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HomeMy Public PortalAbout20020613CCMeeting1 1 @ @ITEM 2002 -06 -13 City Council Minutes Mayor Walter W. Parker called the June 13, 2002 Council meeting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Attorney Edward Hughes and City manager Bob Thomson were present. Council member Richard Barrow gave the invocation. The Pledge of Allegiance was recited. George and Mary Chandler addressed Council on the issue of the surfboard license. Mr. Chandler told Council that past councils were against rentals of surfboards. Buelterman asked why? Chandler said he believes that Council thought that it was dangerous. Chandler said that 17th Street is his best location and he objects to Owens request for a license at 17th Street. Chris Kovak, local surfer, said it is very difficult to surf and that there is already a business that rents and offers instructions. Michael Scarbrough presented Council with a request for the fireworks on July 3rd on the beach from the Chamber. Scarbrough also asked Council to approve the contract with the Chamber. Parker said no changes. Scarbrough said the percentages only. The old contract states 5 %, the new states 6 %. Hughes said there are State of Georgia budget requirements that can be worked out. Scarbrough said the powerboat races are coming to Tybee. Savannah invested $30,000 but the Coast Guard turned them down. This event will be off the North Beach area. Scarbrough said they will need traffic control and port a lets in the north beach parking lot. Scarbrough told Council that the exposure will be unlimited and all over the world. Parker asked how many port a lets. Scarbrough said 10. Crawford said Tybee welcomes this and it will bring year round economy. David Blount of 1017 Highway 80 petitioned to purchase a 30foot by 90 foot of the unopened street names Storer. Patricia Fisher 1102 Laurel Avenue requested the other portion of Storer. Jack Boylston and Paul Devivo presented Council with a proposal to build a permanent covered bandstand at the back of the Shrine Club. Boylston said this is where the 94 Volleyball events took place. Boylston said it could be financed through corporate businesses, grants and SCAD, etc. Form an authority; he would like to spearhead the group of people. Crawford asked f this would be a quasi- governmental body. Boylston answered just like the Planning commission — would be a business. Boylston said you could have swings and playground equipment for the kids with white sand, Tybee has a scar of having parking as their major industry. Crawford told Council it is a great idea. Alan Jacks, Director of the Marine Science Center, gave a summary of the events being sponsored this summer. David Ason voiced his concerns about the changes that are proposed for the R -1 lot size reduction especially for Eagles Nest. Ason said that they have covenants and had to personally sue a developer, the neighbors got together and worked to get it zoned R -1. Ason said that this would increase density and what is the island going to look like in 30 years. A plan is needed with the support of the people. Charles Salter presented Council with information on the 2nd Annual Kayak event already approved by Interim City Manager Jimmy Brown. Walter Crawford spoke as a visitor on the issue of covenants. Crawford said the purpose of these ordinances would be to reduce the number of zoning districts from 10 to 1 1 5. Crawford said that he contacted the City of Savannah and Chatham County and they uphold covenants of registered subdivisions. This information has been shared with the Mayor and Council and the City Attorney and Crawford will ask for adoption of an ordinance. Crawford said he is interested in the protection of all people on Tybee Island. Crawford said that during open meeting he will ask Council to table this issue until a Public Forum can be held in order to get full and complete input from the public. Gail Greene, 501 D Miller petitioned Council to sell her the unopened portion of 5th Avenue stating it is just marsh and would like to keep it natural. Hughes said that Council has not sold any city owned property; there are a lot of non - matching surveys all over the island. Jim Kluttz asked if all 6 zoning amendment will be tabled. Crawford answered that the Council could talk about some of them like the commercial zones. Kluttz asked all or some. Parker said there is so much discussion and rumors. Crawford said it would be best to table all. Michael Bernstein petitioned Council to purchase a 250 -foot by 60 foot unopened street that he has maintained for the past 12 years. Hughes said that there is a letter from him to establish the format. A survey should be submitted to the Clerk of Council, she will give copies to the Mayor and Council. Bernstein asked about the appraisals. Crawford answered guidelines have been set, the petitioner will bear the expense if the City feels like it is interested in selling the property. Mayor and Council will determine what the land is worth. Kathryn Williams requested Council to table any decisions on the sale of any city owned property stating that we need green space all over the island and that these vacant areas help with the drainage problems. Williams also spoke of her concerns about he zoning changes that Council will address tonight. Williams said that the city should look at the Master Plan. Mallory Pearce told Council that the Master Plan needs revising, that the City needs an experienced planner, look at how it would affect density, and the infrastructure (drainage and water sewer) needs to be studied. Pearce said Peter Maye of EPD is the person to call for insight. Pearce said people want to protect their way of life and that public workshops are needed with maximum input from the citizens. Susan Owen Cary said that people are Tybee's biggest assets, and that we need to get back to what Tybee is all about and quit the bickering. Mayor Parker opened the meeting for business legally presented. Crawford moved to adopt the consent agenda Burke seconded. Water Treatment Plant Change order #3 Landscape $10,727 and Fence $11,345: Architectural Firm for the Guard (Community) House: Minutes of May 7 and 9 council meetings: GMA Deferred Comp: CEMA Statewide Mutual Aid and Assistant Agreement: Price Communication Wireless name change: Tybee Light pins: Olsen to start bidding process. Vote by Council was unanimous. Mayor Parker opened, asked for comments and closed the following public hearing according to the law. Burke moved to table Zoning Text Amendments Section 4- 050 Commercial Districts; Section 3 -090 Schedule of Development and a Zoning Map Amendments. Crawford seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); opposed (Youmans). Hughes said certain Council members should not speak because some overlap. Crawford said there was 1 1 communication from the City Attorney on who can and who cannot vote with reference to State law — conflict of interest in zoning. Hughes was directed to ask the State Attorney General for his opinion with input from the Council. Hughes said that he has been with the City for the past 9 years and that no council member had voted to change zoning on property owned by that Council member. Crawford asked about the Master Plan. Hughes answered that is different. A Council member cannot participate if you have interest in property being considered for a change. Planning Commission Chairman Dick Smith presented the Petition from May and Wayne Disher for a 3 -foot height variance at 202 Jones Avenue Pin 4- 4 -10 -1. Smith said the Planning Commission voted 5 to 3 to approve. Smith told Council that the widow walk was on the plans that were approved. Buelterman said the original plans were approved with a variance. Burke answered no variance — staff approved. Crawford said the people have done all that they were told to do. Buelterman asked about access. Smith answered the roof is flat and that the access to that part is so small you cannot get anything up there. Barrow asked if the beams are part of the roof system on the original plan. Smith answered yes. Youmans said there are letters from the neighbors approving of this variance. Crawford moved to approve the variance. Reynolds seconded. Vote by Council was unanimous. Buelterman moved to approve the zoning text amendment on front yards under the title of Definitions. Crawford seconded. Buelterman asked Smith if this was for clarification only. Smith answered yes. Vote by Council was unanimous. Mayor Parker noted that there were no comments from the audience. This is the first reading. Smith presented Council with the zoning text amendment of Section 5 -080 LDC Longevity of site plan. The length of time would be 12 months from date of approval. Reynolds agreed that the site plan needs a sunset but that a year is little short and he recommends at least 2 years. Crawford moved to adopt Section 5 -080 Longevity with the time limit 36 months from the date of approval. Youmans seconded. Vote by Council was unanimous. This is the first reading. Smith presented Section 5 -060 Subsection E to council explaining that this would eliminate the advertising requirements for the Planning Commission meeting. Smith said that this is not requirement by State law. This will help shorten the length of time of getting something before Council. Youmans moved for approval on first reading. Crawford seconded. Freda Rutherford and Jim Kluttz made comments. Buelterman said that the Planning Commission vote unanimously to table for 90 days. Reynolds said 6 years ago it was not taking 12 weeks for a person to get a decision from Council. Crawford said a former Council put in the roadblocks and that we need to have a speedy answer. Smith said that it would still come before the Planning Commission, but would not be advertised as a public hearing. Vote by Council was 4 in favor (Burke, Youmans, Reynolds and Crawford); 2 opposed (Buelterman and Barrow). Youmans moved to deny the business license request from Dr. Owen for the renting of surfboards on the beach at 17th Street. Crawford seconded. Tom Devaney said his client applied under the old ordinance, not the new one, these are foam surf board, 8 to 12 feet long, the site would be set up in a wooden enclosure and will have no impact on Chandler. Burke asked that the Chief of Police, the head lifeguard study the beach for additional surfing areas and time also. Buelterman agrees. Devaney said that there could be better cooperation between the lifeguards and the surfers. Vote by Council was 4 in 1 1 1 favor to deny (Youmans, Crawford, Buelterman and Barrow) 1 opposed (Reynolds); 1 abstained (Burke). Burke moved to approve Section 6 -1 -10 Aid to Construction with the deletion of the $1,200 cap for 2 bedroom and the addition of $1.00 per square foot of heated space on new construction and $.50 per square foot for addition of heated space on its first reading. Buelterman seconded. Vote by council unanimous. Buelterman said that Hughes explained the step -by -step procedure on green space and recommends that Council adopts. A copy of the June 7, 2002 letter will be attached and become a part of these minutes. Buelterman said that the City needs to come up with one appraiser for the city and that the petitioner would bear that expense. Crawford agrees with Buelterman, with maybe a list of three and rotate them as request comes in to the City. City manager will devise the list. Hughes mentioned an ordinance to spell out the process. Michael Gaster petitioned Council for a Special event one -day beer and wine license for July 2, 2002. Crawford moved to approve the one -day special event for beer and wine. Burke seconded. Vote by Council was unanimous. Buelterman moved that Council approve a letter in support of extending the McQueen Trail to Tybee in order to get fund from SPLOST over a five -year period. Buelterman said that he would bring the letter before Council before mailing. Crawford seconded. Vote by Council was unanimous. Buelterman moved to adopt a resolution in order to create Youth Council on Tybee. Burke seconded. Vote by Council was unanimous. Youmans moved to deny the Ante Litem from Mr.& Mrs. William Inglis. Crawford seconded. Vote by Council was unanimous. Barrow said the issue of ethics and a policy came up at the May meeting. Barrow motioned that our City Attorney make sure we are all compliant elected officials and employees and are up to date on our ordinances, with the City Manager to oversee. Crawford seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Youmans moved to accept the changes to the dead, diseased or storm damaged tree fees with not charging any fee for their removal. Crawford seconded. Vote by Council was unanimous. Paul Burns addressed Council on the issue of Bubba Gumbo's alcohol beverage license. Hughes said that he requested that Burns appear. Hughes stated that a fire occurred, the power was cut and not all the electricity went off, also a structural engineer was hired to look at the pilings. After a very long discussion Buelterman moved to approve the business license. Burns told Council he was not serving on that portion that is over the piling and has an engineer coming down next week to tell him what to do. Bargeron said that work had been done at Bubba Gumbos' without a building permit. Burns said he replaced the windows. Buelterman moved to approve the Authorization Agreement for Automatic Deposit of the insurance premium tax revenue that the City receives each October on the request from Commission of Insurance John Oxendine. Burke seconded. Vote by Council was unanimous. Reynolds moved to adopt the non - discrimination assurance agreement with DOAS. Buelterman seconded. Vote by Council was unanimous. 