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Home My Public Portal About20021010CCMeeting1 1 @ @ITEM 2002 -10 -10 City Council Minutes Mayor Walter W. Parker called the October 10, 2002 Council meeting to order and thanked Mayor Pro Tem Walter Crawford for taking care of business while he was out with knee surgery. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Manager Bob Thomson and City Attorney Edward Hughes were also present. Council member Richard Barrow gave the invocation. The reciting of the pledge of allegiance followed. Dr. Patricia Stringer, candidate for President of the Board of Education, gave her background as 10 years of a college teacher and 20 years as a computer software owner. Stringer said she will bring a fresh view to the board. Stringer asked the audience for their support in the November election. Council member Jason Buelterman introduce the following members of the newly formed Youth Council: Julia Wilkerson — Johnson High; Jacob Hammer — Johnson High; Patrick Lowe — Benedictine; Carmen Wise — Coastal Middle and Michael Locklear — Bible Baptist. Ashley Ward, Ashley Wilson and Ryan Sadowsky were not able to attend tonight. Buelterman said that this group will meet for the first time at the end of October. Tiffany Dennis, Director of Recreation from the YMCA, gave Council the annual time line on projects and sports. There are 360 membership units — with 633 people. Dennis said everything she is stating is in front of you in a hand out. Parker said Dennis is doing a great job and that we appreciate all her hard work. Jack Boylston invited the Mayor, Council and administrative staff to be guest at the Sea the Symphony on October 26, gates open at 2 P.M., program starts at 3 P.M., and this event will be held in the North beach parking area. Buelterman asked if the city was cleaning up the area for the day. Boylston said he had talked with City Manager Thomson. Mayor Parker told Cecil DeLorme that he did not have to set up and present his request to Council because it is on the consent agenda. Mary Kathryn Moss, representing Mr. & Mrs. Neville of 104 A Butler Avenue, addressed Council on the issue of the Knipes property at 104 B Butler Avenue. Moss said that because of a new ordinance that allows staff and /or the Planning Commission to make a decision on certain variances that this never came before Council the second time. The first time the when the Knipes wanted to move the demolish house and rebuild it 3 feet off the property line, the Council denied their request. Moss said according to your code of ordinances that only Council can grant a variance, there are not any plans in City Hall in which to review the requests, will be putting other property in danger. Moss said that the contractor said that the house would not handle the stress of moving, now he states it is feasible. Moss said that Hughes was trying to explain that when there were problems that it would come before the Planning Commission and City Council. Hughes said that Harold Yellin was present to represent the Knipes. Edith Thomas of 1707 Strand Unit 2 explained to Council about the break in at the condos and that her unit was flooded and nothing is in there since April 30th. Thomas said she met with the City Manager about stopping the water sewer bill and he said that 1 1 only Council could vote to waive the bill. Parker asked Thomson and Hughes to get together and then they will get in touch with Ms. Thomas with an answer. Mayor Parker opened, asked for comments and closed the following public hearings according to State and Municipal Laws. Planning Commission Chair person Dick Smith presented each petition. Smith presented Mr. Greg Chu's petition for site plan approval and a 10 foot front yard variances for # 7 17th Street PIN 4 -8 -6 -5 and Silver Avenue PIN 4- 8 -6 -13. Smith said it is