306 of 2 CFR Subtitle A,Chapter II,Part 200,Uniform Administrative Requirements,
Cost Principles,and Audit Requirements for Federal Awards,(hereinafter “OMB Uniform
Guidance”),regardless of whether this Grant Agreement is federally funded.
1.3.3.Property.The NFWF Subrecipient may have a third party donor submit a letter to
NFWF,documenting the fair market value and date of a Matching Contribution and stating
that the donation is non-Federal,voluntary,and intended to qualify as a Matching
Contribution.A letter provided to document a donation of real property must be
accompanied by an appraisal by a certified appraiser;a letter provided to document rental
of equipment or space must list three comparable rentals in the location of the Project.
1.4.Payment of Funds.
To be eligible to receive funds,NFWF Subrecipient must (1)return to NFWF an original executed
copy of the grant agreement for the Project;(2)submit any due financial and programmatic
reports;and (3)submit a complete and accurate payment request.NFWF Subrecipient may request
funds by submitting a Payment Request via Easygrants.NFWF Subrecipient may request advance
payment of funds prior to expenditure provided that (1)NFWF Subrecipient demonstrates an
immediate need for advance payment;and (2)NFWF Subrecipient documents expenditure of
advanced funds on the next payment request and/or required financial report to NFWF.Approval
of any advance payment of funds is made at the sole discretion of NFWF,based on an assessment
of the NFWF Subrecipient's needs.In all other cases,funds are disbursed on a reimbursable basis.
NFWF reserves the right to retain up to ten percent (10%)of funds until submission and acceptance
of the final reports.
1.5.Reports.
1.5.1 Interim Programmatic and Financial Reports.
The NFWF Subrecipient will submit interim programmatic and financial reports to NFWF
based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement.The
interim programmatic report shall consist of written statements of Project
accomplishments since Project initiation,or since the last reporting period,and shall be
uploaded via NFWF’s Easygrants system.The interim financial report shall consist of
financial information detailing cumulative receipts and expenditures made under this
Project since Project initiation, and shall be uploaded via NFWF’s Easygrants system.
1.5.2.Annual Financial Report.
An annual financial report detailing cumulative receipts and expenditures made under this
Project is required annually,due on October 31st of each year of the grant term.In the
annual financial report,the NFWF Subrecipient must report the amount of NFWF Funds
expended during NFWF’s fiscal year (October 1 –September 30).The NFWF Subrecipient
must enter a justification when there is a difference between the amount disbursed by
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NFWF and the amount expended by the grantee.Failure to submit an annual financial
report in a timely manner will delay payment of submitted payment requests.
1.5.3.Final Reports.
No later than 90 days after the completion of the Project,the NFWF Subrecipient will
submit (1)a Final Financial Report accounting for all Project receipts,Project expenditures,
and budget variances (if any)compared to the approved budget;(2)a Final Programmatic
Report summarizing and evaluating the accomplishments achieved during the Period of
Performance;(3)copies of any publications,press releases and other appropriate products
resulting from the Project;and (4)Photographs as described in Section 1.5.3.1 below.The
final reports and digital photo files should be uploaded via NFWF’s Easygrants system.Any
requests for extensions of the final reports submission date must be made in writing to the
NFWF Grants Administrator and approved by NFWF in advance.
1.5.3.1.Photographs.
Together with the Final Programmatic Report NFWF Subrecipient will submit a
representative number (minimum of 5)of high-resolution (minimum 300 dpi)
photographs depicting the Project.Photographs should be uploaded via NFWF’s
Easygrants system as individual .jpg files.NFWF requests,as appropriate for the
Project,before-and-after images of the Project,images of species impacted by the
Project,and images of staff/volunteers working on the Project.In the Final
Programmatic Report narrative include for each submitted photograph the date
the photograph was taken,the location of the photographed image,caption,
photo credit,and any other pertinent information.By uploading photographs to
NFWF’s Easygrants system the NFWF Subrecipient certifies that the photographs
are unencumbered and may be used by NFWF and Project Funders as part of or
separately from the permissions pertaining to the use of posting of Final Reports
in Section 2.
1.5.4 Significant Developments.
The NFWF Subrecipient shall report on events that may occur between the scheduled
performance reporting dates that have a significant impact on the Project.Such reporting
shall be made as soon as the following conditions become known:
1.5.4.1 Problems,delays,or adverse conditions which will materially impair the
ability to meet the Project objective.This disclosure must include a statement of
the action taken,or contemplated,and any assistance needed to resolve the
matter; and,
1.5.4.2 Favorable developments which enable meeting time schedules and
objectives sooner or at less cost than anticipated or producing more or different
beneficial results than originally planned.
1.5.5.Certification and Representation.
For each report in this section,except for 1.5.4,NFWF Subrecipient shall include the
appropriate certification and representation pursuant to section 4.8.
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1.6.Access to Records.
NFWF Subrecipient shall maintain all records connected with this Agreement for a period of at least
three (3) years following the date of final payment or the close-out of all pending matters or audits
related to this Agreement, whichever is later. NFWF or any of its authorized representatives shall
have access to such records and financial statements upon request, as shall Inspectors General, the
Comptroller General of the United States or any of their authorized representatives if the Funding
Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any
portion of the Project provided herein is paid with federal funds. NFWF Subrecipient must
maintain records that demonstrate its compliance with federal statutory and regulatory
requirements and that it is meeting the subaward project goals. Records for real property and
equipment acquired with federal funds must be retained for at least three (3) years following
disposition.
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SECTION 2 NFWF AGREEMENT CLAUSES
2.1.Restrictions on Use of Funds.
The NFWF Subrecipient agrees that any funds provided by NFWF and all Matching Contributions
will be expended only for the purposes and programs described in this Grant Agreement.No funds
provided by NFWF pursuant to this Grant Agreement or Matching Contributions may be used to
support litigation expenses,lobbying activities,or any other activities not authorized under this
Grant Agreement or allowable under the Federal Cost Principles set forth in the OMB Uniform
Guidance.
2.2.Assignment.