1 1 City Manager Bob Thomson said that he would like to study the property insurance premiums before any action by Council. Youmans moved to adopt Section 8 -3 -070 (A) LDC Additional Structures on its second reading. Reynolds seconded. Vote by Council was unanimous. Buelterman moved to adopt Section 6 -1 -10 Tapping/stubbing fees on its second reading explaining that this will be a 10% increase for Tapping and Stubbing fees. Reynolds seconded. Vote by Council unanimous. Buelterman moved to adopt Section 9 -1 -20 Sales on Streets, Strand, Beach or Park Prohibited on second reading. Reynolds seconded. Vote by Council was unanimous. Thomson is to talk with the auditor about the $137,000 write off and the other adjustments to the 2001 budget. Crawford moved to approve the truck schedule for hauling sand. Buelterman seconded. Vote by Council was unanimous. Youmans moved to go into executive session to discuss personnel and litigation. Buelterman seconded. Vote by Council was unanimous. Clerk of Council Mayor Walter W. Parker 1 1 Vberea5 .114 reclamation The Honorable Burke Day has been an able and effective representative of Tybee Island and our interests; and Vijeren The Honorable Burke Day joined in gaining approval of the Stephens Day Bill causing rejoicing throughout Chatham County; and VTjereao The Honorable Burke Day researched and wrote House Bill 1021 which provides for the preservation of Georgia's beaches, especially Tybee Island; and Wbereafc The Honorable Burke Day guided the Georgia Beach Preservation and Maintenance Act to unanimous approval in both the Georgia House of Representatives and the Georgia Senate causing great rejoicing on Tybee Island; and Vfjerea5 The Honorabre Burke Day has always provided wise counsel and a clear perspective to our local officials; and Vfjereag The elected officials, the members of the Beach Task Force and the citizens of Tybee Island would like to express our deep appreciation for the tremendous work Representative Day has done and is doing for the welfare and quality of life on Tybee Island; Rob), *retort, I proclaim Thursday, May 23rd, 2002, in the City of Tybee Island as a Day of Honor for Burke Day. utter /1.). Parker, illapor 3facqueipn rotan, irk of Council hate 1 1 1 .4 Bell Company Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers P.O. Box 14247 Savannah, Georgia 31416 Contractor's Name & Address: Change Order AquaSouth Construction, Inc. P.O. Box 747 Pooler, Georgia 31322 Date: May 22, 2002 Job No. Change Order No. Three (3) RE: TYBEE ISLAND WASTEWATER TREATMENT PLANT Description of Work to be Added, Deleted or Substituted: Landscaped buffer Chain link fence LUMP SUM LUMP SUM TOTAL CHANGE ORDER 3 Justification: Requested by the Owner. Revised Completion Date: $10,727.00 $11,345.00 $22,072.00 Original Contract Amount $2,324,999.0%0 Total Add Previous Change Order $ 243,661.0 Total Add This Change Order.. $ 22,072.010 Revised Contract Amount $2,590,732. This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended By: `' —�' Date: May 22, 2002 Engineer: Hussey, Gay, Bell & DeYoun nc. Accepted By: Date: Contractor: AquaSouth Construction, Inc. Approved By: Date Owner: City of Tybee Island, Georgia 1 1 1 Abbreviate 1997 EDITION AIA DOCUMENT B151-1997 Standard Form of Agreement Between Owner and Architect AGREEMENT itadeasofthe 28th dayof May in th yPar 2002. %obi*. indkitte 4rnonth and year) BE:II/VEIN the. Architect'S client identified as the Owner: (Tarne, address and Other inforrnation) of Tybea Island 401 Butler Avenue Tybee Ieland, •Georgia 31328 and the Architect Warm address and other information) Poticny Deering PeIder, PC 1015 Whitaker Street Savannah, Georgia 31401 For the following Project: (Include detailed desaiiption of Project) Renovations to the Tybee Island Guard House/ Communi The work to be completed includes the completion of drawings frir the structure along with review of the ing structural mechanical, electrical and plumbing systems,. A final set Of construction documents will prepared showing the renovation work to be undertake The °Wrier and Architect agree as follows. This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ty Center. as-built exists= be 1110 n. 41j,. af 41,, WItsoltilb Ma" Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material herein or sub- Stafilial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5fateS and will subject the violator to legal prosecution. WARNING :unlicensed photoeopying violates.' US. copyright laws and will subject the violator to legal prosecution. 01997 MA0 AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 1 1 AR I~7C[ E T ARCHJ 'TS. 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required far the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 13 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. 1.4 The serv=ices covered by this Agreement are subject to the time limitations contained in Subparagraph. i434. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services cot silt of those; described in Paragraphs 2..2 through 2.6 and any other services identified iz i Article as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Projed . and shall arrive at a Mutual understanding of such requirements with the Owner. 21:2 The Architect shall provide. a prelirniriary evaluation of the Owner's program, schedule and construction budget rrquiren ents, each in terms of the other, subject to the limitations set forth in Subparagraph 2.2.3: The Architect: shall review With the Owner alternative approaches to design and construction of the Project. 2.2.4 Based can the mutually agreed-upon program, schedule and construction budget requirements; the Architect shall prepare, for approval by the Owner, Schematic Design DtjcuMents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.24 The Architect . shall submit to the ()Amer a. preliminary estimate of Construction Cost based on current area, vo.]:iiisie or similar concephial estimating techniques. 23 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved, Schematic Design Documents and any adjustments authorized by the, Ovv3ier in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other doc- uments to at and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems; materials and such other elements as may be appropriate. 23.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. WARNING:. Unlicensed: photocopying violated i1S. copyright laws and will subject the violator to legal prosecution. Co ®1997 AIA® AIA DOCUMENT 8151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 1 1 aII /4 ea oi.00 ©1997 AIA® IAIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architgcts 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 2 4 C-IDNSTRUCTION DOCUMENTS-PHASE - - - - -- - - -- 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having: gsdictiot over the Project. 2.5 BIDDING OR NEGOTIATION PHASE e Architect, following the Owner's approval of the Construction Documents and Of the latest: pre ► ary estimate of Construction Cost, shall. assist the Owner in obtaiig:ktids or uegoti.ed propos s and assist in awarding and preparing contracts for construction. 2.6 CONS ` UCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION COIORA T 2.6.1 The Arc is tect's responsibility to provide Basic Services for the Cpiastialettoin Phase. under this Agreement c.. mences with the award of the initial Contract for CiinSietion and terminates at the ear of the issuance to the Owner of the final Certificate for yaiiieit or 0e days after the date of Su. tantial Completion of the Work. 2.6.2 The Architect shall pro de administration of the Contract for Gantt uiditsri,. as set forth below and in the edition of ►; Document Aaoi, General Conditions of the Contract for Construction, current as of the • e of this Agreement, unless other vise provided in this Agreement. Modifications made to the . eneral Conditions, when adopted as p: ofthe Contract Documents, shall be enforceable under du ° • : eement only to the extent that they are consistent with this Agreement or approved in writing the Architect. 2.63 Duties, responsibilities and limitations of a ority of the rchitect under th Paragraph 2.6 shall not be restricted, modified or extended wi ' °,.ut written agreement of the (3wrier and Architect with consent of the Contractor, which consent not 1 e tnireasonably withhel d. 2.6.4 The Architect shall be a representative of and shall a• 'se and eonsult with the Lauer during the administration of the Contract for Construction. The:.: i Meet. ball have authorit•to act on behalf of the Owner only to the extent provided in this *Merit unless otherrovise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at � er'als appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner 4 the Architect in Article 12, (i) to become generally familiar with and to keep the Owner Lab • d about. the progress and quality of the portion of the Work completed, (2) to endeavor to guard', `e Nter against defects and deficiencies in the Work, and (3) to determine in general if the Work • ' bei_ 0 performed in a manner indicating that the Work, when fully completed, will be in aceora ce with the Contract Documents. However, the Architect shall not be required to make exhaustive WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. on#inuous -on site-inspections-to check the quality orquantity-of the Work. The Arc&i iect shall n <`ther have control over or charge of,,nor be responsible for, the construction means, methods, to ,.'ques, sequences or procedures, or for safety precautions and programs in connection with the .rk, since these are solely the Contractor's rights and responsibilities under the Contract D. . nts. _2.6.6 Th• chitect shall report to the Owner known deviations from the Contract Documents and from r - most recent construction schedule submitted by the Contractor. However, the Archi fleet sllii. ` . 'ok be responsible for the Contractor's failure to perform the Work in accordance With the require;. exits: of the Contract Documents. The Architect shall be responsible for the Architect's riegige , t acts or omissions, but shall not have control over or charge of and shall not be ;responsible ftarr :. cts or omissions of the Contractor, Subcontractors, or their agents or enipli gees.;. or Of any . er persons or entities performing portions of the Work. 2:6:7 The Architect sh . ti, at all times have access to the Work wherever it is in preparation or progress. 2.6.8. Except as otherwise pro • - d iii this Agreement or when direct communications have been speeialiy authori ed., the ®. r s - . endeavor to communicate with the.Contractor through the Architect about. matters arising ou t: e f or relating to the Contract Documents. Communications by and With the: Architect's consultant;, shall be through the Architect. 2.6.9 C1E:RTIICATES FOR PAYMENT 2.6.9.1 The Architect shall, review and .ce a _ the amounts due the Contractor and shall issue certificates in. such arrnotints;. 2.6.9.2 The Architect's certification for payment- hall constitute a representation to the Owner, based on the Architect's. evaluation ofthe Work AS p : ovided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for 1 aymen that the Work has progressed to the point indicated and that, to the best ofhe Architect's knowle ,e, information and belief, the quality of the`; Work is in. accordance with the Contract Docume ts. The foregoing representations are subject (i) to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; (x) td r-esti is of subsequent tests , d inspections, (3) to correction of minor deviations. from the Contract Documents prior to ompletion, and (4) to specific quali fications expressed by the Archri ect. 2:6.93 The issuance of a Certificate for Payment shall not be a repr entation that the Architect has (i) made exhaustive or continuous on -site inspections t� check the t ality or quantity of the Work, (:2) reviewed construction means, methods, techniques, segue ces or procedures, (3) reviewed, copies of requisitions received from Subcontractors and materi suppliers and other data requested by. the Owner to subsstantiate the Contractor's right to payme , or (4) ascertained how or for what purpose the Contractor has used money previously paid account of the Contract Sunx. 2.6,40 The Architect shall have authority to reject Work that does not conform to e Contract. Documents. Whenever the Architect. considers it necessary or advisable, the Architect hall have authority to require inspectin or testing- of the Work in accordance with the provisio of the Contract Documents, whether or not such Work is fabricated, installed or completed. H•' ever, neither this authority of the Architect nor a decision made in good faith either to exercise o, not to exercise such authority shall give rise to a duty or responsibility of the Architect to e Contractor, Subcintractors, material and equipment suppliers, their agents or employees or othe persons or entities performing: portk ns of the Work. WARNING:.Unftcensed photgcopying;violetes: G5, copyright laws and will subject the violator to legal prosecution. ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects, 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 1 1 ®1997 AlA® IAIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 T- die .Architect -ghat/ review and a . rove or take other a ro riate Miff,. u • The ntractor's submittals 'such as Shop Drawings, Product Data and Samples, but only for' the ed purpose of checking for conformance with information given and the design concept expre ed in the Contract Documents. The Architect's action shall be taken with such reasonable promp . ess as to cause no delay in the Work or in the activities of the Owner, Contractor or separate ontractors, while allowing sufficient time in the Architect's professional judgment to permit ade uate review. Review of such submittals is not conducted for the purpose of determin- ing the accu cy and completeness of other details such as dimensions and quantities, or for substantiating' . structions for installation or performance of equipment or systems, all of which • remain the res ..nsibility of the Contractor as required by the Contract Documents. The Architect's revie shall not constitute approval of safety precautions or, unless otherwise ' specifically stated b the Architect, of any construction means, methods, techniques, sequences or procedures. The Arc ect's approval of a specific item shall not indicate approval of an assembly of which the item is a c ponent. 