two buildings with 3 units in each and other buildings in the area are in line with the setback request. Smith said the Planning Commission vote was 5 in favor and 2 opposed. Parking and storm water has been addressed. Parker said that area is commercial and not residential. It was noted that the 17th Inn had some issues but after Chu explained they have a letter stating no objections. Smith presented the petition from Michael Sherman, 63 Solomon Avenue PIN 4- 20-4-8 for a 10 -foot rear setback variance. Smith stated that the Planning Commission recommended a 5 -foot setback variance. The vote by the Planning Commission was 7 in favor 1 opposed in favor of the 5 -foot setback. Smith presented a petition from Jay Burke for a 5 -foot side yard setback at # 10 Campbell Avenue PIN 4- 19 -1 -17 stating that the petitioner's brother owns the adjacent property. This variance is for a set of stairs. Youmans questioned that this was just stairs? Smith answered correct. Crawford told Council that Chatham County does not recognize stairs and he does not see a problem. Smith presented the petition from Randall Davis for a minor subdivision of one lot into two at 1307 Butler Avenue PIN 4- 7 -16 -3. Smith said this request meets R -2 regulations. Planning Commission voted unanimously to approve. Mayor Parker opened the meting for business legally presented. Crawford moved to approve the site plan and 10 foot front setback variance for Chu. Burke seconded. Vote by Council was unanimous. Buelterman moved to approve a 5 -foot rear setback variance for Sherman. Youmans seconded. Vote by Council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Crawford moved to approve the 5 -foot setback variance for side yard for Burke. Reynolds 2nd. Vote by Council was 5 in favor (Youmans, Reynolds, Crawford, Buelterman, and Barrow); 1 abstained (Burke). Youmans moved to approve the minor subdivision for Davis. Burke seconded. Vote by council was 5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained (Reynolds). Reynolds moved to accept the consent agenda. Burke seconded. Vote by Council was unanimous. Barrow was out of the room for the vote. Change order for Park of the 7 Flags $52,000; Grant from DCA in the amount of $35,000 — Eric Johnson; Budget adjustment $10,000 from contingencies to Park of the 7 Flags; Cecil DeLorme — Easement — revert clause; Minutes of September 12th with correction to page 1 per Crawford; Drainage project 6th, 7th, 8th to Dowdy in the amount of $315,000 add Memorial Park and 6th — 7th on Miller not to exceed $20,000; Buelterman — Citizen Committee for Boating concern — names to the November meeting for appointment — he and Crawford to co- chair; LOST for information only; DCA Grant for $25,000 for Recreation study — Burke Day; discussed Marlow — lobbyist coastal communities — 1 1 information only — Parker requested Council to look at proposal closely; 2°d Readings — Section 4 -2 -4 Fire — Same Direction & control of members; consent to engage in work; Section 4 -3 -1 Emergency Management Agency; Created; Composition; Voting Status; Section 5 -040 (A) Zoning Text Amendment Administrative Approval of Minor Subdivision (in R -1 District ONLY); Section 2 -1 -11 Regular and Special Meetings; Waste Water Treatment Plant change orders 1, 2 and 4. Attorney Harold Yellin representing the Knipes addressed Council on the issue of the proposed lifting of their home at 104 B Butler Avenue. Yellin gave a summary of the background on this project. Moss said that the only recourse that her clients have is Superior Court. Thomson said the parking ordinance before Council tonight was at the request of the Parking Service Director Frankie Conaway. Section 10 -1 -26 would make the parking fee at the three lots $3.00 in the Months of November, December, January and February. Burke said that this ordinance needs to