The NFWF Subrecipient may not assign this Grant Agreement,in whole or in part,to any other
individual or other legal entity without the prior written approval of NFWF.
2.3.Subawards and Contracts.
When making subawards or contracting,NFWF Subrecipient (1)shall abide by all required granting
and contracting procedures,including but not limited to those requirements of the OMB Uniform
Guidance;(2)shall ensure that all applicable federal,state and local requirements are properly
flowed down to the subawardee or contractor,including but not limited to the provisions of the
OMB Uniform Guidance;and (3)shall ensure that such subaward or contracting complies with the
requirements in Section 2.9.2 of this Grant Agreement concerning Compliance with Anti-
Corruption,Anti-Money Laundering,Terrorist Financing,and Trafficking in Persons Statutes and
Other Restrictions.NFWF Subrecipient shall also include in any subaward or contract a similar
provision to this,requiring the use of proper grant and contracting procedures and subsequent
flow down of federal, state and local requirements to lower-tiered subawardees and contractors.
2.4.Unexpended Funds.
Any funds provided by NFWF and held by the NFWF Subrecipient and not expended at the end of
the Period of Performance will be returned to NFWF within ninety (90)days after the end of the
Period of Performance.
2.5.Publicity and Acknowledgement of Support.
The NFWF Subrecipient gives NFWF the right and authority to publicize NFWF's financial support
for this Grant Agreement and the Project in press releases,publications and other public
communications.NFWF Subrecipient agrees to:(i)give appropriate credit to NFWF and any
Funding Sources identified in this Grant Agreement for their financial support in any and all press
releases,publications,annual reports,signage,video credits,dedications,and other public
communications regarding this Grant Agreement or any of the project deliverables associated with
this Grant Agreement,subject to any terms and conditions as may be stated in Section 5 and
Section 6 of this Agreement;and (ii)include the disclaimer provided for herein.The NFWF
Subrecipient must obtain prior NFWF approval for the use relating to this Award of the NFWF logo
or the logo of any Funding Source.
2.5.1.Disclaimers.
Payments made to the NFWF Subrecipient under this Grant Agreement do not by direct
reference or implication convey NFWF’s endorsement nor the endorsement by any other
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entity that provides funds to the NFWF Subrecipient through this Grant Agreement,
including the U.S.Government,as applicable,for the Project.All information submitted
for publication or other public releases of information regarding this Grant Agreement
shall carry the following disclaimer:
For Projects funded in whole or part with Federal funds:"The views and conclusions
contained in this document are those of the authors and should not be interpreted as
representing the opinions or policies of the U.S.Government or the National Fish and
Wildlife Foundation and its funding sources.Mention of trade names or commercial
products does not constitute their endorsement by the U.S.Government,or the National
Fish and Wildlife Foundation or its funding sources."
For Projects not funded with Federal funds:“The views and conclusions contained in this
document are those of the authors and should not be interpreted as representing the
opinions of the National Fish and Wildlife Foundation or its funding sources.Mention of
trade names or commercial products does not constitute their endorsement by the
National Fish and Wildlife Foundation or its funding sources."
2.6.Posting of Final Reports.
The NFWF Subrecipient hereby acknowledges its consent for NFWF and any Funding Source
identified in this Grant Agreement to post its final reports on their respective websites.In the event
that the NFWF Subrecipient intends to claim that its final report contains material that does not
have to be posted on such websites because it is protected from disclosure by statutory or
regulatory provisions,the NFWF Subrecipient shall so notify NFWF and any Funding Source
identified in this Grant Agreement and clearly mark all such potentially protected materials as
“PROTECTED,”providing an accurate and complete citation to the statutory or regulatory source
for such protection.
2.7.Website Links.
The NFWF Subrecipient agrees to permit NFWF to post a link on any or all of NFWF’s websites to
any websites created by the NFWF Subrecipient in connection with the Project.
2.8.Evaluation.
The NFWF Subrecipient agrees to cooperate with NFWF by providing timely responses to all
reasonable requests for information to assist in evaluating the accomplishments of the Project for a
period of five (5)years after the project end date,unless if any litigation,claim,or audit is started
(irrespective of the NFWF Subrecipient’s involvement in such matter)before the expiration of the
5-year period,the records shall be retained until all litigation,claims or audit findings or pending
matters involving the records have been resolved and final action taken.NFWF shall notify NFWF
Subrecipient if any such litigation, claim or audit takes place so as to extend the retention period.
2.9.Compliance with Laws.
2.9.1 In General.The NFWF Subrecipient agrees to conduct all such activities in
compliance with all applicable Federal,State,and local laws,regulations,and ordinances
and to secure all appropriate necessary public or private permits and consents.The terms
of this provision will survive termination of this Grant Agreement and must be flowed
down to any and all contractors,subcontractors or subrecipients entered into by NFWF
Subrecipient in the performance of this Grant Agreement.
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2.9.2.Compliance with Anti-Corruption, Anti-Money Laundering, Terrorist
Financing, and Other Restrictions.
2.9.2.1.The NFWF Subrecipient shall ensure that no payments have been or will
be made or received by the NFWF Subrecipient in connection with this Agreement
in violation of the U.S.Foreign Corrupt Practices Act of 1977,as amended (15
U.S.C.§dd‐1 et seq.),the UK Bribery Act 2010,or any other applicable anti-
corruption laws or regulations in the countries in which the NFWF Subrecipient
performs under this Grant Agreement.
2.9.2.2.The NFWF Subrecipient shall not provide material support or resources
directly or indirectly to,or knowingly permit any funds provided by NFWF
pursuant to this Grant Agreement or Matching Contributions to be transferred to,
any individual,corporation or other entity that the NFWF Subrecipient knows,or
has reason to know,commits,attempts to commit,advocates,facilitates,or
participates in any terrorist activity,or has committed,attempted to commit,
advocated,facilitated or participated in any terrorist activity,including,but not
limited to,the individuals and entities (1)on the master list of Specially
Designated Nationals and Blocked Persons maintained by the U.S.Department of
Treasury’s Office of Foreign Assets Control,which list is available at
www.treas.gov/offices/enforcement/ofac;(2)on the consolidated list of
individuals and entities maintained by the “1267 Committee”of the United
Nations Security Council at
http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml;(3)on the
consolidated list maintained by the U.S.Department of Commerce at
http://export.gov/ecr/eg_main_023148.asp,or (4)on such other list as NFWF may
identify from time to time.