2.6.12 If professional desi:' , services orcertifications by a design professional r d to sys s, materials or equipment are ecifically required of the Contractor by the Coact Docursmmts, the Architect shall specify app opriate performance and design criteria that sum; rvicetilM t satisfy. Shop Drawings and oth submittals related to the Work designed o. eed design professional retained by Contractor shall bear such professiori's ' Tr' alma when submitted to the Architect. he Architect shall be entitled to re], on # adegcyt accuracy and completeness of the rvices, certifications or approvals .#etzforme4 • by •ib:'.: design professionals. 2.6.13 The Architect shall prepare Change ders and Construction Change: porting documentation and data if dee ed necessary by the Arehitec`t. ss Subparagraphs 31.1 and 3.3.3, for the Owner's - pproval and execution in acconlince with Contract Documents, and may authorize minor anges in the Work not 1 irag str in the Contract Sum or an extension of the Contra Time which are cons ath 1#�nt: the Contract Documents. 2.6.14 The Architect shall conduct inspections to det Completion and the date of final completion, shall receive Owner, for the Owner's review and records, written warrant the Contract Documents and assembled by the Contractor, Payment based upon a final inspection indicating the Work coin Contract Documents. e the date or om the Contractor ContrattoPAncl forty and related documel s requir shall issue a final : rti ate ies with the requirements of the 2.6.15 The Architect shall interpret and decide matters concerning er rmance flit Owner and Contractor under, and requirements of, the Contract Documents o *ten rest;; the Owner or Contractor. The Architect's response to such requests shall : merle %i,l • in any time limits agreed upon or otherwise with reasonable prom 2.6.16 Interpretations and decisions of the Architect shall be cor reasonably inferable from the Contract Documents and shall be in wriTh' grin ings. When making such interpretations and initial decisions, the Architect, secure faithful performance by both Owner and Contractor, shall not sbf and shall not be liable for results of interpretations or decisions so rend a ,ttent .ttT?O' e ftii?rn of drams, endeavor to ei r, 2.6.17 The Architect shall render initial decisions on claims, disputes or other matte between the Owner and Contractor as provided in the Contract Documents. Architect's decisions on matters relating to aesthetic effect shall be final if consist, intent expressed in the Contract Documents. 1 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 1 1 e ci Owner and Contractor, except for os 2.6.17, shall be subject to mediation and arbitration as provi Contract Documents. ions on claims, dispules or other. itigter-S-ih ilu6,15:01:w-e-ii- the aesthetic effect as provided in Subparagraph reement and in the 4.• ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 41,1. The gOV1•00 described in this Article 3 are not included in Basic Services unless so identified: i *tide 12, end they shall be paid for by the Owner as provided in this Agreement, in addition to the coinpenSation for Basic Services. The services described under Paragraphs 3.2 and 34 sh-Fll ly be provided if authorized or confirmed in writing by the Owner. If services described un4et Cogitigot Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owilgt tioms that such services described under Paragraph 3.3 are not required, the Owner shall gi-Ve prompt written ncitite to the Arehitect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESE$TATOPI/BOMAAWOJW100/ 41.1 If IA04 repreSentati011 at the site Alai As/described in Subparagraph 2.6.5 is required, the Arthitect . shell provide one or more Project Representatives to assist in carrying out such additional on-site reSponsibllitiO. 3.2.2 Project RepreSentativeS shall be selected, employed and directed by the Architect, and the Architect shall he Compensated therefor as agreed. by the Owner and Architect. The duties, respo*ibiLities:40 limitations of authority Of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 34,3 Thr the presence at the site Of such Project Representatives, the Architect shall eMeaver-te prOVide Anther proteetionbiheOwner 'against defects and -deficiencies in the-Work, but the furnishing of such project repreeentation shall not modify the rights, responsibilities or obgations of the AtChitect as deStilbed elseWliere in this Agreement. 3.3 CONTINGENT ADDITIONAL sgmeicts, 341 Malting revisions hz dray1tirigkVecigcations or other documents when such revisions are .t inconsistent With approvals or instructions previously given by the Owner, including tevisiOns macte:necesSaq by adjustments u the Owner's program or Project budget; ,z required by the criatithent or: revision a twos, laws or regulations subsequent to the preparation of such docktititins; or .s due to changes; required as a. result of the Owner's failure to render decisions in a timely marmen 3.3.2 Providing serViete required because of 0.004,pr1t changes in the Project including, but not limited to, size, ri4ity; complexity, the pwilo schedule, or the method of bidding or negotiating; a#4 contracting for cot64tru.ction, ekie6tif6iseivicisiz4afultrLdi adgitit6Maigi-akg 5(24 33.3 Preparing Drawings, Specificatiiink end other documentation and supporting data, evaluating Contractor's proposals, and pritig other services in connection with Change Orders and COristruction ChaOP, Directives. 344 Pro*I Services iiiOntiectibit with evaluating substitutions proposed by the Contractor dAd Making subsequent revisions to DraWings, Specifications and other documentation resulting therefrom. WARNING: Unlioni4PdpholixopyingVhaltifekl4 copyright laws and will subject the violator to legal prosecution. ©1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects T735 New York Avenue, N.W. Washington, D.C. 20006-5292 ©1997 AIA® IAIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 141 'fYi �Qxisl tatio gnc nigre j cg3nent of Work damal;ed v fire or other eause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the. Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or pro:vi services in connection with bidding, negotiation or construction prior to the completion oft= onstrution Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4,1 Providing analyses of the Owner's needs and programming the requireim!ents of tlle. Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of p spectivv; Sit , 3.4.4 Providing special surveys, environmental studies and submissions re d for , pro of governmental authorities or others having jurisdiction over the Project:: Previding services relative to-future facilities,.systems -and equipment. 41.4 W / ThbvicliAi 'e d Yolikskotik4 t9 Ns /cif NcA r4 is e#46g / Yiddioliq sW irciskiVeiifykklaicidarty%t Ahgs /oaf 4tk ck fa /riatiq i�. olvW 3.4.8 Providing coordination of. construction performed lit. aiAtg con' Owner's own forces and coordination of services required in' on wi performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a consrIa ti rrn,. manager of oeptirate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, eV.* ari41 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connertY_ selection, procurement or installation of furniture, furnishings and related equipr>enl+ or. WM MNG: Unlicensed photocopying violates US. copyright taws and will subject the violator to legal prosecution~ • -3;4;14— Providina-servic for-planning ten-ant-or rentalvaces. U_ . 3 . 4 15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities., 1 1 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the C9Iltract0r to the Architect. 34 i4fu • .AsSlOnice in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and 3040:0-ance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 6o days after the date of Substantial Completion of the Work. 3.4.11 Providing services of Consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any otho serviceS ntrt Othemise included in this Agreement or not customarily furnished in accordance -with gen04111Y accePtecl architectural practice. ARTICLE 4 OWNER1. ROPON51WiTIE5; : 41 The Owner shall provide full information in a timely manner regarding requirements for and limitation s on the Project, *Nang a written program which shall set forth the Owner's Objectives, schedule; constraints and Criteria,: including space requirements and relationships, flexibility, expandability, Special equipment, systems and site requirements. The Owner shall furnish to the Architect, within15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 41 The One shall establish and perio4ically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The 'Owner or stich designated representative shall render decisions in a timely manner pert4411g to documents submitted by the Architect in order to avoid unreasonable delay in the orderly,' and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describo physical characteristics, legal limitations and utility locations for the site of the Project, and *Written legal description of the site The surveys and legal inforination shall include, . as apgfojki. grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictinnAi boundaries and contours of the site; locations, dimensions and necessary data. with rspect tO• existing buildings, other improvements and trees; and information concerning available utilityserYices and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project henclunark. 44 The Owner shall furniSh oto. services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, BnliCeriSed:phorCicopying•vioisneay.s. copyright taws and will subject the violator to legal prosecution. . 01997 AIA® MA DOCUMENT 8151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ©1997 AIA® IAIA DOCUMENT 8151 -1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 diterninations of sol_bearu7g values, ercolation tests evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary.operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications; ;r Payment or to ascertain how or for what purposes the Contractor has used the money paid wyot on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.4gh 4 be furnished at the Owner's expense, and the Architect shall be entitled tQ;'g. upe accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect aware of any fault or defect in the Project, including any errors, omission; the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION WA* col on eXteies : 5.1.1 The Construction Cost shall be the total cost or, to the extent time ?roject is n& completed, the estimated cost to the Owner of all elements of the Project designed $ Specified'by the Architect. 5.1.2 The Construction Cost shall include the cost at current market. rates of idiot axld materials furnished by the Owner and equipment designed, specified, selected or specie provided for by the Architect, including the costs of management or supervision of constnctioi or installation provided by a separate construction manager or contractor, ,puts; a reasonable allowance for their overhead and profit. In addition, a reasonable allowani ;for coigencies shall be included for market conditions at the time of bidding and fo :Changes in the' ork,.. 5.1.3 Construction Cost does not include the compensation of the Architect .and _ Architets consultants, the costs of the land, rights -of -way and financing or other costs. at are the resppt =- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost resent. the *try. is ost of labor, and detailed estimates of Construction Cost, if any, prepared by the Arc Architect's judgment as a design professional familiar with the cortru recognized, however, that neither the Architect nor the Owner has conil materials or equipment, over the Contractor's methods of determining tbid price~,= ibr wog competitive bidding, market or negotiating conditions. Accordingly, the Architects ,04001 does not warrant or represent that bids or negotiated prices will not vary from the Q ? ' zOyett budget or from any estimate of Construction Cost or evaluation prepared or agle4 to iv the Architect. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 1 —5±2 No -fixed limit of Construct iorreost-shalt-be-establlhed as a condition oftlus Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction .Cost to. the fixed limit. Fixed limits, if any, shall be increased in the amount of an i'ricrease: iii the .0M :tad Sum occurring after execution of the Contract for Construction. 5.1.3 If the Bidding or Negotiation Phase has not commenced within yo days after the Architect snlaits. the Construction Documents to the Owner, any Project budget or fixed limit of Confritctii n. Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. OA If a Aged _ limit of Construction -Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by flit lowest bona fide bid or' negotiated proposal, the Owner shall: .1 give• written apprOVal of art indfease in such fixed limit; .x aut driae rebidding or renegotiating of the Project within a reasonable time; terrnizxat`e in aaeordance. w;l Paragraph 8.5; or cooperate in revising flat Brojedt scope and quality as required to reduce the ConstrilctionCast3 5.2.5 If the Owner chooses to. prirceed. under Clause 5.2.4.4, the Architect, without additional compensation, shall Modify the ttoctipietts5 film which the Architect is responsible under this Agreement as necessary to coilyi: the fined limit, if established as a condition of this Agreeii ei .t. The . Modification of such ; doctime pits without cost to the Owner shall be the limit of the Architect's r_esponsibihty under ant Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance Wit: this Agt erxieitt. for all services performed whether or not the Construction Phase is: comet need. ARTICLE 6 USE OF1 RCI4fI ,ECT T111rR.U.MtilT OF SERVICE 6.f Drawings, speeifl.ons and Oyer documents, including those in electronic form, prepared by the Arc±itect and the ; hitect's consultants are Instruments of Service for use solely with respect to this Projed. The. Architect and the Architect's consultants shall be deemed the authors and owners of their iespettfre Instruments of Service and shall retain all common latiw Statutory and other reservvci right* in eluding: copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's lnstiutoents of Service solely for purposes of constructing, using and maintaining the Project, provided tbi4 the Owner shall comply with all obligations, including prompt payment of all sums Mien, die, under this Agreement. The Architect shall obtain similar nonexclusive Tense: front: the Architect's consultants consistent with this Agreement. Any teirminatioix of this Agreement prior to completion of the Project shall terminate this license. Updh such termination; the Owner shall refrain from making further reproductions of Instruments of Service and, shall rettirn to Vag Architect within seven days of termination all Originals and reproductions in the O‘Wttee. s possession or control. If and upon the date the Architect is adjudged m default of this Agreement, the foregoing license shall be deemed tern mated and replaced by a. sedond„ nonexclusive license permitting the Owner to authorize ofkex similarly c>x'edentialed design professionals to reproduce and, where permitted by law, to wise changes, Corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. WAltbliNG Llnlicensei, plfotaccpyirit vtiihrie *.us: copyright laws and will subject the violator to legal prosecution. ®1997 AIA® AIA DOCUMENT 8151 -1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 ©1997. AIA® IAIA DOCUMENT B151-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 63 Exce . t for The licenses : r' , iTf ,s _ 6:2, no other license • hall be -deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub- subcontractors and material or equipment suppliers to reproduce applicable portions o_ f the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph.6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or; alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Se; in electitiic form or the Owner providing to the . Architect any electronic data for inco • on initt;-the Instruments of Service, the Owner and the Architect shall by separate written a enlient set fo the specific conditions governing the format of such Instruments of Service i. elronie 44 including any special limitations or licenses not otherwise provided in this:,reemen <. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or relatti ii . s ement. shall be subject to mediation as a condition precedent to arbitration or the insi 0u; of I far equitable proceedings by either party. If such matter relates to or is the subject cita-400,grisingOrt of the Architect's services, the Architect may proceed in accordance . ith.: am-ca lad t : comply with the lien notice or filing deadlines prior to resolution of the metitet 1 y ingliktion ittr by arbitration. 712 The Owner and Architect shall endeavor to resolve claims, disputes: ap.4 other, Matter4 question between them by mediation which, unless the parties mutually a aee 'herwiee,s sill . in accordance with the Construction Industry Mediation Rules of the kgericata, Arbitration Association currently in effect. Request for mediation shall be filed in writing wit thi other party to this Agreement and with the American Arbitration Association. The request may be Ynade: concurrently with the filing of a demand for arbitration but in such event, l dia j proceed i n a d v a n c e of a r b i t r a t i o n or legal or e q u i t a b l e proceed e h shall be *Welt pendi g. mediation for a period of 6o days from the date of filing, unles: ; for a longer period by agreement of the parties or court order. 7.13 The parties shall share the mediator's fee and any filing fee4eq ally,'The media shall, be held in the place where the Project is located, unless another Wagon is meta ally agreed up. , Agreements reached in mediation shall be enforceable as settlernent agree ient* tin ar o irL having jurisdiction thereof. 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out of or- Agreement shall be subject to arbitration.• Prior to arbitration, the parties shall endeavor to resolve disptktegby mediation in accordance with Paragraph 71. 7.2.2 Claims, disputes and other matters in question between the parties that are arenareSOlVed. by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 1 1 1 --be-in-accordance-with the Construction - Indust - Arbitration Rules-of-the-American-Arbitration Association currently in effect. The demand Tor arbitration shall be fileclTdwriting with the other party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 74.4 No. arbitration, arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except, by written consent containing a specific reference to this Agreement and signed by the Q si.er; Archie, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute ci Other matter in question opt described in the written consent or with a person or entity not Harried Or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person .dr. entity duly consented to by parties to this Agreement shall be specifically enforceable: in accordce with applicable law in any court having jurisdiction thereof: 7.2.5 The award rendered, by the arbitrator rator or arbitrators shall be final, and judgment may be entered upon it in, accordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CON$EQUENtliktD W04)08'8 The Architect and °wrier waive ;apnsegiten#aj damages for claims, disputes or other matters in question arising out of or relating to taiS Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due tb either party's termination in accordance with Article 8: AlITIC44 8 TE`RMINAttO:.. OR SUSBENS.101 84 . Ifthe Owner fails tb make paya nts-to the Architect in accordance with this Agreement, such failure shall be c sidered substantial nonperformance and cause for termination or, at the 'Architect's option,: cause for suspension of performance of services under this Agreement. If the Architect, elects to suspi nd services; pijor to suspension of services, the Architect shall give seven days' written notice to the Owner In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or dap?aage caused the Owner because of such suspension of services. Before:resuming seriiees,ltl Architect shalt;be paid all sums due prior to suspension and any expenses. m erred in the interruption and restimption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2. If the Project is suspended by the Owner for more than 3o consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed,, the Architect shall be compensated. for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall he equitably adjusted. 8.3 If the Project. is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. WARNINGi Unikensed photocopyingviolates 115. copyright laws and will subject the violator to legal prosecution. ©1997 AiA® AIA-D000MENT 3/511997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 i ©1997 AIA® IAIA DOCUMENT B181-1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 iI5 AgteetmleLI uiay err .. i . less-than notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS • 9.1 This Agreement shall be governed by the law of the principal place of httsiness of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the tom; Document A201, General Conditions of the Contract for Construction, current:as this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining *acts, ozitis t� shall be deemed to have accrued and the applicable statutes of limitations s all -0omtieitc to fI. not later than either the date of Substantial Completion for acts or failures tto act tIcciirItifig prior;. to Substantial Completion or the date of issuance of the final Certificate for Payment for act% or failures to act occurring after Substantial Completion. In no event shall such statutes o f limitations commence to run any later than the date when the Aritect'$ services substantially completed. 9.4 To the extent d_am_ages are covered by property insurance during.cai i ti tlii Br- and Architect waive all rights against each other and against the contractors, 604s ants, agents : and employees of the other for damages, except such rights as they may : to the pro Bed such insurance as set forth in the edition of AIA Document A2o1, Gentili Conditions Contract for Construction, current as of the date of this Agreement. The O* ber of the 4 .as appropriate, shall require of the contractors, consultants, agents and employees similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves;,; ; *tilers, stitiOss, i ,. assets and legal representatives to the other party to this Agreement ? i tOilke partners, Stittessors,. assigns and legal representatives of such other party with respect tc ' all coiits of tlti Agreement. Neither the Owner nor the Architect shall assign this Agreementsii,titlie0 the writtelt consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shat, assume the Owner's right,„* obligations under this Agreement. The Architect shall execute all consents reasohaa11reed facilitate such assignment. 9.6 This. Agreement represents the entire and integrated agreement; the Architect and supersedes all prior negotiations, representations or or oral. This Agreement may be amended only by written instrument signed Architect. O vnei d eider written C+wr 9.7 Nothing contained in this Agreement shall create a contractual relationship:' j .cause of action in favor of a third party against either the Owner or Architect.. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution.; 1 1 1 9:8 Unless otherwise provided in this Agreement, the Architect and Architect''s consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's _ shall not include the Owner's confidential or proprietary iriformatioxt if te Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such . certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of e.ecution. The Architect shall not be required to execute certificates that would require knowledge; ser ices or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project anti the portion of the cost of their mandatory and customary contributions and benefits. related thereto, such as eployrrient taxes and other statutory- employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE .EXPENSES. 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the. Architect and Architect's employees and consultants directly related to the Project, as identified . in the following Clauses: transportation in connection witli. the Project, authorized out -of -town travel and sUUbs stence, and elettronic comniuiucations; .2 fees paid for securing approval of aiithbrities having jurisdiction over the Project; z reproductions, plots; standard form documents, postage, handling and delivery of Iiistrunieilts: of Service; .4 expel e of overt -lie work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, Models and mockups requested by the Owner; s expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect. 014 the Architect's consultants; i reimbursable expennse; : as: designated in Article 12; .a other sin lar direct Prd jectsrelated expenditures. 10 ;3 PA fik STs ON ACCOUNT OF BASIC SEi'VICES, 10_; / /aJt/ ir/t /i4er /{is it/ 10.3.2 4. payments for Basic Services: shall be made monthly and, where applicable, shall be in proportion to services performed: Within each phase of service, on the basis set forth in Subparagraph 11.2.2. 103:3: If and to the extent; that. the time initially established in. Subparagraph n.5.1 of this Agreement is exceeded or extentlecd through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph WARNING; U nlliensad phisits*yiriivlclaaes.t'JS. copyright laws and will subject the violator to legal prosecution. ®1997 AIA® AIA DOCUMENT B151 -1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 en -compensation- is based ona- percentage of Cons- etion-Costend any portions of- e oject are * • o erwise not constructe , compensation or ose portions of e Project shall be payable to the exten are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based II lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most rece inary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of 10:4. - PANTIPMPN ACCOUNT OF ADDITIONAL SERVICES Payment a *ova of the Architect's Additional Services and for Reimbursable Expenses shall be:: 11#.40 nioiithly tpn presentation of the Architect's statement of services rendered or expenses NOMENtS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, licididated damages or other sums withheld from payments to contractors, or on account of the Cost of Changes in the WorX other thah those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOONTKO REowS Records of Reimbursable' EXpOses and 61"tpetises pertaining to Additional Services and services performed on the basis Of hurl- rates or a multiple of Direct Personnel Expense shall be available to the OWner brthe.O uthi&J representative at mutually convenient times. ARTICLE 11 BASIS OF c6MOENSAIttjr4 The Owner shall doinpensaia the Aridiit 00. follows: nttf ($ Owners account at final paynent. Dollars tion of this Agreement and credited to the 114 BASIC COMPENSATION 11.2.1 For Basic Servi*i as d0,4 41MiCie 2, and any other services included in Article 12 as part a Basic Services,. Basil cotopgrtsaitin shall be computed as follows: (IFsert basis of coMpensation, ineludingstipiatiated sums, multiples or percentages, and identify phases to which metkOdS of t cimperisatioli p1y, Jnecssary.) As desribeA in 11 22 OolicensOctiOitiiooppgkiieliw to, copyright laws and will subject the violator to legal prosecution. O1997 MAO AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 112.2 Where compensation is based: on a stipulated smn progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Th irty Design Development Phase: Ten Construction Documents Phase: S ixt Y W -14 Prilek/tit#94310/13eV cAtY-0964 7144 / percent 30 %) percent (10 %) percent ( ON 01'440J/N) / 11-#21 Basic Convensation: $ 16 0 0 0 . 