be thrown out — we should install electronic parking in the lots; remove the meters from 6th Street to 13th Street beach side making the area decal parking only. Parker asked Burke how would the City make up the lost revenue? Burke said by hours - run the lots longer, we are getting flack from the residents. Burke said that we should increase the fee 5 %each year and that the City needs to provide additional parking. Burke said talk to Spirides about land across from Freddie's on Highway 80 — put tourist where they need to be put. Youmans said he agrees that we need more parking places but he is against taking any meter away. Crawford said the Parking Committee has worked for 4 to 5 months, giving us a detailed, itemized list. Crawford said he has reviewed the recommendations — overwhelming statement — don't want to retract parking meters — make money on tourism — but we have an obligation to the citizens to provide a qualify of life in the residential area. Barrow said a professional planner would take parking into consideration. Parker said to ask Conaway for specific area revenues. Burke said that couldn't be done. Youmans said that the city gets about $10,000,000 every 10 years for beach renourishment and it requires that parking to the areas. Burke said that the CORP does require access but we do not have to provide as long as parking is within walking distance. Reynolds said to pass the rate change, and then look at the economic impact. Burke again said that electronic parking is what is needed — signs — South Beach lot is full park in North Beach lot, not enough spaces in summer time — most beaches in Florida are doing away with meters, we need to come into the 21st century. Crawford said a general rule of thumb is access to beach within 1/2 mile and parking within V4 mile, we have more access to the beach — plenty of parking on Butler. Buelterman motioned that before passing the ordinance take the recommendations from the Parking Committee, have Thomson go over, have Conaway go over item by item and have a report to Council for the November meeting. Crawford seconded. Thomson said automated arm for parking is the way to go and need to ad this into the 2003 budget. It was noted that Parking might be on the defensive. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Crawford moved to adopt Section 5 -2 -8 Weeds, grass and other growth on its 1st reading. Youmans and Buelterman seconded. Buelterman asked why the ordinance was deleted in the first place? Parker answered it was Pearce and Youmans actions. Vote by Council was unanimous. 1 1 Thomson gave an update to Council on a meeting held with Greg Fender and Don Johnson concerning the cable; drainage projects — SPLOST allows the City to do more — need to bid for material; budget worksheets are in Council boxes — project some overages — will set workshops. Crawford moved to award the cleaning contract to Wanda and Gene Kendrick. Burke seconded. Vote by Council was unanimous. Crawford asked Thomson if he had had any response from U S Cable about televising Council meetings. Thomason replied no. Thomson informed Council about a trip to Fort Valley to survey their wireless system Youmans moved to advertise the ordinance on substandard lots of record for a public hearing at the November meeting. This is required because of it being an amendment to the Land Development Codes. Reynolds seconded. Smith said that the Planning Commission could hear it on Tuesday night. Buelterman said need to know the increase in density from the Planning Commission. Thomson told Council that Anderson was working on that now and that as of November 1St he will be over the department. Parker told Anderson that we were glad to have him back. Vote by Council was unanimous. Youmans moved to approve the alcohol beverage license for the Blue Crab, Inc. in the name of