2.9.2.3 .The NFWF Subrecipient shall ensure that its activities under this Grant
Agreement comply with all applicable U.S.laws,regulations and executive orders
regarding money laundering,terrorist financing,U.S.sanctions laws,U.S.export
controls,restrictive trade practices,boycotts,and all other economic sanctions or
trade restrictions promulgated from time to time by means of statute,executive
order,regulation or as administered by the U.S.Department of State,the Office
of Foreign Assets Control,U.S.Department of the Treasury,or the Bureau of
I n d u s t r y a n d S e c u r i t y , U . S . D e p a r t m e n t o f C o m m e r c e .
2.10.Arbitration.
All claims,disputes,and other matters in question arising out of,or relating to this Grant
Agreement,its interpretation or breach,shall be decided through arbitration by a person or
persons mutually acceptable to both NFWF and the NFWF Subrecipient.Notice of the demand for
arbitration shall be made within a reasonable time after the claim,dispute,or other matter in
question has arisen.The award rendered by the arbitrator or arbitrators shall be final.The terms of
this provision will survive termination of this Grant Agreement.
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2.11. Indemnity.
The NFWF Subrecipient shall indemnify and hold harmless NFWF,any Funding Source identified in
this Grant Agreement,their respective officers,directors,agents,and employees in respect of any
and all claims,injuries,losses,diminution in value,damages,liabilities,whether or not currently
due,and expenses including without limitation,settlement costs and any legal or other expenses
for investigating or defending any actions or threatened actions or liabilities arising from or in
connection with the Project.The terms of this provision will survive termination of this Grant
Agreement.
2.12. Defense and Insurance.
NFWF recognizes that the NFWF Subrecipient is an agency of a sovereign state and the NFWF
Subrecipient reserves all immunities,defenses,rights or actions arising out of its sovereign status
or under the Eleventh Amendment to the United States Constitution.No waiver of the NFWF
Subrecipient immunities,defenses,rights or actions shall be implied or otherwise deemed to exist
by reason of entry into this Agreement.
Each Party to this Agreement shall be solely responsible for any and all actions,suits,damages,
liability or other proceedings brought against it as a result of the alleged negligence,misconduct,
error or omission of any of its officers,agents or employees.Neither party is obligated to indemnify
the other party or to hold the other party harmless from costs or expenses incurred as a result of
such claims;and each shall continue to enjoy all rights,claims and defenses available to it under
law.
Each Party shall be responsible for any liabilities,damages,or claims arising out of injuries or
property damage suffered by any person as a result of the negligent or willful conduct or actions of
its own trustees,officers,employees or agents or as a result of that party’s negligence or willful
misconduct in the performance of this Agreement.
The NFWF Subrecipient may meet any or all insurance obligations under this Agreement with a
program or programs of self‐insurance or statutory protections.
2.13.Choice of Law/Jurisdiction.
This Grant Agreement shall be subject to and interpreted by the laws of the District of Columbia,
without regard to choice of law principles.By entering into this Grant Agreement,the NFWF
Subrecipient agrees to submit to the jurisdiction of the courts of the District of Columbia.The
terms of this provision will survive termination of this Grant Agreement.
2.14.Termination.
2.14.1.Upon the occurrence of any of the following enumerated circumstances,NFWF
may terminate this Grant Agreement,or any portion thereunder,for default effective
upon receipt by the NFWF Subrecipient of NFWF’s written notice of termination,or as
otherwise specified in the notice of termination:
2.14.1.1.The NFWF Subrecipient is adjudged or becomes bankrupt or insolvent,
is unable to pay its debts as they become due,or makes an assignment for the
benefit of its creditors; or,
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2.14.1.2.The NFWF Subrecipient voluntarily or involuntarily undertakes to
dissolve or wind up its affairs; or,
2.14.1.3.In the event of suspension or debarment by the Government of the
NFWF Subrecipient; or,
2.14.1.4.In the event of any breach of the requirements set forth in Section 2 of
this Grant Agreement concerning Compliance with Anti-Corruption,Anti-Money
Laundering,Terrorist Financing,and Trafficking in Persons Statutes and Other
Restrictions; or,
2.14.1.5.In the event NFWF learns that NFWF Subrecipient has an
organizational conflict of interest,or any other conflict of interest,as determined
in the sole discretion of NFWF, that NFWF believes cannot be mitigated; or,
2.14.1.6.After written notice and a reasonable opportunity to cure the perceived
non-compliance with any material term of this Grant Agreement.The cure period
shall be considered the timeframe specified by the Government,if any,minus one
(1)to five (5)days or as agreed upon by the Parties in writing,or if no time is
specified by the Government,ten (10)days or as otherwise agreed upon by the
Parties.Within this time period the NFWF Subrecipient shall,as determined by
NFWF,(a)satisfactorily demonstrate its compliance with the term(s)originally
believed to be in non-compliance;or (b)NFWF,at its sole discretion,may
determine that NFWF Subrecipient has satisfactorily demonstrated that
reasonable progress has been made so as not to endanger performance under this
Grant Agreement.
2.14.2.Either Party may terminate this Grant Agreement by written notice to the other
Party for any reason by providing thirty (30)days’prior written notice to the other Party.
NFWF shall have the right to terminate this Agreement in whole or in part at any time,if
the Funding Source issues an early termination under the funding agreement(s)covering
all or part of the Project at issue hereunder.
2.14.3.In the event of termination of this Grant Agreement prior to Project completion,
the NFWF Subrecipient shall immediately (unless otherwise directed by NFWF in its notice
if NFWF initiated the termination)undertake all reasonable steps to wind down the Project
cooperatively with NFWF, including but not limited to the following:
2.14.3.1.Stop any portion of the Project’s work that is incomplete (unless work
to be completed and a different date for termination of work are specified in
NFWF’s notice).