00 one hundred percent (i00%) 114 0:?MPENIATION FOR ADDITIONAL -SERVICES 11.1.1 For Project Representaion Beyond Basic Services, as described in Paragraph 3.2, compen- sation shall be computed as follows: As inditated in Attachment 'A', Hourly Rates Schedule 11.3.2 Er Ackgtitmal Services:, Of the Ahit eLtt, as described in Articles 3 and 12, other than services included in Axt!cle 12 as part of ac Seivices,,b14 exc1udujg services of consultants, compensation shall be computed g foilows;: (Insert basis of compenSatioti inciudink rates and inishiples of Direct Personnel Expense for Principals and employees, and idenfij5± Prinapals and lass* employees, if required. Identify specific services to which parti•itliar metho44 compert,sation apply, if necessary.) As 1,#17.1iq4.:tqd itilAztt4qhmeilt 'A', Hourly Rates Schedule 1997 mike ALA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Ililo1iNtild:1:10110,11040trptotopylngidOlate4 v4: copyright laws and will subject the violator to legal prosecution. 1 1 1 - 1133 For - Additional Services of C—onsnitants; including additional structural, met. lianioal rd electrical engineering services and those provided-under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one point two( 1 . 2) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one point two (1 • 2) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within S ( 6 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compen- sated as provided in Subparagraphs io.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty ( 3 0 ) days from the date of the Architect's invoice, Amounts unpaid S i x t Y ( 6 0 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to. time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.5% Per month on unpaid balance. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's andiArchitect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions. or modifications, and also regarding requirements such as written disclosures or waivers.) 11.53 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. WARNING: unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 01997 AIA® MA DOCUMENT 8151 -1997 ABBREVIATED OWNER - ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 1 1 1 ARTiCLE-12- OTHER CONDITIONS -OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Agtomda sKit.**1 hag: of 014 d4tyalid year fir Nvr4ten above. . , OWNER aisndt4it0 ITECT (signatute) . • • (Printed name and ti) , , -inted name and title) t4V.Ttait You shoutd sign an origitial.ALA t:lbeilment or a licensed reproduction. Originals contain the ALA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. 14111040: ilakkentedithi*OpOrigiMola,404 copyright laws and will subject the violator to legal prosecution. MOMS II■Mr krt ©1997 AIR® AIA DOCUMENT B151-1997 ABBREVIATED OWNER- ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 1 Affachibent'A`__,._ ADDITIONAL SERVICES AND UNIT RATE FEES: Design/ Administration Services for Modifications, Additions or Alterations to design directed after advertisement for bids, Costs for out -of -town travel, Additional Construction Review, Altemate Designs (after approved design sign -off), As- Builts (if not included as part of the basic services), Permit Administration etc., or Additional or Non -Basic Services, will be invoiced at the following Unit Rates: Principal: Intern Architect: Draftsman: Clerical: Depositions: Outside consultants retained and invoiced through PDF: Reimbursable Expenses Blueprints: Plot Sheets: Color Plot Sheets: Mileage: Postage /Ovemight Delivery $110.00 per hour $60.00 per hour $50.00 per hour $40.00 per hour $175.00 per hour 1.15 x cost $1.50 per sheet $8.00 per sheet $20.00 per sheet $.38 per mile $1.15 x cost 1 1 1 RESOLUTION o f TN] beeZ.sIC,,,d [INSERT OFFICIAL EMPLOYER NAME] WHEREAS, the i o of T �� it , Georgia, (hereinafter referred to as the 'Pam ' sting Employer ") ha'determined that in the interest of attracting and retaining qualified employees, it wishes to offer a deferred compensation plan; WHEREAS, the Participating Employer has also determined that it wishes to encourage employees' saving for retirement by offering salary reduction contributions; WHEREAS, the Participating Employer has reviewed the Georgia Municipal Association ( "GMA ") Deferred Compensation Plan ( "Plan "); WHEREAS, the Participating Employer wishes to participate in the Plan to provide certain benefits to its employees, reduce overall administrative costs, and afford attractive investment opportunities; and WHEREAS, the Participating Employer is an Employer as defined in the Plan; WHEREAS, the Participating Employer has executed an Adoption Agreement for the Plan; WHEREAS, th ,�; t overning Authority ") is authorized by law to adopt this resolution approvin_' the _ .ption Agreement on behalf of the Participating Pmployer; Therefore, the Governing Authority of the Participating Employer hereby resolves: Section 1. The Participating Employer adopts the Plan and the Trust Agreement ( "Trust ") for the Plan for its Employees. Section 2. The Participating Employer acknowledges that the Board of Trustees of the GMA Defined Contribution and Deferred Compensation Plan ( "Trustees ") are only responsible for the Plan and have no responsibility for other employee benefit plans maintained by the Participating Employer. Section 3. The Participating Employer hereby adopts the terms of the Adoption Agreement, which is attached hereto and made a part of this resolution. The Adoption Agreement sets forth the Employees to be covered by the Plan, the benefits to be provided by the Participating Employer under the Plan, and any conditions imposed by the Participating Employer with respect to, but not inconsistent with, the Plan. The Participating Employer reserves the right to amend its elections under the Adoption Agreement, so long as the amendment is not inconsistent with the GMA 457(b) Plan 1 1 1 Plan or the Internal Revenue Code or other applicable law and is approved by the Trustees of the Plan. Section 4. (a) The Participating Employer shall abide by the terms of the Plan and the Trust, including amendments to the Plan and the Trust made by the Trustees of the Plan, all investment, administrative, and other service agreements of the Plan and the Trust, and all applicable provisions of the Internal Revenue Code and other applicable law. (b) The Participating Employer accepts the administrative services . to be provided by GMA and any services provided by a Service Manager as delegated by the Trustees. The Participating Employer acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the Participants' accounts. Section 5. (a) The Participating Employer may terminate its participation in the Plan, if it takes the following actions: (i) A resolution must be adopted terminating its participation in the Plan. (ii) The resolution must specify when the participation will end. The Trustees shall determine whether the resolution complies with the Plan, and all applicable federal and state laws, shall determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation.. However, distributions under the Plan of existing accounts to Participants will be made in accordance with the Plan. (b) The Participating Employer acknowledges that the Plan contains provisions for involuntary Plan termination. Section 6. The Participating Employer acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of Participants and their Beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries and for defraying reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or is held as / art of the Plan s 1. /- I -• . 1 1- • 1 1 - a 11.1. _ " • and distributed as part of the Trust Fund in accordance with the provisions of the Plan. All contributions to the Plan must be transferred by the Participating Employer to the Trust Fund. All benefits under the Plan shall be distributed solely from the Trust Fund pursuant to the Plan. GMA 457(b) Plan 1 1 Section 7. This resolution and the Adoption Agreement shall be submitted to the Trustees for their approval. The Trustees shall determine whether the resolution complies with the Plan, and, if it does, shall provide appropriate forms to the Participating Employer to implement participation in the Plan. The Trustees may refuse to approve an Adoption Agreement by an Employer that does not have state statutory authority to participate in the Plan. The Governing Authority hereby acknowledges that it is responsible to assure that this resolution and the Adoption Agreement are adopted and executed in accordance with the requirements of applicable law. Adopted by the Governing Authority on �. l 1 i h e. ■3 , 2.CX3 Z , in accordance with applicable law. Atte Date: 11)20 2 4 Tf2 akar, mac _ Name and Title [Government Authority should assure that applicable law is followed in the adoption and execution of this resolution.] 1 GMA 457(b) Plan 3 1 1 Name: GMA 457(b) DEFERRED COMPENSATION PLAN ADOPTION AGREEMENT ADMINISTRATOR Georgia Municipal Association 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile. 404 -577 -6663 PARTICIPATING EMPLOYER GOVERNING AUTHORITY Name: 14 P v i E Q \. �-- Address: p .p. t3evx ,3-7i(31 rr.peP :"Ts r�c-t, G6 3 f 32,e 'D.749 Phone: 041a_ P'1 C, ' i '� E 106 Facsimile: • r) S. -5131 ®ter - b or Person Authorized to receive 0 ` icial Notices from the ' Ian or GMA DISCLOSURE OF OVER 457(b) PLAN(S) The Participating Employer DQ does or ❑ does not have an existing deferred compensation plan(s). If the Participating Employer does have one or more deferred compensation plans, the Governing Authority must provide the plan name and the name of the provider and such other relevant information requested by the Administrator. PLAN YEAR 1 Plan Year means the Employers fiscal year. GMA 457(13) Plan AA-4 1 1 COVERED DEPARTMENTS A Participating Employer may cover all of its departments in. the Plan or only those listed. jEt All Departments ❑ Covered Departments (must specify) ELIGIBLE EMPLOYEES Only Employees (including independent contractors) as defined in the Plan maybe covered by the Adoption Agreement. Subject to other conditions in the Plan and this Adoption Agreement, the following Employees of the covered Departments are eligible to participate in the Plan: �i All Employees (includes elected or appointed members of the Governing Authority) 0 Independent Contractors (must specify): Employers must assure that proper procedures are in place to make deferrals for independent contractors. The Employer shall provide the Trustees with the name, address, Social Security Number, and date of birth for each Eligible Employee. 1 PAYROLL PERIOD The payroll period of the Participating Employer is: ❑ Weekly ❑ Semi - Monthly. J $i Weekly ❑ Monthly GMA 4570') Plan ❑ Other (must specify): AA -5 1 MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT Ha Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Governing Authority by official action must adopt an amendment of the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the Trustees for approval. The amendment of the Adoption Agreement is not effective until approved bythe Trustees and other procedures required by the Plan have been implemented. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement may be terminated only in accordance with the Plan. EXECUTION BY EMPLOYER The foregoing Adoption Agreement is hereby ado ted and approved on the 13 day of , c�C�b�. , by the . t��- bee W. -6nd, C f �'�5sra foci �- . Signed: Printed Name; g PrCier PEir' r-' Title: P 41 C7 f Date of Signature: i a., 1 GMA 457(b) Plan AA-6 1 TRUSTEES' APPROVAL The Adoption Agreement is approved by the Board of Trustees of the GMA Defined Contribution and Deferred Compensation Plan. Contributions shall first be remitted as follows: 0 no later than 15 business days after the Payroll Period ending 0 other (must specify) Dated: ) - I I -02. By.' 719239.6 Title: ®r~ on behalf of the Board of Trustees 1 GMA 457(b) Plan AA -7 1 CHATHAM EMERGENCY MANAGEMENT AGENCY 124 BULL STREET • SUITE 140 SAVANNAH, GEORGIA 31401 TELEPHONE 912 - 201 -4500 • FAX 912 - 201 -4504 http: / /cema.chatham- county.org May 3, 2002 Mayor Walter Parker City of Tybee Island POB 128 Tybee Island, GA 31328 Dear Mayor Parker: At the onset of hurricane season each year, we are reminded of our vulnerability to the whims of Mother Nature, On September 11th, we also teamed the painful lesson that American soil is not immune to the depraved acts of mankind. To assist your community in coping with these potential contingencies, I have enclosed a blank Statewide Mutual Aid and Assistance Agreement. I urge you to review and enter into this agreement with the Georgia Emergency Management Agency. The State of Georgia is vulnerable to a wide variety of natural and man -made disasters; because of this the Georgia Emergency Management Act was amensie i to provide local govemments with authority to enter into agreements for mutual aid during the time of emergencies. This authority provides a means for obtaining timely reimbursement of costs incurred by local govemments that render such assistance and where needed, authorizes the Georgia Emergency Management Agency to coordinate emergency assistance between local govemments and to provide available resources. In the event of a presidential disaster declaration, it is imperative that your community has an agreement in place in order to receive compensation and timely reimbursement of costs. Sincerely, Phillip M. Webber Director Enclosure: Mutual Aid and Assistance Agreement Cc: City Manager GEORGIA EMERGENCY MANAGEMENT AGENCY STATEWIDE MUTUAL AID AND ASSISTANCE AGREEMENT The State of Georgia is vulnerable to a wide range of natural or man -made disaster /emergencies. The Georgia Emergency Management Act, as amended (The Act) gives the local governments of the State the authority to make agreements for mutual aid assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. Under the Act the Agency has authority to coordinate assistance between local governments during emergencies and to provide available resources where needed. ARTICLE I STATEMENT OF AGREEMENT. DEFINITIONS AND AUTHORITIES This Agreement is made and entered into between the participating political subdivisions, which approve and execute this agreement, hereinafter called "Participating Parties" and the Georgia Emergency Management Agency (GEMA). For purposes of this agreement, the following terms and expressions shall apply: (1) "Agreement" means this agreement, sometimes called the "Statewide Mutual Aid Agreement." (2) "Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this agreement during an emergency or disaster. (3) "Assisting Party" means a Participating Party that provides assistance pursuant to this agreement during a disaster or emergency. (4) "Authorized Representative" means a Participating Party's employee who has been authorized in writing by that party to request, to offer, or otherwise to provide assistance or an employee of the Georgia Emergency Management Agency designated by its Director under the terms of this agreement. (5) "Participating Parties" means the several counties and municipalities of this State or combinations thereof that have become parties to this agreement by their approval and execution of this agreement. (6) "Requesting Party" means a Participating Party that requests assistance pursuant to this agreement during a disaster or emergency. Any term or expression not defined in this agreement shall have the meaning specified in the Georgia Emergency Management Act and rules promulgated thereunder, unless used in a context that clearly suggests a different meaning. This mutual aid agreement is entered pursuant to authorities contained in Articles I through III, Chapter 3, Title 38, Official Code of Georgia Annotated, including O.C.G.A. § 38 -3 -29, specifically. ARTICLE II GENERAL PURPOSE The purpose of this agreement is to provide for mutual assistance between the Participating Parties in managing any emergency or disaster that is duly declared by the governing authority of any political subdivision that is a Participating Party, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages, community disorders, insurgency, or enemy attack. ' . - ARTICLE III ACKNOWLEDGEMENT OF PRINCIPLES The prompt, full and effective utilization of resources of the Participating Parties, including any resources on hand or available from the State or Federal Government or any other source, that are essential to the safety, care 1 1 1 Page 2 and welfare of the people in the event of any local emergency or disaster declared by the Governor shall be the underlying principle on which all articles of this agreement shall be understood. In the event a conflict between any provision of this agreement and any existing intrastate mutual aid agreement affecting a Participating Party, the provisions of this agreement shall be controlling. On behalf of the governing authority of each political subdivision of this State participating in the agreement, the Director of emergency management of such political subdivision will be responsible for formulation of the appropriate mutual aid plans and procedures necessary to implement this agreement. ARTICLE IV PARTICIPATING PARTY RESPONSIBIL1 HES (a) It shall be the responsibility of each Participating Party to formulate procedures and programs for intergovernmental cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, each Participating Party, insofar as practical, shall: (1) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (2) Inventory and set procedures for the loan and delivery of human and material resources, together with procedures for reimbursement. (b) Whenever a Participating Party declares a local emergency and such disaster or emergency is too great to be dealt with unassisted, for which a state of emergency has been declared, the Director of Emergency Management for such Participating Party or his/her authorized representative may request assistance from another Participating Party by contacting the Director of the Georgia Emergency Management Agency. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting party's response and a point of contact at that location. The Assisting Party will (a) maintain daily personnel time records, material records and a log of equipment hours (or miles, if appropriate) and (b) report work progress to the Requesting Party at mutually agreed upon intervals. ARTICLE V LIMITATIONS Any Participating Party requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof; provided that it is understood that the Participating Party rendering aid may withhold resources to the extent necessary to provide reasonable protection for such political subdivision. 1 1 1 Page 3 Emergency forces will continue under the command and control of their supervisors, but the organizational units will come under the operational control of the emergency services authorities of the Requesting,Party unless the Director of GEMA or his/her authorized representative approves an alternative. These conditions may be activated, as needed, in any disaster or emergency for which a state of emergency has been declared and shall continue so long as the state of emergency or disaster remains in effect or loaned resources remain in the Requesting Party's jurisdiction(s), whichever is longer. ARTICLE VI LIABILITY AND IMMUNITY (a) In accordance with O.C.G.A. § 38- 3- 35(a), no political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 of Title 34, Code Section 38 -3 -30, any pension law, or any act of Congress. (b) In accordance with O.C.G.A. § 38- 3- 35(b), no political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of Georgia Annotated; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of title, or pursuant to any ordinance relating to precautionary measures enacted by any political provisions of Articles 1 through 3 of said chapter and title, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state shall be liable for the death of or the injury to person or for damage to property as a result of any such activity. (c) It is the express intent of the parties that the immunities specified above shall be construed in accordance with O.C.G.A. § 38 -3 -35 and shall apply in addition to any other immunities provided by statutory or case law. ARTICLE VII RIGHTS AND PRIVILEGES In accordance with O.C.G.A. § 38- 3- 30(a), whenever the employees of any Assisting Party or political subdivision are rendering outside aid pursuant to this agreement and the authority contained in Code Section 38- 3-27, the employees shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivisions in which they are normally employed. ARTICLE VIII REIMBURSEMENT In accordance with O.C.G.A. § 38- 3- 30(b), the Requesting Party shall be liable for any loss of or damage to equipment used or placed within the jurisdiction of the Requesting Party and shall pay any expense incurred in the operation and maintenance thereof. No claim for the loss, damage or expense shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of the claim under oath is served by mail or otherwise upon the chief fiscal officer of the Requesting Party. The Requesting Party shall also pay and reimburse the Assisting Party for the compensation paid to employees furnished by the Assisting Party during the time of the rendition of the aid and shall defray the actual traveling and maintenance expenses of such employees while they are rendering the aid. The reimbursement shall include any amounts paid or due for compensation due to personal injury or death while the employees are engaged in rendering the aid. Expenses that are to be reimbursed by the Requesting Party shall include the following: 1 1 1 Page 4 (1) Labor costs, which shall include alI usual wages, salaries, compensation for hours worked, mobilization and demobilization, the Assisting Party's portion of payroll taxes (as employer), insurance, accrued paid leave and other fringe benefits, but not those amounts paid or due as 'a benefit to the Assisting Parties personnel under the terms of the Georgia Workers Compensation Act. The term "employee," as used herein, shall mean, and this provision shall apply with equal effect to, paid, volunteer and auxiliary employees and emergency management workers. (2) Equipment costs, which shall include the fair rental value, the cost of fuel and other consumable supplies, service and repairs. If the equipment is damaged while in use under this agreement and the Assisting Party receives payment for such damage under any contract for insurance, the Requesting Party may deduct such payment from any item or items invoiced. (3) Material costs, which shall include the total reasonable cost for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the benefit of the Requesting Party. (4) Meals, lodging and other related expenses, which shall include charges for meals, lodging and other expenses relating to the provision of assistance pursuant to this agreement shall be the actual and reasonable costs incurred by the Assisting Party. The Assisting Party shall maintain records and submit invoices for reimbursement as specifiedhereinabove and the Requesting Party shall pay the invoice no Iaer that 30 days following the invoice date. ARTICLE IX IMPLEMENTATION (a) This agreement shall become operative immediately upon its approval and execution by the Georgia Emergency Management Agency and any two political subdivsions of this State; thereafter, this agreement shall become effective as to any other political subdivision of this State upon its approval and execution by such political subdivision. (b) Any Participating Party may withdraw from this agreement by mailing notice of withdrawal, approved by the governing authority of such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority of the withdrawing political subdivision has given notice in writing of such withdrawal to the governing authorities of all other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the effective date of withdrawal. (c) Copies of this agreement shall, at the time of their approval, be deposited with each of the Participating Parties and with the Georgia Emergency Management Agency. ARTICLE X GEORGIA EMERGENCY MANAGEMENT AGENCY GEMA shall act as the coordinating entity under this agreement. Nothing herein shall limit any authority of the Governor or the Director of the Georgia Emergency Management Agency under articles, I, II, or III of Chapter 3, Title 38, Official Code of Georgia Annotated. In the event the Governor should declare a State of Emergency, any and all provisions of this agreement which may conflict with actions taken pursuant to such declaration shall be superseded by any such act or actions. ARTICLE XI TERM OF AGREEMENT This agreement shall expire on January 7, 2012. Agreement of the Participating Parties to extend the term of this agreement at any time during the Iast year of its original term or the last year of any subsequent ten-year term shall extend the term of this agreement for ten years. Each ten -year extension shall constitute a separate agreement. MAY.14'2002 09 :37 9122382767 APR-26,1990 11: IA Page 5 C ALLAWAY,BRP.UN,.IDDLE &H:JG?iS3, P.0 041;. ARTICLE, XII VALIDITY This agreement shall be construed to effectuate the purposes Stated to Articles 11 and 112E hereof. if any provision of this agreement is declared =constitutional, or the appl cabifity thereof to any person. or circumstances is held invalids the constitutionality of the remainder of this agreement and the applioability thereof to other persons and circumstance shall not be a#%a^ted thereby. ,And: Couaty/Mtrnicipality Lector of Georgia Eyrmergenc-j Authorized Representative Management Agency Date 1 Date TOTAL P . 82 1 PRICE COMMUNICATIONS WIRELESS, INC. 1800 Phoenix Boulevard Suite 120 Second Floor Atlanta, Georgia 30349 May 1, 2002 BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED City of Tybee Island PO Box 2749 Tybee Island, GA 31328 Re: [Savannah — Tybee Island] — Water Tower Lease Agreement between City of Tybee Island and GTE Mobilnet of the Southeast, Inc. dated 4/15/92 (Tybee Island, GA) (the "Contract ") Ladies and Gentlemen: Price Communications Wireless, Inc. ( "Price ") has entered into an agreement to contribute its business (as the terms of such transaction may be modified from time to time, the "Verizon Transaction ") to Verizon Wireless of the East LP ( "Verizon LP "), a limited partnership majority -owned and managed by Cellco Partnership (doing business as "Verizon Wireless "). Verizon Wireless, the largest wireless communications provider in the U.S., is a joint venture between Verizon Communications Inc. (NYSE: VZ) and Vodafone Group Plc. In connection with the Verizon Transaction, (i) Price will contribute and assign to Verizon LP substantially all of its assets, including, without limitation, all of its rights, title and interests under its FCC licenses and under the Contract, and (ii) Verizon LP will assume certain of its liabilities and obligations, including, without limitation, all of its liabilities and obligations under the Contract. Pursuant to the terms of the Contract, we hereby request that you sign the enclosed copy of this letter to indicate that you hereby (a) consent to the assignment by Price of all of its rights, title and interests under the Contract to Verizon LP, such assignment to become effective upon the closing of the Verizon Transaction (the "Closing "), and (b) consent to the assumption by Verizon LP of all of Price's liabilities and obligations under the Contract, such assumption to become effective upon the Closing. 