McPherson. Burke seconded. Vote by Council was unanimous. Youmans said that Tybee did not get the $500,000 grant for the senior complex but that the City has sufficient money to fund the gym plus a kitchen. Youmans said that the Council should make an effort to go to Bryan County and see the gyms in Pembroke and in Richmond Hill. Youmans informed Council that the floor of the gym could also be used for skating. It was decided that Youmans and Thomson would set up a meeting date before the November Council meeting. Burke said that they City pays a very high rate for electricity, and that when he compared it with a lift station in Savannah, he feels that we can get a lower rate. The flat bridge on Highway 80 is having a new pipe installed by DOT. Water rates for rooming houses — they pay a lower rate for sewerage that a resident. Parker asked about a tier system of charging. Burke said if you increased the rates that it would force people to use less water. Crawford asked Council about appointments to the Drainage Task Force in order to keep issues in the forefront. It was agreed upon by Council that Richard Kautzman, Dee Tsoulos, and Eddie Sheppard would serve on this committee. Buelterman announced that the Water Sewer Committee has scheduled to meet on November 4, 2002 at 6 P.M. Sandra Luxenburg addressed Council on her concerns about drainage in her area — 18th Place. Burke said that Council could give the authority to the City Manager with input from Pye to do some small projects with contractor or in house. Hughes requested that any decision on the Ante Litem be put on the November agenda and take no action tonight. Crawford brought up the subject of the Beach Task Force meetings and stated that for the past three months there has not been a quorum. Crawford would like a review of current members because there are important issues that come before this committee. Contact the members to see if they are still interested in serving; Council to check around with citizens and see if any would like to serve. Bring this information to the November 1 1 1 Council meeting. Parker said that we have dedicated people that lobby for the beach and they can make recommendations without having a quorum. Crawford said he would like for them to be a functional group. Youmans said that on most committee that if you miss a certain mount of meetings you can be removed. Buelterman requested a list of the members and a copy of their by -laws. Reynolds move to go into closed sessions to discuss litigation and personnel. Crawford seconded. Vote by Council was unanimous. When Council reconvened Parker recognized Jackie Brown. Brown made Council aware that the retirement committee would like to hold a meeting to discuss options to the retirement ordinance with information provided by GMA. Youmans moved to advance Thomson $1,500. to be paid back in full by the end of this year. Buelterman seconded. Vote by Council was unanimous. Burke requested that Hughes and Fleetwood talk about the proposed swapping of land with the city. Youmans moved to approve the revocable license for Hogan on Rosewood in order to construct a dune cross over. Buelterman seconded. Vote by Council was unanimous. Buelterman said the property on the north side of Highway 80 belong to 4 different people. We need to do what ever it takes to get this property, what are our options. Hughes replied that he could try to see about the options. Barrow said the City was advised to go through DNR. Buelterman asked that this area be included with the government green space program. Barrow said this was recommended by Representative Day. Parker said he will write the State and Federal agencies and elected officials. Hughes said that the Austin's were not willing to sell. Youmans moved to adjourn the meeting Vote by Council was unanimous. Mayor Walter W. Parker 1 I• 