HomeMy Public PortalAboutrobertson2020contract.pdfSTATE OF GEORGIA )
COUNTY OF CHATHAM )
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement, made and entered into this 2-5 day of.�,� w 2020, by and
between the City of Tybee Island, Georgia (hereinafter the "City") and AWR Strategic Consulting,
LLC (hereinafter referred to as "AWR").
WITNESSETH:
WHEREAS, the City is a Municipal Corporation in the State of Georgia; and
WHEREAS, the City is in need of securing consulting services in connection with ongoing
projects and operations and the timing of such projects, including securing grants in connection
therewith is such that consulting services are appropriate by individual work orders given by
proper authorization as is hereinafter provided; and
WHEREAS, the City has previously worked with AWR in an independent professional
consulting arrangement with numerous projects, including beach and dune projects requiring
managerial and related activities; and
WHEREAS, the City wishes to retain AWR for assistance in connection with securing
grants for particular projects authorized by the Mayor and Council by individual work orders
determined by particular scopes of work; and
WHEREAS, the parties wish to enter into an Agreement whereby AWR will work with
and on behalf of the City on a continuing consulting basis as an independent contractor; and
WHEREAS, the parties wish to reduce their Agreement to writing: and
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WHEREAS, in light of the professional nature of the services to be rendered and based on
the history of prior projects and the experience AWR has secured in connection with working with
the City, the procurement process need not apply for these sort of professional duties, services and
experience;
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the parties agree as follows:
AWR shall perform services including supervision, grant applications and securing and
planning, consulting and for all work which can be developed under individual addendums or work
orders hereunder pursuant to the terms hereof. This Agreement shall be for a period of one year
but will automatically be renewed for additional Twelve (12) month periods unless notice of
election not to renew is provided by one party to the other at least Ninety (90) days prior to the
anniversary date hereof for each of the three (3) succeeding Twelve (12) month periods. In the
event notice of non-renewal is not provided, the full term of this agreement will be for three (3)
successive Twelve (12) month periods.
The foregoing terms are subject to the termination provisions of paragraph Ten (10) that
either party may terminate this contract upon thirty (30) days written notice to the other party.
2. The scope of work for individual projects may be determined by written notice by
the City Manager to AWR and to the Mayor and Council for matters on which the City seeks
assistance, including the continuation of work on grant applications and authorized projects. Upon
submittal of a written scope of work for a desired work order or a direction to perform services,
the Mayor and Council shall have no less than Thirty (30) days within which to notify AWR and
the City Manager not to perform the scope of work, work order or direction requesting performance
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pending further review or additional communication with council or a possible determination by
council that such work is not to be performed. Every authorization request for work shall contain
an estimated cost for the proposed work and an estimated time line for completion.
3. AWR will report in writing or at a City Council meeting on the status of projects
and work orders or directions issued pursuant to this Agreement to the City Manager and to the
Mayor and Council as directed by the Mayor and Council or City Manager from time to time.
Under this Agreement, AWR shall perform in a manner consistent with that degree of care
and skill ordinarily exercised by consultants, managers or professional representatives currently
practicing under similar circumstances at the same time and at the same or similar locality. All
services performed shall be consistent with sound practices and shall incorporate compliance with
federal, state and local codes, regulations and laws that are applicable at the time the consulting
services are tendered.
4. Any supplies or materials needed for AWR to perform the functions outlined herein
shall be purchased by and belong to the City: however, all of such purchases shall be approved by
the City Manager or other authorized City official. Reasonable expenses for postage, copying and
approved travel shall be reimbursed to AWR within thirty (30) days of the submission of an
invoice. All travel anticipated must be approved in advance by the City Manager and any other
expenses will be reimbursable only if the City, through the City Manager, authorizes such and
agrees in writing that the City will be responsible therefor at least three (3) days prior to such
expense being incurred.
5. AWR will respond within a reasonable period of time not to exceed forty-eight (48)
hours to inquiries from authorized representatives of the City on issues relating to the projects and
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as otherwise assigned and will provide advice, suggestions and consultation to City staff in
connection with such projects.
6. It is understood between the parties that the City shall make all decisions
concerning City personnel, City funds and budgeting and no expense chargeable to the City may
be incurred by AWR without express prior authorization from the City Manager. AWR shall be
authorized to hire other consultants, professionals, engineers, or other agents; however, any such
person or entity shall be at AWR's sole expense.
7. Specifically authorized representatives of the City including the City Manager, City
Attorney, and elected officials may initiate contact with AWR regarding inquiries in connection
with any project or addendum under this Agreement. Confirmation of any request for AWR's
services shall be made by any such employee or agent of the City in writing indicating that the
request is made pursuant to this Independent Contractor Agreement.
8. AWR is retained only for the purpose and to the extent set forth in this Agreement
and Robertson's relationship to the City shall be that of a independent contractor. As such,
Robertson shall not be entitled to any retirement, health, or similar benefits which are available
only to City employees.
AWR shall indemnify and hold harmless the City and all of the City's personnel and elected
officials and agents from and against any claims, damages, losses and expenses (including
attorney's fees) arising out of or resulting from the performance of services provided that any such
claim, damage, loss or expense is caused by the negligent act, omission, and/or strict liability of
AWR, anyone directly employed by AWR or anyone for whose acts AWR may be liable.