2.14.3.2.Place no further work orders or enter into any further subawards or
contracts for materials,services or facilities,except as necessary to complete work
as specified in NFWF’s notice.
2.14.3.3.Terminate all pending Project work orders,subawards,and contracts
for work that has not yet commenced.
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2.14.3.4.With the prior written consent of NFWF,promptly take all other
reasonable and feasible steps to minimize and/or mitigate any damages that may
be caused by the failure to complete the Project,including but not limited to
reasonable settlements of any outstanding claims arising out of termination of
Project work orders, subawards, and contracts.
2.14.3.5.Deliver or make available to NFWF all data,drawings,specifications,
reports,estimates,summaries,and such other information and material as may
have been accumulated by the NFWF Subrecipient under this Grant Agreement,
whether completed or in progress.
2.14.3.6. Return to NFWF any unobligated portion of the Award.
2.15.Entire Agreement.
These terms and conditions,including the Attachments hereto,constitute the entire agreement
between the Parties relating to the Project described herein and supersede all previous
communications,representations,or agreements,either oral or written,with respect to the
subject matter hereof.No representations or statements of any kind made by any representative
of a Party, which are not stated herein, shall be binding on said Party.
2.16.Severability.
Each provision of this Grant Agreement is distinct and severable from the others.If one or more
provisions is or becomes invalid,unlawful,or unenforceable in whole or in part,the validity,
lawfulness and enforceability of the remaining provisions (and of the same provision to the extent
enforceable)will not be impaired,and the Parties agree to substitute a provision as similar to the
offending provision as possible without its being invalid, unlawful or unenforceable.
2.17.Interpretation and Construction.
2.17.1.This Grant Agreement shall be interpreted as a unified contractual document
with the Sections and the Attachments having equal effect,except in the event of any
inconsistency between them.In the event of a conflict between any portion of this Grant
Agreement and another portion of this Grant Agreement,first the Sections will apply,then
any supplemental attachments.
2.17.2.The title designations of the provisions to this Grant Agreement are for
convenience only and shall not affect the interpretation or construction of this Grant
Agreement.
2.17.3.Every right or remedy conferred by this Grant Agreement upon or reserved to the
Parties shall be cumulative and shall be in addition to every right or remedy now or
hereafter existing at law or in equity,and the pursuit of any right or remedy shall not be
construed a selection.
2.17.4.The failure of NFWF to exercise any right or privilege granted hereunder or to
insist upon the performance and/or compliance of any provision of this Grant Agreement,
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a referenced contractual,statutory or regulatory term,or an Attachment hereto,shall not
be construed as waiving any such right,privilege,or performance/compliance issue,and
the same shall continue in full force and effect.
2.17.5.Notwithstanding any express statements regarding the continuation of an
obligation beyond the expiration or termination of this Grant Agreement,the rights and
obligations of this Grant Agreement which by their nature extend beyond its expiration or
termination shall remain in full force and effect and shall bind the Parties and their legal
representatives, successors, heirs, and assigns.
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SECTION 3 REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS GENERAL
3.1.Binding Obligation.
By execution of this Grant Agreement,NFWF Subrecipient represents and certifies that this Grant
Agreement has been duly executed by a representative of the NFWF Subrecipient with full
authority to execute this Grant Agreement and binds the NFWF Subrecipient to the terms hereof.
After execution by the representative of the NFWF Subrecipient named on the signature page
hereto,this Grant Agreement represents the legal,valid,and binding obligation of the NFWF
Subrecipient, enforceable against the NFWF Subrecipient in accordance with its terms.
3.2.Additional Support.
In making this Award,NFWF assumes no obligation to provide further funding or support to the
NFWF Subrecipient beyond the terms stated in this Grant Agreement.
3.3.Compliance with Laws.
By execution of this Grant Agreement and through its continued performance hereunder,the
NFWF Subrecipient represents and certifies that it is conducting all such activities in compliance
with all applicable Federal,State,and local laws,regulations,and ordinances and to secure all
appropriate necessary public or private permits and consents.
3.4.Conflicts of Interest.
By execution of this Grant Agreement,NFWF Subrecipient acknowledges that it is prohibited from
using any Project funds received under this Grant Agreement in a manner which may give rise to an
apparent or actual conflict of interest,including organizational conflicts of interest,on the part of
the NFWF Subrecipient.Such a conflict of interest would arise when the employee,officer,or
agent,any member of his or her immediate family,his or her partner,or an organization which
employs or is about to employ any of the parties indicated herein,has a financial or other interest
in or a tangible personal benefit from a firm considered for a contract.The officers,employees,and
agents of NFWF Subrecipient may neither solicit nor accept gratuities,favors,or anything of
monetary value from contractors or parties to subcontracts.An organizational conflict of interest is
defined as a relationship that because of relationships with a parent company,affiliate,or
subsidiary organization,the non-Federal entity is unable or appears to be unable to be impartial in
conducting a procurement action involving a related organization.The NFWF Subrecipient
represents and certifies that it has adopted a conflict of interest policy that,at a minimum,
complies with the requirements of the OMB Uniform Guidance,and will comply with such policy in
the use of any Project funds received under this Agreement.NFWF Subrecipient may set standards
for situations in which the financial interest is not substantial or the gift is an unsolicited item of
nominal value.The standards of conduct must provide for disciplinary actions to be applied for
violations of such standards by officers,employees,or agents of NFWF Subrecipient.If NFWF
Subrecipient becomes aware of any actual or potential conflict of interest or organizational conflict
of interest,during the course of performance of this Grant Agreement,NFWF subrecipient will
immediately notify NFWF in writing of such actual or potential conflict of interest,whether
organizational or otherwise.
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SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS RELATING TO FEDERAL FUNDS
4.1.If the Funding Source or any funding entity (i.e.,a secondary funding source)is a federal
agency and/or any portion of the Project provided herein is paid with federal funds,the NFWF
Subrecipient must read and understand certain applicable Federal regulations,including but not
limited to, the following in Sections 4 and 5 of this Agreement as set forth herein.