019 I A Bell Company Hussey, Gay, Bell & DeYoung, lnc. Consulting Engineers P.O. Box 14247 Savannah, Georgia 31416 1 Contractor's Name & Address: Change Order Sandhill ALS Construction, Inc. RR 1, Box 192HH Hardeeville, SC 29927 Date: June 20, 2002 Job No. Change Order No. One (1) RE: PARK OF THE SEVEN FLAGS TYBEE ISLAND, GEORGIA Description of Work to be Added, Deleted or Substituted: SEE. ATTACHED Justification: Owner requested. Change in scope of work. Revised Completion Date: Original Contract Amount $148,636.00 Total Add/Delete Previous Change Order $ -0- Total Add/Delete This Change Order $ 52,903.70, Revised Contract Amount ... $201,539.70 This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended By: Date: June 20, 2002 Engineer: Hussey, Gay, Bell & DeYoung, Inc. Accepted By: ,�,, .../ Date: 6 2 2 2. aa2_ ruction, Inc. Approved By: .,C� Date: /e. /Q w 0 2- Owner: City of Tybee Island, Georgia SANDHILL A.L.S. .CONSTRUCTION. INC. . . . RR 1 Box 192HH Hardeevilte, Sc 29927 (843)-784-6516 NGB/D Engineer Mr Inman Beasley The city of tybee island Page No of Pages Proposal 0940 "LICENSE NO. DATE 5-9-02 JOB PHONE NO. JOB NAME / NO. Park of the seven flags. JOB LOCATION ybee Island • hereby submit specifications and estimates for: CONCRETE PAVERS 1 Sidewalk-- 60mm lump sum $.24.73.0:10 2 Street.-.7.7..80mm lump sup : • . • Total • • 4 STAMP CONCRETV PANWS 5000 psi concrete i fiber color & sealer •.• • 4" 2 Street 8" lump sum $2d-511-P0 Total $52.311.00 CONCRETE SIDEWALK 4" 1 Sidewalk 4 " Total $11.800.00 .- -- . .. . ,.." Price ibb1il-des-a1I-Matiiil and labor to complete work in Accordance to drawings and specifications . :•:- • ::•'•:;;:f • 1, • nititiO is gUarahleed to cified;',NHOwever. IWO tietirif1Se‘ tOiurniShmalena " .!•1. • r understands irot dye -tot 'variation • - sample Cazpet •k'' • " • • ig r.cill,•arIce.,:gr • tile hade variabons •‘. are not 4 • • • • •• : -• •••• z•••••**, Dieted in a Worlciiiinlike%nuiriner-acCOrdirigia Standard- -:-• • • . . • . . • • L • • • tices: Our installers are .ript.responsible emoving plumbing CodUres;•iernoinng gas iiiiptiantes .or ng doors. - • . • bstacles and brealiables..whict. have not been cleared the work area at the -:.•:."•• • '' Dndilions .of exisfing 'anoldirigS.'cloorS,.jarribs tribrhires, ly damage dual° struCtUra,settAng Or mOveMent..*- . 1 the buyer, may cancel this traniaction..: y time prior to midnight of the thirdi ess day after the date of this trans- : . Cancellation must be done in writing. •• • • . • • • • P,ayment fops made as loilcwit: • • • . • ' • . • • ..• • •• ' . ' • . ; • • • :;■it, • •••••• Authorized Sip-Muni may be iiithdravat torus nal nommen within dais. :eptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outfined above. ne Date SIgnattre4....-2="7"--17— Date.bL,...24121=. RK OF THE :SEVEN FLAGS BEE ISLAND, GEORGIA .ANGE ORDER NO. 1 20, 2002 to the contract: Per Revised Drawings dated 4 -30 -02 1. Concrete Pavers: Sidewalk 60mm LUMP SUM = $24,730.10 Street 80mm LUMP SUM = 16,373.60 SUBTOTAL $41,103.70 2. Concrete sidewalk 4" TOTAL $11,800.00 SUBTOTAL $11,800.00 TOTAL CHANGE ORDER NO. 1 $52,903.70 1 1 1 1 1 yep 24 'U2 11 ;..W r. Ut Grant No. 03- C -L-459 Page 1 of 5 STATE OF GEORGIA. COUNTY OF DESALB STATE OF GEORGIA DEPARTMENT OF COMMUMTY AFFAIRS AGREEMENT FOR GRANTING OF STATE FMS TRS AGREEMENT entered into this let day of July, 2002, by and between the Department of Community Affairs of the State of Georgia thereinafter referred to as the °Department ") and the City of Tybee Island. a political subdivision of the State of Georgia thereinafter referred to as the "Recipient "). WHEREAS, the State of Georgla, desires to promote the health and welfare of its citizens: and WAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of O.C.G.A. §50 -8 -8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scone of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to emceed $35,000 to be used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by reference and made a part of the Agreement. 