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9. AWR maintains insurance coverage as follows: commercial general liability;
errors and omissions; and automobile liability insurance. The City should be named as an
additional insured and/or the City may elect to be identified as the certificate holder in lieu of being
an additional insured.
10. Notwithstanding any other provision hereof, either party may terminate this
contract for any reason whatsoever, or for no reason at all, as the party may determine in its own
discretion, upon thirty (30) days notice in writing to the other party. Notice as required in this
paragraph or any other notices required or called for under this Agreement shall be directed as
follows:
To Robertson:
To City:
with a copy to:
and to:
Alan Robertson
AWR Strategic Consulting, LLC
PO Box 303
Tybee Island, GA 31328
Mayor Shirley Sessions
Or Her Successor in Office
City of Tybee Island
Post Office Box 2749
Tybee Island, Georgia 31328
City Manger
Post Office Box 2749
Tybee Island, Georgia 31328
Edward M. Hughes, Esq.
Ellis Painter Ratterree & Adams
PO Box 9946
Savannah, Georgia 31412
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seal the
day and year first above written.
City of Tybee Island, Georgia
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Witness:
By:
Attest:
f
Shirley Session , Mayor
n LeViner
AWR STRATEGIC CONSULTING, LLC
By:
Alan Robertson, Principal
APPROVED AS TO FORM:
Edward M. Hughes
Attorney for City of Tybee Island, Georgia
The parties agree that the projects listed below are currently ongoing and will be
and are a part of the contract as of the effective date
Exhibit A
Department of Community Affairs (DCA) Grant
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AWR Strategic is the Project Manager for the $5 million grant awarded to the City by the
DCA in August 2018. The deadline has been extended to April 30, 2021. Approximately
95% of the budget has been spent or is committed. Among the monies committed is
$455,000 that will be applied to various other projects as the City's match to other
grants.
National Fish and Wildlife Foundation (NFWF) Grant
AWR Strategic will be Project Manager for this project to study the Back River area of
Tybee and develop a range of flood mitigation options for consideration by City Council.
This project has a budget of $300,000 ($125,000 NFWF grant and $175,000 of the DCA
grant) that encompasses the University of Georgia School of Engineering research
groups. It is expected to take approximately 12-18 months to complete.
US Corps of Army Engineers (USACE) Ship -Induced Wake Study
AWR Strategic will be Project Manager for this project and coordinate with USACE on
this study to examine the effects of the tsunami -like wakes created by freighter traffic on
the north end of Tybee and develop a range of mitigation options for consideration by
City Council. This project has a budget of $430,000 ($215,000 DCA grant as City's 50%
share with balance funded from USACE). It is expected to take approximately 12-18
months.
Department of Natural Resources Coastal Incentive Grant (DNR CIG)
AWR Strategic will be Project Manager for this project and coordinate with Georgia
Southern University and the DNR to monitor dune vegetation and to develop a Best
Practices manual for DNR and National Oceanographic and Atmospheric Agency
(NOAA) use with other coastal communities facing issues of coastal resilience, flooding,
and storm events. The DNR has recommended our application to NOAA for funding.
The project has a budget of $135,000 ($62,000 CIG grant and a $73,000 in-kind match)
over 24 months, beginning October 1, 2020.
Federal Emergency Management Agency (FEMA) Grant
AWR Strategic will be Project Manager for this project, assisting the City Engineer and
coordinating with an outside engineering firm to develop a Master Stormwater
Management Plan for the City. This grant proposal has been submitted to FEMA and
will be notified in September if awarded. The project has a budget of $255,000
($190,000 FEMA grant and $65,000 DCA grant). It is expected to begin early 2021 and
take approximately 18-24 months to complete.
USACE 1037 Study
AWR Strategic was Project Manager for the USACE beach nourishment project recently
completed. In that role, they have become the City's representative in discussions with
USACE about extending the existing Agreement that will end in 2024 or finding
alternatives to construction and financing of future beach nourishments should the
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current Agreement with USACE not be extended.
Other Associated Projects
AWR Strategic is working with City staff, principally the City Manager and City
Engineer, as Project Manager on associated projects, including but not limited to:
• Representing the City in working with University of Georgia, Georgia Southern,
Georgia Tech, Skidaway Institute of Oceanography, and other schools on research
projects
• Representing the City in working with other State, Federal and Non-GMO
agencies such as ASBPA, NAS, USFS, NASA, United States Geological Service
(USGS), US Sustainability Directors Network (USSDN), and others
• Identifying other grant opportunities and writing competitive grant proposals
• DNR and USACE permitting
• Other Project Management as required
City of Tybee Island, Georgia
By:
Attest:
Yiet7
Shirley Sessions, Mayor
AX—Lit_.1-----,,
Ja*'LeViner
AWR STRATEGIC CONSULTING, LLC
By:
Alan Robertson, Principal
Witness:L 4-0--/L
APPRO D AS TO FORM:
---..7 \CR
Edward M. Hughes
Attomey for City of Tybee Island, Georgia
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