If the NFWF Subrecipient is a Non-Profit Organization,Institution of Higher Education,State,Local
or Tribal Government,it will need to understand and comply with the OMB Uniform Guidance
(including related Supplements as may be applicable to a specific federal funding source(s),and
Appendices as may be applicable), in addition to other applicable Federal regulations.
If NFWF Subrecipient subawards any portion of the Project under this Agreement to a third-party,
NFWF Subrecipient shall,at a minimum,flow down those requirements and provisions required to
be flowed down pursuant to the applicable regulations set forth above.
4.2.A-133 and 2 CFR § 200 Subpart F Audits.
It is the responsibility of subrecipients that are Non-Profit Organizations,State,Local or Tribal
Governments to arrange for the conduct of audits as required by either OMB Circular A-133,
“Audits of States,Local Governments,and Non Profit Organizations”or 2 CFR Part 200,Subpart F –
Audit Requirements, whichever is applicable.
4.3.Interest.
Any interest earned in any one year on Federal funds advanced to the NFWF Subrecipient that
exceeds $500 must be reported to NFWF,and the disposition of those funds negotiated with
NFWF.Interest amounts up to $500 per year may be retained by the Subrecipient for
administrative expense.
4.4.Subrecipient Debarment and Suspensions.
Unless NFWF Subrecipient has submitted a written justification fourteen (14)days prior to
execution of this Grant Agreement,stating the reason that this term does not apply,which has
been expressly accepted and approved by NFWF prior to execution,by and through NFWF
Subrecipient’s execution of this Grant Agreement,NFWF Subrecipient warrants and represents its
initial and continued compliance that it is not listed on the General Services Administration’s,
government-wide System for Award Management Exclusions (SAM Exclusions),in accordance with
the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R.,1986 Comp.,p.189)
and 12689 (3 C.F.R.,1989 Comp.,p.235),“Debarment and Suspension.”The NFWF Subrecipient
further provides that it shall not enter into any subaward,contract or other agreement using funds
provided by NFWF with any party listed on the SAM Exclusions in accordance with Executive Orders
12549 and 12689. The SAM Exclusions can be found at https://www.sam.gov/portal/public/SAM/.
4.5. Mandatory Disclosure.
NFWF Subrecipient must disclose, in a timely manner, in writing to NFWF all violations of Federal
criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award.
Failure to make required disclosures can result in any of the remedies described in this Grant
Agreement, including termination, and any remedies provided under law, including suspension or
debarment by cognizant federal authorities.
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4.6. Trafficking in Persons.
Pursuant to section 106(a)of the Trafficking Victims Protection Act of 2000,as amended (22 U.S.C.
7104(g))(codified at 2 C.F.R.Part 175),NFWF Subrecipient shall comply with the below provisions.
Further,NFWF Subrecipient shall flow down these provisions in all subawards and contracts,
including a requirement that Subrecipients similarly flow down these provisions in all lower-tiered
subawards and subcontracts. The provision is cited herein:
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient,your employees,subrecipients under this award,and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the
award is in effect; or
iii. Use forced labor in the performance of the award or subawards
under the award.
2. We as the Federal awarding agency’s pass-through entity may unilaterally
terminate this award,without penalty,if you or a subrecipient that is a private
entity —
i.Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii.Has an employee who is determined by the agency official authorized
to terminate the award to have violated a prohibition in paragraph
a.1 of this award term through conduct that is either—
A.Associated with performance under this award; or
B.Imputed to you or the subrecipient using the standards and
due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180,“OMB
Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),”.
b. Provision applicable to a recipient other than a private entity.We as the Federal
awarding agency’s pass-through entity may unilaterally terminate this award,
without penalty, if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph
a.1 of this award term through conduct that is either—
i.Associated with performance under this award; or
ii.Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR part 180,“OMB Guidelines to Agencies on
Government-wide Debarment and Suspension (Nonprocurement),”.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award
term.
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2. Our right to terminate unilaterally that is described in paragraph a.2 or b of
this section:
i.Implements section 106(g)of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii.Is in addition to all other remedies for noncompliance that are
available to us under this award.
3.You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in
the performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or
program under this award and not compensated by you including,but
not limited to,a volunteer or individual whose services are
contributed by a third party as an in-kind contribution toward cost
sharing or matching requirements.
2. “Forced labor”means labor obtained by any of the following methods:the
recruitment,harboring,transportation,provision,or obtaining of a person for
labor or services,through the use of force,fraud,or coercion for the purpose
of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. “Private entity”:
i.Means any entity other than a State,local government,Indian tribe,
or foreign public entity, as those terms are defined in 2 CFR 175.25.
ii.Includes:
A.A nonprofit organization,including any nonprofit institution of
higher education,hospital,or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
B.A for-profit organization.
4.“Severe forms of trafficking in persons,”“commercial sex act,”and “coercion”
have the meanings given at section 103 of the TVPA,as amended (22 U.S.C.
7102).
4.7.Subrecipient Monitoring Requirements.
NFWF Subrecipients receiving federal funds understand that NFWF may require NFWF Subrecipient
to take corrective action measures in response to a deficiency brought to NFWF and NFWF
Subrecipient’s attention during the course of an audit.
4.8.Certification and Representation.
NFWF Subrecipient must submit those certifications and representations required by Federal
statutes,or regulations to NFWF on an annual basis.Submission may be required more frequently
if the NFWF Subrecipient entity fails to meet a requirement of a Federal award.
Programmatic and financial reports or payment requests under a Federal award must be submitted
by a representative of the NFWF Subrecipient who has the NFWF Subrecipient’s full authority to
render such reports and requests for payment and certify to the following at time of submission:
By signing this [report][payment request],I certify to the best of my knowledge and
belief that the [report][payment request]is true,complete,and accurate.[The
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expenditures,disbursements and cash receipts are for the purposes and objectives
set forth in the terms and conditions of the Grant Agreement.].I am aware that any
false,fictitious,or fraudulent information,or the omission of any material fact,may
subject me to criminal,civil or administrative penalties for fraud,false statements,
false claims or otherwise.(U.S.Code Title 18,Section 1001 and Title 31,Sections
3729-3730 and 3801-3812).