2. Aecoumtabivaity. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles_ .Any funds not expended for the purposes provided herein shall be returned to the Department, no later than completion of the project. 3. Disbursement of Fields. Subject to the availability of funds for such purpose, the Department shall pay the Recipient in accordance with the following payment schedule: $35.000 Within twenty days of the Depart cent's receipt of the executed Agreement. $35,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreemennt is specified on page one. 1 1 1 Sep 24 'UL 11:4U ti. U5 Grant No. 03- C -L-459 Page 2 of 5 5. Conflicts of Interest, The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. §45 -10-20 through §45 -10 -28 and O.C.G.A. §36-67A-1 through §36 -67A -6 and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Leg ,y Bpi g Aot, The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the a penditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid, ex forceable and legally binding acts of the Recipient. 7 a. Monitoring and Apditipg, Upon request, the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of .Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an. accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees• that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Cert fica Lon Form, The Recipient agrees to comply with the terms and conditions of O.C.G.A. §36- 81 -8.1 with respect to the completion and submission to the State Auditor of a State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. §36- 81 -8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient 8. Open Meetings. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of 'Me 50 of the Official Code of Georgia Annotated. 9. No A men or Pa,ctaex_sbin. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Ierminatiom. The Department may terminate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 1 1 1 bC�J L4 U_ 11.4U r . u4 Grant No. 03- G7.459 Page 3 of 5 11. WhigacjigAL In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a. timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a), One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words• of the Constitution, "No money shall ever be taken from the public treasury. directly or indirectly, in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Geri. Attar Gen. No. U88 -6. (c). The words of this prohibition have their ordinary meanings. In Berutetz, the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect ". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. 'Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. a, tire Mreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendteent or modification of this Agreement shall be binding unless both parties have agreed to said modification In writing. (Executions on following page] 1 1 1 Sep LEI LIZ 11.41 r.uo Grant No. 03- C-1i459 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by the City of Tybee Island for construction of a pedestrian park inn the City of Tybee island • If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient vrith a substantial benefit. • To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. • It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. 