5544/59472 -051 NYWORD /63011 v1 1 1 1 Please promptly return a signed copy of this letter in the enclosed self - addressed stamped envelope to the following address: Proskauer Rose LLP 1585 Broadway New York, New York 10036 Attn: Ronald S. Kornreich All other terms and conditions of the Contract will remain in full force and effect, except that, as of the Closing, all communications and notices under the Contract should be addressed to: S. Mark Tuller Vice President Legal and External Affairs Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Fax: (908) 306 -7329 If you have any questions regarding the matters addressed in this letter, please do not hesitate to call Michael N. Bruno, President of Price Communications Wireless, Inc., at (770) 210 -8102. Thank you for your cooperation and prompt attention to this matter. ACKNOWLEDGED AND AGREED CITY OF TYBEE ISLAND By: Name: Title: Date: 5544159472 -051 NYWORD /63011 v1 Sincerely yours, PRICE COMMUNICATIONS WIRELESS, INC. By: "_ ` N •- E ael N. Bruno Title: President JuN.V0 eUU2 1h:t3 91ee38efr;7 Mayor Walter W. Parker MY COUNCIL Walter Crawford, Mayor Pro Teem Richard Barrow Jason Buelterman James ',Ronny" Burke Whitley Reynolds Jack Youmans CALLPGTAY ,BRP.UN,RIDDLE &H:JGHES,P.0 #4824 P.002/003 CITY OF TYBEE ISLAND June 6, 2.002 The Honorable Walter W. Parker, Mayor and Members of Council The City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31325 -2749 City Manager Tom Cannon Clerk of Council Jacquelyn R. Brown City Attorney Edward M. Hughes Dear Mayor and Council: There are several proposals regarding ).and use issues coming before you which may trigger the application of the Conflicts of Interest in the Zoning Actions Law or the City's Code of Ethics to certain of the proposals. Questions are raised about which of you may be disqualified on voting or participating on some of the proposals and exactly what proposals these law applies to. The purpose of this correspondence is to alert you to these issues and to the fact that we have to be careful so as to comply with the law or the action taken is likely to be, also void if the conflicts law is knowingly violated it would amount to a misdemeanor. The Conflicts of Interest in Zoning Actions law is pretty specific and has direct application to any "rezoning action ". A "rezoning action" is defined as "....action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another ". Generally, a government official who has an interest in, or who has a family member who has an interest in, or who has a financial interest in a business entity which bas an interest in, any real property to be affected by a rezoning action is required to immediately disclose the nature and extent of that interest in writing to the governing authority. That official is then disqualified from voting on the rezoning action. Further, the disqualified official is prohibited from tatting any other action on behalf of himself or any other person to influence action on the application. Again, the law makes violation of these provisions a misdemeanor. The conflicts law provides a process to be followed in the event a disinterested quorum of governing officials cannot be obtained. In that event, we would have to petition the Superior Court to appoint special master to hear evidence regarding the proposed rezoning action and to make a recommendation to you. This requires that additional hearings be held as directed by the Court Order and that the special master be compensated for his services. The special master then makes a recommendation to the governing officials and the disqualification provision is waived. P.O. Box 2749.403 Butler Amuse, '1 Island, Georgia 31328 -2749 1912) 786.4873 • FAX (912) 786-5737 www.citt+ vkybee•org -V 0Y9 Jli.&. Vf. I V. v: u: ur: r, na ,c tutu lv, 11r,anJUata,c.4. $40G8 Y.VVS /UVJ When a Zoning Ordinance is first adopted or when a Zoning Ordinance is adopted as part of the adoption of a comprehensive plan, the Conflicts of Interest in Zoning Actions law does not apply. We are not dealing with either of those exceptions in this instance but rather are dealing with proposed rezoning of property and proposed alteration of lot size requirements and the law would therefore apply. The "rezoning action" contemplated by the proposed ordinances may technically be limited to the elimination of the C -2 and the R -1 -13 Districts. The issue of lot sizes may technically not be a "rezoning action" because the zoning classification is not being changed. However, a conflict calling for disqualification may still exist. If a councilmember owns a lot which is subject to the proposed lot reduction, there is obviously a potential for a conflict of interest and it would be my reconnnendation that such a counciln3ember not participate on that issue. In fact, the City's ordinance (2 -1 -18, Article V) would expressly prohibit participation as would the City's charter (100- 2 -14). I think it is a very close question of whether or not a lot reduction would amount to a "rezoning action" but considering the consequences of proceedings as if it is not and being wrong the more cautious approach would be to decline to participate when circumstances are such that a conflict could exist under either that law or the City's provision. I do not believe every text amendment effecting things like setbacks in a particular district would disqualify every property owner on council in the district from participating on those issues nor necessarily would every lot size change result in a disqualification. But, under the circumstances you are faced with currently, lot size changes of the degree suggested raise an issue of a conflict that disqualification is required in my view. Diane has recently sent me tax records indicating the location of the various properties you or your family members own. However, if any of you own any business interest in any properties or interest in businesses that own property, please let me as quickly as possible. I am continuing to research the issue concerning the size of lots and the implications of the laws discussed above and will have more information for you shortly. Please call if you have questions. EMI-1Ipf 1 truly y it rs, M. ughes 1 RESOLUTION WHEREAS, City government is the government closest to the people, most affecting their daily lives; and WHEREAS, City government can and should act in the best interests of its young people; and WHEREAS, the need to focus on issues affecting our Nation's youth has increased over the past few years spreading from the large cities to the small communities, these issues include youth crime and high levels of alcohol and drug abuse; and WHEREAS, the youth of our city are a valuable resource which should be heard from and included in our City government; and WHEREAS, Tybee Island's Mayor and City Council are committed to work with the youth of our community to help address their concerns and needs, and to further educate them on the operations of their local government; and WHEREAS, it is the desire of the City Council to establish a Youth Council to serve as a forum to address these needs and involve the youth of our City in the creation of a better City, County, State and Nation in which to mature into responsible adulthood. NOW THEREFORE, BE IT RESOLVED that there is hereby created a Board to be known as the Tybee Island Youth Council, which shall consist of eight (8) members. The members will be City of Tybee residents who are actively enrolled in a public /private middle/high school or home school program in grades eight through twelve. Members will be appointed by the Youth Council Advisory Board with the approval of the City Council. Members appointed shall serve a one -year term. The Youth Council shall select officers, establish by -laws, and meet once a month. The Office of the City Clerk shall keep public record of such meetings. All meetings shall be public. 1 May 29, 2002 Policy for Council meeting of June 13, 2002 Tree Permit Fees $ -O- To remove a diseased tree with written documentation from a qualified tree authority that the tree is indeed severely diseased or dead $ -O- To remove a severely storm damaged tree with written documentation from a qualified tree authority that the tree is indeed severely diseased. 1 Mayor Walter W. Parker 1 AUTHORIZATION AGREEMENT FOR AUTOMATIC DEPOSITS (ACH CREDITS) LOCAL GOVERNMENT NAME: - CITY OF TYBEE ISLAND I (we) hereby authorize the Office of Commissioner of Insurance, hereinafter called the Commissioner, to initiate credit entries; and, if necessary, after notifying the undersigned and providing proof of any credit entry errors to the account and depository listed below, to credit and /or debit the same to such account. Type of Account (check one) Checking Savings Depository Name Wachovia Bank of Georgia Transit /ABA Number 061000010 Account Number XXX Georgia Fund One 17990031 If we change banks or bank accounts, or if we choose to discontinue direct deposit of County/Municipal tax, we hereby acknowledge that we are solely responsible for notifying the Commissioner in writing of the change. The Fiscal Office of the Office of Commissioner of Insurance must receive the notice by September 1; otherwise the discontinuance will begin for the following year. This authorization is to remain in full force and effect until the Commissioner has received written notification of its termination. Name and Title of authorized official Signature Date Phone number Walter rd Parker Rnhert R Thnmgnn, City Manager 912 - 786 -4573 OC..// g /z-6 z, 1 NON-DISCRIMINATION ASSURANCE Assurance to be executed by authorized representative of Donee activity prior to receiving donations of Surplus Personal Property from Support Services Agency on and after October 17, 1977. Assurance of compliance ss its GSA Re?ulations under Title VI of the Chi' Rights Act 0( 1984. Section 606 of Title VI of the Federal Propern and Administratise Sers ices Act of 1949. as amended. Section 504 of the Rehabilitation .Act of 1973. as amended. Title 13C of the Education Amendments of 1972, as amended and Section 303 of the Age Discrimination Act of 1975. ee Island NAME of ORGANIZ ATION hereinafter called the "donee," hereby agrees that the program for or in connection with which any property is donated to the Donee will be conducted in compliance with, and the Donee will comply with and will require any other person (any legal entity) arrangements with the Donee is authorized to provide s services through benefits under other program to comply with all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CFR 101 -6.2 OR 101 -8) issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975, to the end that no person in the United States shall on the ground of race, color, national origin, -.- sex, or age, or that no otherwise qualified handicapped person 'shall solely by reason of the handicap, be excluded from participation in, be denied the benefits=of or be subjected to discrimination under any program or activity for which the Donee received ._ Federal Assistance from the General Services Administration:- and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. The Donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the Donee for the period during which it retains ownership or United States shall have the right to seek judicial possession c alenfocem enforcement of this agreement; that the and this agreement shall be binding upon any successor in interest of the Donee and the word "Donee" as used herein includes any such successor in interest. e —PIav 20 2nn2 BY c9ty of mvbP� Tsiand —4n� n „t 1 ez r p O Box 2749 Tybee Island, GA 31328 DONEE MAILING ADDRESS INCLUDE STREET ADDRESS IF DIFFERENT FROM MAILING ADDRESS AUT iOR/ZED FFIO C'IAI REVISED JUL 01 IRESOL.t'TION /DESIGNATIO\ OF CERTIFYING OFFICIALS AND PROPERTY SELECTORS The following named individuals are hereby appointed certifying officials with authority to conduct all matters of business pertaining to the acquisition and utilization of Surplus Property acquired through the Georgia State Agency for Support Service Division. They are designated to obligate necessary Donee Organization funds for this purpose and execute Distribution Documents binding the Donee Organization to the terms. conditions reservations and restrictions applying to property obtained through the agency. The list will be updated on a regular basis depending on type of organization. Between update periods, the certifying official is responsible for notifying the State Agency in the event of additions or cancellations to the list. Individuals not listed below will be required to have written authorization from a certifying officer before being admitted to the agency distribution centers. TITLE TELEPHONE a CC- �.le.ano r 1 s 6 � � cL � � f a �� • '�5�3 ��t"aabi Cl��Sc'l�- 14613 The above listed individuals will assume responsibility for appointing property selectors, insure lawful utilization of property, maintain property records on property received, and assure prompt payment on service charge accounts. he below listed individuals are designated property selectors and have authority to visit and acquire tems of property from the Georgia State Agency for Surplus Property. (Use additional pages if needed.) NAME POSITION William PyP Daniel Carpenter Gerald Wells Sr. Michael Gibboni George Reese John Dowell al i /11M t� 1r' ri C , C hrl CAsir ate Director Asst. Director Head Mechanic �i rpH -or _'P rhnirian Foreman UNIT Public Works Public Works Public Works Water /Sewer Water /Sewer Water /Sewer CHIEF EXECLZIVE OFFICERLIKE OFFICIAL 1 1 1 ORDINANCE # IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that the Code of Ordinances shall be amended to amend Section 8- 3-070(A) and to place in lieu thereof the following to be designated as Section 8-3-070(A). 