4.9.41 United States Code (U.S.C.)4712,Enhancement of Recipient and
Subrecipient Employee Whistleblower Protection:
(a)This award,related subawards,and related contracts over the simplified acquisition threshold
and all employees working on this award,related subawards,and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies established at
41 U.S.C. 4712.
(b)Recipients,their subrecipients,and their contractors awarded contracts over the simplified
acquisition threshold related to this award,shall inform their employees in writing,in the
predominant language of the workforce,of the employee whistleblower rights and protections
under 41 U.S.C. 4712.
(c)The recipient shall insert this clause,including this paragraph (c),in all subawards and contracts
over the simplified acquisition threshold related to this award.
4.10.41 USC §6306,Prohibition on Members of Congress Making Contracts with
Federal Government.
No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or
part of this award,or to any benefit that may arise therefrom;this provision shall not be construed
to extend to an award made to a corporation for the public’s general benefit.
4.11.Executive Order 13513,Federal Leadership on Reducing Text Messaging while
Driving.
(Sub)Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving, including conducting initiatives of the type described in section 3(a) of the order.
4.12.43 CFR §18 New Restrictions on Lobbying.
The NFWF Subrecipient agrees to comply with 43 CFR 18,New Restrictions on Lobbying,including
the following certification:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
NFWF Subrecipient,to any person for influencing or attempting to influence an officer or employee
of an agency,a Member of Congress,and officer or employee of Congress,or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and
the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,
loan, or cooperative agreement.
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(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying” in accordance with its instructions.
(c)The NFWF Subrecipient shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts
under grants,loans,and cooperative agreements)and that all Subrecipients shall certify
accordingly.This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352,title 31,U.S.Code.Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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SECTION 5 REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS RELATING TO FEDERAL FUNDS – FUNDING SOURCE
SPECIFIC
Department of Commerce (DOC) Compliance Requirements.
The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance
award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all
associated Terms and Conditions set forth in the Department of Commerce Financial Assistance
Standard Terms and Conditions Dated April 30, 2019, available at
http://www.osec.doc.gov/oam/grants_management/policy/. See 2 C.F.R. § 200.101(b)(1)
(Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal
awards and §§200.330‐332 (Subrecipient monitoring and management). Additionally, the NFWF
Subrecipient must flow these requirements down to all subrecipients and contractors, including
lower tier subrecipients.
Equipment Reporting.
Equipment or supplies (aggregate supplies, not per unit) at a cost of $5,000 or greater per unit
value, including its fair market value, must be inventoried at least once every two years and at
award closeout (2 CFR 200.313). NFWF Subrecipients may use the outdated SF-428 form series to
report on tangible property or submit their own customized report including a description of
federally owned equipment, identification information, acquisition cost, and acquisition date. More
guidance on property definitions and forms is posted online at coast.noaa.gov/funding/forms.html.
Handling of Environmental Data or Peer Reviewed Publications.
a) Data Sharing: Environmental data collected or created under this Grant, Cooperative
Agreement, or Contract must be made publicly visible and accessible in a timely manner,
free of charge or at minimal cost that is no more than the cost of distribution to the user,
except where limited by law, regulation, policy, or national security requirements. Data are
to be made available in a form that would permit further analysis or reuse: data must be
encoded in a machine-readable format, preferably using existing open format standards;
data must be sufficiently documented, preferably using open metadata standards, to
enable users to independently read and understand the data. The location (internet
address) of the data should be included in the final report. Pursuant to NOAA Information
Quality Guidelines, data should undergo quality control (QC) and a description of the QC
process and results should be referenced in the metadata. Failure to perform quality
control does not constitute an excuse not to share data. Data without QC are considered
“experimental products” and their dissemination must be accompanied by explicit
limitations on their quality or by an indicated degree of uncertainty.
b) Timeliness: Data accessibility must occur no later than publication of a peer-reviewed
article based on the data, or two years after the data are collected and verified, or two
years after the original end date of the grant (not including any extensions or follow-on
funding), whichever is soonest, unless a delay has been authorized by the NOAA funding
program.
c) Disclaimer: Data produced under this award and made available to the public must be
accompanied by the following statement: "These data and related items of information
have not been formally disseminated by NOAA, and do not represent any agency
determination, view, or policy."
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d) Failure to Share Data: Failing or delaying to make environmental data accessible in
accordance with the submitted Data Management Plan, unless authorized by the NOAA
Program, may lead to enforcement actions, and will be considered by NOAA when making
future award decisions. Funding recipients are responsible for ensuring these conditions
are also met by sub-recipients and subcontractors.
e) Funding acknowledgement: Federal funding sources shall be identified in all scholarly
publications. An Acknowledgements section shall be included in the body of the
publication stating the relevant Grant Programs and Award Numbers. In addition, funding
sources shall be reported during the publication submission process using the FundRef
mechanism (http://www.crossref.org/fundref/) if supported by the Publisher.
f) Manuscript submission: The final pre-publication manuscripts of scholarly publications
produced with NOAA funding shall be submitted to the NOAA Institutional Repository at
http://library.noaa.gov/repository after acceptance, and no later than upon publication, of
the paper by a journal. NOAA will produce a publicly-visible catalog entry directing users to
the published version of the article. After an embargo period of one year after publication,
NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to
direct users to the published version of record.
g) Data Citation: Publications based on data, and new products derived from source data,
must cite the data used according to the conventions of the Publisher, using unambiguous
labels such as Digital Object Identifiers (DOIs). All data and derived products that are used
to support the conclusions of a peer-reviewed publication must be made available in a
form that permits verification and reproducibility of the results.