1 1 1 Grant No. 03-C-L-459 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT Federal Employers ID Number• 58 -1a 006 (p40 1 Attachments: t/chibit A, "Scope of Services' FOR THE DEPARTMENT OF COMMUNITY AFFAIRS Laura J. Meadows, Commissioner HUSSEY, GAY, BELL & DEYOUNG, INC. CON U. TINE E_NCNEI R` September 23, 2002 Mr. Bob Thomson City Manager City of Tybee Island P.O. Box 2739 Tybee Island, Georgia 31328 RE: 6TH STREET, 7TH STREET AND BUTLER AVENUE DRAINAGE IMPROVEMENTS Dear Bob: ESTABLISHED 1958 A Bell Company On September 19, 2002 bids were received for the above referenced project as follows: Dowdy Construction Company Sandhill ALS Construction, Inc. APAC - Georgia, Inc. $315,723.10 $346,640.00 $399,901.32 As indicated, the low bid was submitted by Dowdy Construction Company. It is recommended they be awarded a contract in the amount of $315,723.10.The successful bidder has the resources to successfully prosecute the work. Also enclosed are three (3) copies of the Abstract of Bids for your use. Sincerely, INMAN BEASLEY MANAGER- CONSTRUCTION DIVISION IB /nal Enclosures Cc: Bill Lovett w /enclosure 329 COMMERCIAL DRIVE (31406) • P.O. BOX 14247 • SAVANNAH, GEORGIA 31416 -1247 • TELEPHONE 912.354.4626 • FACSIMILE 912.354.6754 kit 1 '14 www.hgbd.com ABSTRACT OF BIDS 6TH STREET, 7TH STREET AND BUTLER NUE DRAINAGE IMPROVEMENTS -TYBEE ISLAND, GEORGIA ITEM NO. DESCRIPTION 1. Traffic control 2. Drop inlet, Ga Std 1019A, Type A 3. Drop inlet, Ga Std 1019B, Type V -1 4. Storm manhole, Ga Std 1011A 5. Curb inlet, Ga Std 1033D 6. Grate inlets 7. Standard manhole 8. Interference manhole 9. Flared end section (24 ") 10. Flared end section (36 ") 11. 15" RCP 12. 18" RCP 13. 24" RCP 14. 30" RCP 15. 36" RCP 16. Remove and replace asphalt pavement 17. Remove and replace concrete sidewalk (5' wide) 18. Remove and replace concrete driveway Remove and replace curb and gutter Adjust water lines Remove and reset parking meter Remove bushes, trees & shrubs 23. Relocate telephone pedestal 24. Remove and reset sign 25. Remove drainage inlet 26. Remove storm drain pipe 27. Silt fence -Type B 28. Silt fence -Type C 29. Grassing 30. Riprap 31. 18" Ductile iron sewer pipe TOTAL ALL WORK 1 BID BOND I certify that this is a correct Abstract of Bids rece ed September 1.,2002. ESTIMATED QUANTITY DOWDY CONSTR. COMPANY RHINE, GEORGIA Bids Received: September 19, 2002 SANDHILL ASL CONSTRUCTION, INC. HARDEEVILLE, SC APAC- GEORGIA, INC. SAVANNAH, GA UNIT TOTAL UNIT TOTAL UNIT TOTAL PRICE ALL WORK PRICE ALL WORK PRICE ALL WORK LUMP SUM $ 10,800.00 $ 15,000.00 $ 49,100.00 1 EA $ 1,500.00 $ 1,500.00 $ 2,000.00 $ 2,000.00 $ 2,050.00 $ 2,050.00 3 EA $ 1,700.00 $ 5,100.00 $ 2,000.00 $ 6,000.00 $ 1,910.00 $ 5,730.00 6 EA $ 1,800.00 $ 10,800.00 $ 1,800.00 $ 10,800.00 $ 1,770.00 $ 10,620.00 1 EA $ 2,200.00 $ 2,200.00 $ 2,000.00 $ 2,000.00 $ 1,580.00 $ 1,580.00 10 EA $ 1,450.00 $ 14,500.00 $ 1,800.00 $ 18,000.00 $ 1,580.00 $ 15,800.00 2 EA $ 1,475.00 $ 2,950.00 $ 1,800.00 $ 3,600.00 $ 1,770.00 $ 3,540.00 1 EA $ 1,900.00 $ 1,900.00 $ 1,800.00 $ 1,800.00 $ 1,770.00 $ 1,770.00 6 EA $ 420.00 $ 2,520.00 $ 500.00 $ 3,000.00 $ 665.00 $ 3,990.00 2 EA $ 580.00 $ 1,160.00 $ 600.00 $ 1,200.00 $ 790.00 $ 1,580.00 40 LF $ 25.95 $ 1,038.00 $ 20.00 $ 800.00 $ 28.71 $ 1,148.40 672 LF $ 27.55 $ 18,513.60 $ 25.00 $ 16,800.00 $ 29.34 $ 19,716.48 606 LF $ 39.00 $ 23,634.00 $ 35.00 $ 21,210.00 $ 36.27 $ 21,979.62 1008 LF $ 47.00 $ 47,376.00 $ 50.00 $ 50,400.00 $ 42.03 $ 42,366.24 1472 LF $ 49.50 $ 72,864.00 $ 65.00 $ 95,680.00 $ 48.64 $ 71,598.08 1050 SY $ 23.00 $ 24,150.00 $ 32.00 $ 33,600.00 $ 53.00 $ 55,650.00 IN N BEASLEY HUSSEY, GAY, BELL & DeYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA 1 490 LF $ 10.00 $ 4,900.00 $ 15.00 $ 7,350.00 $ 18.50 $ 9,065.00 105 SY $ 36.00 $ 3,780.00 $ 40.00 $ 4,200.00. $ 38.00 $ 3,990.00 100 LF $ 15.00 $ 1,500.00 $ 12.00 $ 1,200.00 $ 20.10 $ 2,010.00 10 EA $ 950.00 $ 9,500.00 $ 1,800.00 $ 18,000.00 $ 735.00 $ 7,350.00 8 EA $ 350.00 $ 2,800.00 $ 200.00 $ 1,600.00 $ 158.00 $ 1,264.00 20 EA $ 125.00 $ 2,500.00 $ 100.00 $ 2,000.00 $ 345.00 $ 6,900.00 1 EA $ 12,500.00 $ 12,500.00 $ 4,000.00 $ 4,000.00 $ 525.00 $ 525.00 10 EA $ 300.00 $ 3,000.00 $ 100.00 $ 1,000.00 $ 210.00 $ 2,100.00 19 EA $ 500.00 $ 9,500.00 $ 200.00 $ 3,800.00 $ 495.00 $ 9,405.00 2550 LF $ 