3.070 ACCESSORY /ADDITIONAL STRUCTURES (A) Principal structure on Iot. Only one principal building and its customary accessory structures may be designated per lot. Notwithstanding anything herein to the contrary, in C i. Zoning districts, the property owner may petition the Mayor and Council for permission to allow one additional principal use building per lot, provided the following conditions are met (I) The property is one lot of square feet or larger, (2) The proposed use of the additional building is permitted it the C -1 Zone and is compatible with the existing or proposed principal use budding use; (3) The proposed use of the additional building will further the needs of the owners or residents of the principal building or the general population; (4) All other requirements of the land development code are met, including but not limited to, setback, greenspace, drainage, height limits, etc.; and (5) Tb.e permitted additional building must be restricted to the use approved by the Mayor and Council and may not be changed without approval by the Mayor and Council. Adopted this day of . 2002. ATTEST: JACQUELYN R. BROWN CLERK OF COUNCJ, FIRST READING SECOND READING: ENAI t.D: EMH\2453AOKD-AM NA77D MAYOR WALTER W. PARKER 1 1 3 -070 Accessory /Additional Structures ORDINANCE NO. It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Development Code, Article 3 General Provisions, Section 070 (A) Accessory /Additional Structures, be amended to read as follows: Section 1. Section 3 -070 is hereby amended to read as follows 3 -070 ACCESSORY STRUCTURES { flfsiPn P provided the 'c liowing.canditic The propel one of of 4,200 square The proposed use of tlae additical building . the existing or props sed'prin pal use building use: } The pr pn of the additional .building will h oipn.nc ii l b�id� y l c ge es p p l tiatlx 'ace drainage, height 1 ddatconal building �tibl wit (B) Location of detached accessory structures on residential Tots. A detached accessory structure in either a residential district or on any lot containing a principal building whose first floor is used for residential purposes are exempted from the schedule of regulations in Section 3 -090 of this article, but, shall conform to the following regulations: (1) No detached structure shall extend beyond the front building line of the principle structure. (2) No detached accessory building shall be more than one (1) stories in height. (3) No detached accessory building shall be located nearer than five (5) feet to any alley line where that alley line is coincident with the rear lot line. (4) No detached accessory building shall be located nearer than five (5) feet to any lot line. (C) Location of attached accessory structures on residential lots. An attached accessory structure in either a residential district or on any lot containing a principal building, the ground floor of which is used for residential purposes shall be considered as an integral part of the principal building and shall be constructed, altered or otherwise be developed in accordance with the regulations governing side yard, rear yard and front yard setbacks for principal buildings in the district. Page 1 of 2 1 1 1 3 -070 Accessory/Additional Structures Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading: May 9, 2002 2nd Reading: June 13, 2002 Enacted: June 13, 2002 Page 2 of 2 1 1 1 9 -1 -20 Sales on Street ORDINANCE NO. 2002-13 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 9 Licensing and Regulations, Chapter General Provisions, Section 20 Sales on Streets, Strand, Beach or Park Prohibited, be amended to read as follows: Section 1. Section 9 -1 -20 is hereby amended to read as follows 9 -1 -20 SALES ON STREETS, STRAND, BEACH OR PARK PROHIBITED. The city council of the city of Tybee Island, Georgia, has made the following fmdings: (1) That the public beach and streets and parks are public areas which are open and accessible to all persons. (2) That the public beach, streets, strand and public parks of this City are maintained and subjected to reasonable regulation by this Council in order to promote the health, safety, welfare and morals of all persons; (3) That said areas provide a unique area for all persons to pursue peaceful relaxation and quiet enjoyment in a reasonable manner; (4) That it is desirable and necessary to preserve the unique nature of the areas referred to hereinabove and to protect all persons who utilize those areas from undue annoyance, disturbance and inconvenience, and for those reasons, the city council of the city of Tybee Island states: (5) It shall be unlawful for any person, firm or corporation to sell or offer for sale any goods, wares, merchandise or food on any of the public streets, or on the strand, or on the beach, or in any public park, or to solicit from any person for the purchase of any goods, wares, merchandise or food which might annoy or bother any person or persons who are pursuing peaceful relaxation and quiet enjoyment within the confines of the city of Tybee Island, Georgia, or on the Strand, or on the beach located therein or adjacent thereto. This prohibition shall not be construed to prohibit the display, offering for sale or sale of any goods, wares, merchandise or food immediately in front of the place of business of the seller, designee provided the seller has a building from which his business is being operated. This prohibition shall not be construed to prohibit the City Manager from the issuance of a temporary permitfor special events to allow any such sales at designated times and places where, in the discretion of such City Manager, those sales will not annoy, bother or harass the citizens and visitors of Tybee Island. (1997 -69; 8/14/97)(Ord. 2002 -13; 6/13/2002) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 13th day of June, 2002 Mayor Walter W. Parker Page 1 of 2 1 1 9 -1 -20 Sales on Street City Clerk 1st Reading: 5/9/2002 2nd Reading:6 /13/2002 Enacted: 6/13/2002 Page 2 of 2 1 1 1 6 -1 -10 stub tap aid to const ORDINANCE NO. 2002-12 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municipal Utilities, Chapter 1 Water Supply and Distribution, Section 20 Tapping/stubbing fees, meters, and Aid to Construction, be amended to read as follows: Section 1. Section 6 -1 -10 is hereby amended to read as follows 6 -1 -10 Tapping /stubbing fees, meters, and Aid to Construction Fees (A) Water and Sewer Tap and Stub Fees Water Tap Fees Sewer Tap /Stubbing Fee Dollar Amount 30O.y 744:818.5504 -1430.1573 'M87.6 500:551 711.A18.40 143015 3, I87 * * AS DETERMINED BY THE CITY MANAGER Water tapping and sewer stubbing fees for a water consumer will be based on the following formula. The fee shall cover the cost of the meter and inspection of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant. This tapping stubbing fee is payable in advance. (B) Meter Costs - Additional The cost for a water meter for sprinkler systems, swimming pools,etc. shall be based on the size of meter deemed necessary by the Water and Sewer department supervisor and/or his designee. The following rates cover the cost of the meter only. The property owner is responsible for both installation of meter and running of necessary lines. ( 1) Three- fourths (3/4) inch and $350.00 five- eights (5/8) inch ( 2) One inch 520.00 (3) One and one half (1 1/2 ") inch 1000.00 (4) Two inches 1200.00 (5) Above two inches will be Page 1 of 4 1 1 1 6 -1 -10 stub tap aid to const cost plus twenty -five (25 %) percent. (Code 1970, 20 -20; Ord No. 5 -1980, 10 -8 -80; Ord. No. 6 -1980, 10- 1980)(1997 -53; 8/14/97) In addition to the above tap and stub fees, the following Aid to Construction fees will apply: (ORD. 1998 -08; 3/26/98) NEW (C) Whereas, the Mayor and Council of Tybee Island, Georgia seek to expand the City's existing wastewater treatment facilities, and Whereas, the Mayor and Council of Tybee Island, Georgia, desire to ease the burden of such expansion of its facilities on the current users, the City Council shall enact the following Aid to Construction to be applied to customers that wish to connect to the City's wastewater utility system; Now therefore, be it enacted and ordained by the Mayor and Council of Tybee Island that: 1. In order to connect to the City's Wastewater Utility System all users shall pay an Aid to Construction Fee in addition to any tap or other fee required. The Aid to Construction Fee shall be paid prior to connecting to the City's Wastewater System. A written agreement between the City and each user will be executed upon payment of fees and prior to construction of facilities. 2. The Aid to Construction Fee shall be set by the City Council as an aid to the cost of expanding the City's wastewater treatment facilities and including future expansion of the plant or facilities (including legal, engineering, construction and administrative costs) divided by 1 MGD of expected wastewater use or $4.00 per gallon per day whichever is greater. 3. The Aid to Construction Fee shall be calculated by the City and shall be based on the average daily consumption of each type of establishment as outlined in Number 4 below. 4. The following Water Use Standards shall be used by the City in establishing the average daily consumption of users for the purpose of calculating the Aid to Construction Fee. Where categories are not listed, the City through its Consulting Engineer will calculate the project's contributory load factor (wastewater usage) and present the calculated load factor to the City Council for approval. Type of Structure Apartment, (& Other Dwelling Units) Assembly Hall Barber Shop/Beauty Parlor Boarding House ** Bowling Alley Church without Day Care or Kindergarten Clinic Correction Institution Country Club, Recreation Facilities Only Day Care Center, no meals Dental Office Department Store Water Usage in Gallons Per Day Aid to Construction @$4./Unit 150 per bedroom 600 * 3 per seat 125 per chair 100 per room 50 per lane 12 500 400 200 5 per seat 20 150 per exam room 125 per bed 25 per member 15 per person 200 per chair 10 per 100 sq.ft. Page 2 of 4 600 500 100 60 800 40 1 1 1 Drug Store Fountain Service - Add Meals - Add Food Service Establishments with Restrooms and Kitchen ** 1.) Restaurant, less than 24 hours per day operation 2.) Cafeteria, less than 24 hours per day operation 3.) Restaurant, 24 hours per day operation 4.) Drive -in Restaurant 5.) Carry-out Only Hospital Hotel, No kitchen Kindergarten, No Meals Kitchen for Day Care, Kindergarten Laundry, Self Service Laundry, Commercial Mobile Home Park Motel, No Kitchen Nursing/Personal Care Home Office Physician's Office Prison Schools: 1.) Boarding 2.) Day, Restrooms only 3.) Day, Restrooms and Cafeteria 4.) Day, Restrooms, Gym, Cafeteria Service Stations: 1.) Car Wash Only 2.) Fuel and Oil Only 3.) Full Service Shopping Center Stadium Tavern, Bar, Cocktail Lounge - No Meals Theater Travel Trailer Park 1.) With independent Water and Sewer Connection 2.) Without independent Water and Sewer Connection 6 -1 -10 stub tap aid to const 500 per store 1500 per store 50 per seat 32 per seat 63 per seat 100 per seat 50 per car space 75 per 100 sq.ft. 250 per bed 100 per room 15 per person 20 per person 200 per machine 1,000 per machine 300 per site 100 per room 150 per bed 30 per 200 sq. ft. 200 per exam room 60 per person 100 per person 15 per person 20 per person 25 per person 1,000 per stall 300 per pump 850 plus 300 per pump lO per 100 sq, ft. 2 per seat 30 per seat 5 per seat 175 per site 35 per site Page 3 of 4 2000 6000 200 128 252 400 200 300 1000 400 60 80 800 4000 1200 400 600 120 800 240 400 60 80 100 4000 1200 3400 & 1200 40 8 120 20 700 140 1 1 1 6 -1 -10 stub tap aid to const * $600/Bedroom , $1200 Max. for 2 or More Bedrooms ** Add 500 Gallons per machine to amount indicated if laundry or dishwashing machines are to be installed. (ORD. 1999 -18; 06/10/99)Qrd. 2002 -12; 6/13/2002) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 13th day of June, 2002 Mayor Walter W. Parker Clerk of Council 1st Reading: 5/9/2002 2nd Reading: 6/13/2002 Enacted: 6/13/2002 Page 4 of 4 JUN.Vt'2002 12:28 9122382767 Mayor Walter W. Parker CITY COUNCIL Walter Crawford, Mayor Pro Tem Richard Barrow Jason Zuelterman James "Jimmy" Burke Whitley Reynolds Jack Youmans Erik J. Olsen, P.E. Olsen Associates, Inc. 4438 Herschel Street Jacksonville, FL 32210 CALLP .WAY,BRAUN,aIDDLE&HJGHE3,3.0 04833 2.0021006 CITY OF TYBEE ISLAND June 7, 2002 VIA FACSIMILE - 904.384.7368 Re: Tybee Island North Beach Dune Enhancement Project/Project Manual Our File No. 572.18897 City Manager Tom Cannon Clerk of Cotendl Jacquelyn R. Brown City Attorney f_dwardM. Hughes Dear Erik: Subject to the approval of the Mayor and Council, it is my suggestion that the contract terms for the North Beach Dune Enhancement Project include the following provisions or points: 1. The route of travel for the trucks be on Polk Avenue from Highway 80 with entry to the beach to be near the Department of Public Works. 2. The hours of traffic within the City be from 7:00 am through 7:00 pm. 3. That the hauling and activities only occur on weekdays. Also, we probably need to have a provision that the hauling and staging of the sand should be conducted within a specific period of time. Do you have any suggestions on that? Also, were you .able to determine whether or not the permit from the Department of Natural Resources will become part of the contract documents? I look forward to hearing from you. With kindest regards, I remain Very truly yours, Edward M. Hughes EMHfpf cc: Mayor and Council P.O. Box 2749-403 Butler Avenue, Tybee Island, Georgia 31328 -2749 ( 912) 786.4573 -FAX (912) 786 -5737 www.cityuftybee.org ** 4,* Cetttfied * City of Ethics` 1 1 STATE. OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, fl, r , who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the day ofi , 2002. (2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the L6 of . •` 2002, which was closed for the purpose(s) of . F7 r on r )6 -1 as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 1 1 (5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. This ) day of , 2002. Sworn to and subscribed before me this 13 day of ,1 w , 2002. g: \common\emh114536\affday.02 ayor/Presiding Officer 1 • rigigeart 742' FROM: #PA GES: DATE: CC: Por Review ❑ Please Comment 1 6/17/02 OMMNRCIAL 4PRRAIOREU OMNNIE OAN ]3M RIAN COISIDINE AUL KALUZNE ON L INDNER 0 Please Repty 354-8363 355 -5522 236- 1652. 352 -3424 BILL MCIONALD F3ARLES STEWART IMOTSY WILSON 233 - 601.7 352 -3424 352 - 3424 .SAVANNAIL GEORGIA 31406.