Scientific Integrity.
a) Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of
research performed pursuant to this grant or financial assistance award including the
prevention, detection, and remediation of any allegations regarding the violation of
scientific integrity or scientific and research misconduct, and the conduct of inquiries,
investigations, and adjudications of allegations of violations of scientific integrity or
scientific and research misconduct. All the requirements of this provision flow down to
subrecipients.
b) Peer Review. The peer review of the results of scientific activities under a NOAA grant,
financial assistance award, or cooperative agreement shall be accomplished to ensure
consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility,
transparency, and performance. NOAA will ensure that peer review of "influential scientific
information" or "highly influential scientific assessments" is conducted in accordance with
the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer
Review and NOAA policies on peer review, such as the Information Quality Guidelines.
c) In performing or presenting the results of scientific activities under the NOAA grant,
financial assistance award, or cooperative agreement and in responding to allegations
regarding the violation of scientific integrity or scientific and research misconduct, the
NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA
Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook,
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including any amendments thereto. That Order can be found at
https://nrc.noaa.gov/ScientificIntegrityCommons.aspx.
d) Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to
prevent, detect, and investigate allegations of a violation of scientific integrity or scientific
and research misconduct. Unless otherwise instructed by the grants officer, the recipient
shall promptly conduct an initial inquiry into any allegation of such misconduct and may
rely on its internal policies and procedures, as appropriate, to do so.
e) By executing this grant, financial assistance award, or cooperative agreement the NFWF
Subrecipient provides its assurance that it has established an administrative process for
performing an inquiry, investigating, and reporting allegations of a violation of scientific
integrity or scientific and research misconduct; and that it will comply with its own
administrative process for performing an inquiry, investigation, and reporting of such
misconduct.
f) The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this
grant, financial assistance award, or cooperative agreement.
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SECTION 6 REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS RELATING TO NON-FEDERAL FUNDS – FUNDING SOURCE
SPECIFIC
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A RESOLUTION 2020-_____
A RESOLUTION TO ACCEPT A NATIONAL FISH AND WILDLIFE GRANT
AGREEMENT TO UNDERTAKE A STUDY OF THE BACK RIVER AREA.
Whereas, the City of Tybee Island (“City”) has invested significant time and
money in working with a variety of agencies including the US Army Corps of
Engineers and the Georgia Department of Natural Resources to build and
maintain its coastal resilience through regular beach nourishment, dune
restoration, and dune vegetation, and
Whereas, the strengthening and maintenance of the City’s coast and marsh are
vital to its protection from storm and flood events and its economic growth and
vitality as a popular summer resort destination, and
Whereas, an understanding of the current situation of the tidal salt marsh area
locally known as the Back River, backed by scientific research and engineering
analysis and design, is critically important to future improvements and potential
flood mitigation solutions, and
Whereas, the City applied for the National Fish and Wildlife Foundation and has
been awarded a grant based on that application project definition, scope,
rationale, and goals, and
Whereas, a condition of acceptance of the Agreement is that the City commit to
spend $175,000 on the project, and
Whereas, funds in the amount of $175,000 are available and have been
identified as the City’s contribution under this Agreement as part of the
Department of Community Affairs OneGeorgia Grant to the City dated
July 1, 2018 and ending April 30, 2021,
Now therefore be it resolved by the Mayor and Council, the City of Tybee Island,
in open meeting, duly assembled that the Mayor is hereby authorized to execute
all appropriate documents in connection with the Agreement and Grant with
National Fish and Wildlife Foundation and the Clerk of Council is authorized to
Attest the Mayor's signature on such documents.
This ______ day of May, 2020.
City of Tybee Island City Council
__________________________
Shirley Sessions, Mayor
Attest: _________________________
Janet LeViner, CMC
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City Clerk
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
8. Budget Amendment to Cover Shortages in Service Contracts and Telephone/Internet
Costs, from various accounts
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Date Received by Finance:
FINANCE USE ONLY:
Date:Packet No.
Purpose:
Adjusted
Department Account Description Account Number Current Budget (Expenditures)Budget Balance DECREASE ```Budget Balance
Finance Acct Travel & Related 100-1512-52-3500 9,000.00 1,675.02 7,324.98 7,000.00 324.98
Finance Acct Service Charges 100-1512-52-3990 22,000.00 8,355.62 13,644.38 9,000.00 4,644.38
Finance Education & Training 100-1510-52-3700 6,000.00 2,588.00 3,412.00 3,400.00 12.00
Finance A/P Printing & Binding 100-1517-52-3400 1,000.00 0.00 1,000.00 1,000.00 0.00
Finance Pay Travel & Related 100-1519-52-3500 1,850.00 0.00 1,850.00 1,500.00 350.00
Bldg Maint Repair/Maint Equipment 100-1565-52-2203 18,000.00 0.00 18,000.00 15,000.00 3,000.00
Bldg Maint Small Equipment 100-1565-53-1600 23,700.00 7,956.36 15,743.64 15,000.00 743.64
Fleet Supplies/Materials 100-4975-53-1100 35,000.00 16,979.60 18,020.40 14,000.00 4,020.40
Fleet Repair/Maint Fire 100-4975-52-2203 62,500.00 25,320.39 37,179.61 25,000.00 12,179.61
DPW Suppies/Materials 100-4210-53-1100 30,000.00 5,232.54 24,767.46 18,100.00 6,667.46
DPW Repair/Maint Infrastructure 100-4210-52-2205 26,000.00 13,745.37 12,254.63 5,000.00 7,254.63
SUBTOTAL LINE ITEM DECREASES:114,000.00$ xx
Department Account Description Account Number Current Budget (Expenditures)Budget Balance ```INCREASE Budget Balance
IT Service Contracts 100-1535-52-1300 281,700.00 281,615.62 84.38 63,000.00 63,084.38
IT Rental Lease Equipment 100-1535-52-2320 18,000.00 17,489.89 510.11 12,000.00 12,510.11
IT Supplies & Materials 100-1535-53-1100 1,500.00 1,295.37 204.63 1,500.00 1,704.63
IT Small Equipment 100-1535-53-1600 36,500.00 34,196.04 2,303.96 1,500.00 3,803.96
IT Telephone/Internet Costs 100-1535-52-3201 88,600.00 87,922.39 677.61 36,000.00 36,677.61
SUBTOTAL LINE ITEM INCREASES:xx 114,000.00$
Net Change 114,000.00$ 114,000.00$
Signature : Date __________________Todd Smith
____________________________________
Was the Budget Amendment Request approved by the City Council? YES NO N/A
If yes, please indicate the date approval was given: _____________________________Date:____________________________________
Attach Copy of Agenda Item and minutes from the City Council Meeting
Approved by: ___________________________________________ Date: __________________
CITY OF TYBEE ISLAND, GEORGIA
BUDGET LINE ITEM TRANSFER REQUEST FORM
IT
5/6/2020
Department
Submitted By:
Cover shortages in Service Contracts and Telephone/Internet
Costs lines
Budget Adjustment
Requested
LINE ITEM DECREASES
BA Ref No.
LINE ITEM INCREASES
Signature of Finance Employee who Processed the Request:
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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:
9. Second Reading, 2020-03, Administrative Fines, Municipal Beach Rules
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ORDINANCE NO. 2020-03
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SO AS TO PROVIDE FOR ADMINISTRATIVE ENFORCEMENT OF SPECIFIED CITY
ORDINANCES THAT WILL BE SUBJECT TO CIVIL PENALTIES AS OPPOSED TO
CRIMINAL OFFENSES AND TO PROVIDE FOR A METHOD OF ENFORCEMENT AND
IF NECESSARY JUDICIAL REVIEW AND DETERMINATION FOLLOWING AN
ADMINISTRATIVE PROCEDURAL HEARING
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 would benefit from a system of imposing civil fines or penalties as
opposed to criminal fines or penalties for violations of certain ordinances so as to lessen the burden
upon citizens, visitors and city staff and reduce administrative task and burdens on the Court and
to improve public safety, and
WHEREAS, in order to accomplish these goals and benefits, the City deems it to be in the
best interest of the City, pursuant to its police powers, to adopt a method of penalizing violators of
certain ordinances by way of a civil fine and in the absence of a contested citation or requested
judicial determination the procedure described herein be implemented, now therefore, be it
resolved and it is hereby ordained by the governing authority of the City of Tybee Island that the
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following provisions shall be adopted and codified as Chapter ______, Article ________, Sections
________ through _______, which will provide as follow:
SECTION 1
It is hereby established the administrative imposition and enforcement of ordinances
identified herein so as to subject them to fines in amounts on file with the department heads and
Clerk of Council of the City and to provide for hearing thereon to be conducted as civil
administrative hearings and without court involvement and to provide a right of appeal from the
department head to the City Manager and thereafter to the Municipal Court of the City when
requested as follows:
(a) The ordinances to which the administrative procedures apply include Municipal Beach
rules and regulations concerning the following: Penalties
placement of litter Section 12-1(a)(2); $______
glass or breakable containers under Section 12-1(a)(3); $______
pets Section 12-1(a)(4); $______
Disturbing Dune Vegetation Section 12-1(a)(8); $______
Smoking/Vaping in prohibited area 12-1(a)(21); $______
(b) Other ordinances subject to civil penalties:
Restrictions on dogs running at large, Section 10-2. $______
Section 42-3 Prohibited beverage containers in public areas $______
Section 42-64 penalty for littering $______
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These penalties where applicable are in lieu of fines or sentences that might be imposed
pursuant to Section 1-8, general penalty, and under Section 10-31, penalties for violations of the
ordinances of the City
Citations for violations shall be issued by an authorized City designee as determined by the
City Manager and such individual need not be a post certified law enforcement officer. The
citation, in a form similar to a parking citation, shall be delivered to the alleged violator with the
amount of fine stated thereon. The suspected violator shall provide evidence of his or her name,
address and date of birth to the designee, and upon the failure to do so, the city designee is entitled
to contact a law enforcement officer for further investigation and/or citation as appropriate. Upon
a refusal to identify oneself to the designee and/or a law enforcement officer, the officer may cite
the individual with any applicable ordinance violation and may continue an i nvestigation into the
perpetrator’s identity to ensure appropriate action is taken and that payment of the appropriate fine
is made.
The citation shall provide for the civil penalty to be paid within ten (10) days. The citation
shall include a notice of violation of the particular ordinance or rule to which the citation applies
and the basis for the violation and direct the recipient that within ten (10) days of the time when
such citation was served to pay the fine as specified on the citation in return for which that person
shall receive a receipt, the form of which is designated by the list on file with the departments of
the city and the clerk of the city, and the receipt as approved by the departments of the city.
DELINQUENCY OF PAYMENT
The failure of the individual receiving a citation to make full payment within ten (10) days
shall result in the issuance of a civil penalty delinquency notice which shall demand payment plus
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a Twenty ($20) Dollar payment by a specified payment due date. The failure of the individual to
make said payment will result in issuance of an administrative hearing notice which shall demand:
1. Full payment of the civil penalty, the twenty ($20) dollar delinquency penalty, plus ten ($10)
dollars for each issued citation; or
2. The individual’s appearance on a given date at a specified time and location for an
administrative hearing before the department head.
SUBPOENA ISSUANCE AND COURT PROCEEDING
The failure of the individual to make full payment for all issued citations, or to have
amounts due set aside at the administrative hearing will result in the individual being issued a
subpoena to appear in court and possibly be subject to additional court fines and cost.
At anytime during a citation process, includin g any hearings related to a citation, the
individual who is the subject of the citation may appeal the citation or penalty to the Municipal
Court of the City by a written notice directed to the city designee and city manager as well as the
clerk of the city municipal court for a hearing will be conducted before the judge who may then
render such penalty as is appropriate in the discretion of the court, in the event of a conviction or
discharge the individual or otherwise dispose of the matter as the judge deems appropriate.
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.
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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:
11. Bubba Hughes: Purchase of Property, John Mowry, 101 19th Street
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
12. John Branigin: YMCA Update and Expanded Use of Gym
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Item Attachment Documents:
13. Shawn Gillen: Expanding outdoor dining options for the near future
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Agenda item 5-14-2020
Expanding outdoor dining options for the near future
Allow restaurants outside of the south end overlay district to apply to use city right of way (sidewalks)
for setting up tables to assist with social distancing. Application attached.
Allow restaurants to use some of their required private parking for outdoor dining area. The restaurants
would have to weigh the value of the outdoor dining area against the loss of parking on site.
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