5.50 $ 14,025.00 $ 5.00 $ 12,750.00 $ 11.75 $ 29,962.50 1800 LF $ 2.50 $ 4,500.00 $ 2.50 $ 4,500.00 $ 1.60 $ 2,880.00 130 LF $ 4.50 $ 585.00 $ 2.50 $ 325.00 $ 3.70 $ 481.00 2750 SY $ 0.45 $ 1,237.50 $ 0.50 $ 1,375.00 $ 0.60 $ 1,650.00 45 SY $ 42.00 $ 1,890.00 $ 50.00 $ 2,250.00 $ 80.00 $ 3,600.00 20 LF $ 125.00 $ 2,500.00 $ 20.00 $ 400.00 $ 525.00 $ 10,500.00 $ 315,723.10 $ 346,640.00 $ 399,901.32 5% 5% 5% ABSTRACT OF BIDS 6TH STREET, 7TH STREET AND BUTLER UE DRAINAGE IMPROVEMENTS -TYBEE ISLAND, GEORGIA ITEM NO. DESCRIPTION 1. Traffic control 2. Drop inlet, Ga Std 1019A, Type A 3. Drop inlet, Ga Std 1019B, Type V -1 4. Storm manhole, Ga Std 1011A 5. Curb inlet, Ga Std 1033D 6. Grate inlets 7. Standard manhole 8. Interference manhole 9. Flared end section (24 ") 10. Flared end section (36 ") 11. 15" RCP 12. 18" RCP 13. 24" RCP 14. 30" RCP 15. 36" RCP 16. Remove and replace asphalt pavement 17. Remove and replace concrete sidewalk (5' wide) 18. Remove and replace concrete driveway JRemove and replace curb and gutter Adjust water lines Remove and reset parking meter Remove bushes, trees & shrubs 23. Relocate telephone pedestal 24. Remove and reset sign 25. Remove drainage inlet 26. Remove storm drain pipe 27. Silt fence -Type B 28. Silt fence -Type C 29. Grassing 30. Riprap 31. 18" Ductile iron sewer pipe TOTAL ALL WORK BID BOND I certify that this is a correct Abstract of Bids recea ed September 1.,2002. Bids Received: September 19, 2002 DOWDY CONSTR. SANDHILL ASL COMPANY CONSTRUCTION, INC. APAC- GEORGIA, INC. RHINE, GEORGIA HARDEEVILLE, SC SAVANNAH, GA ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTAL QUANTITY PRICE ALL WORK PRICE ALL WORK PRICE ALL WORK LUMP SUM $ 10,800.00 $ 15,000.00 $ 49,100.00 1 EA $ 1,500.00 $ 1,500.00 $ 2,000.00 $ 2,000.00 $ 2,050.00 $ 2,050.00 3 EA $ 1,700.00 $ 5,100.00 $ 2,000.00 $ 6,000.00 $ 1,910.00 $ 5,730.00 6 EA $ 1,800.00 $ 10,800.00 $ 1,800.00 $ 10,800.00 $ 1,770.00 $ 10,620.00 1 EA $ 2,200.00 $ 2,200.00 $ 2,000.00 $ 2,000.00 $ 1,580.00 $ 1,580.00 10 EA $ 1,450.00 $ 14,500.00 $ 1,800.00 $ 18,000.00 $ 1,580.00 $ 15,800.00 2 EA $ 1,475.00 $ 2,950.00 $ 1,800.00 $ 3,600.00 $ 1,770.00 $ 3,540.00 1 EA $ 1,900.00 $ 1,900.00 $ 1,800.00 $ 1,800.00 $ 1,770.00 $ 1,770.00 6 EA $ 420.00 $ 2,520.00 $ 500.00 $ 3,000.00 $ 665.00 $ 3,990.00 2 EA $ 580.00 $ 1,160.00 $ 600.00 $ 1,200.00 $ 790.00 $ 1,580.00 40 LF $ 25.95 $ 1,038.00 $ 20.00 $ 800.00 $ 28.71 $ 1,148.40 672 LF $ 27.55 $ 18,513.60 $ 25.00 $ 16,800.00 $ 29.34 $ 19,716.48 606 LF $ 39.00 $ 23,634.00 $ 35.00 $ 21,210.00 $ 36.27 $ 21,979.62 1008 LF $ 47.00 $ 47,376.00 $ 50.00 $ 50,400.00 $ 42.03 $ 42,366.24 1472 LF $ 49.50 $ 72,864.00 $ 65.00 $ 95,680.00 $ 48.64 $ 71,598.08 1050 SY $ 23.00 $ 24,150.00 $ 32.00 $ 33,600.00 $ 53.00 $ 55,650.00 IN BEASLEY HUSSEY, GAY, BELL & DeYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA 1 490 LF $ 10.00 $ 4,900.00 $ 15.00 $ 7,350.00 $ 18.50 $ 9,065.00 105 SY $ 36.00 $ 3,780.00 $ 40.00 $ 4,200.00'. $ 38.00 $ 3,990.00 100 LF $ 15.00 $ 1,500.00 $ 12.00 $ 1,200.00 $ 20.10 $ 2,010.00 10 EA $ 950.00 $ 9,500.00 $ 1,800.00 $ 18,000.00 $ 735.00 $ 7,350.00 8 EA $ 350.00 $ 2,800.00 $ 200.00 $ 1,600.00 $ 158.00 $ 1,264.00 20 EA $ 125.00 $ 2,500.00 $ 100.00 $ 2,000.00 $ 345.00 $ 6,900.00 1 EA $ 12,500.00 $ 12,500.00 $ 4,000.00 $ 4,000.00 $ 525.00 $ 525.00 10 EA $ 300.00 $ 3,000.00 $ 100.00 $ 1,000.00 $ 210.00 $ 2,100.00 19 EA $ 500.00 $ 9,500.00 $ 200.00 $ 3,800.00 $ 495.00 $ 9,405.00 2550 LF $ 5.50 $ 14,025.00 $ 5.00 $ 12,750.00 $ 11.75 $ 29,962.50 1800 LF $ 2.50 $ 4,500.00 $ 2.50 $ 4,500.00 $ 1.60 $ 2,880.00 130 LF $ 4.50 $ 585.00 $ 2.50 $ 325.00 $ 3.70 $ 481.00 2750 SY $ 0.45 $ 1,237.50 $ 0.50 $ 1,375.00 $ 0.60 $ 1,650.00 45 SY $ 42.00 $ 1,890.00 $ 50.00 $ 2,250.00 $ 80.00 $ 3,600.00 20 LF $ 125.00 $ 2,500.00 $ 20.00 $ 400.00 $ 525.00 $ 10,500.00 $ 315,723.10 $ 346,640.00 $ 399,901.32 5% 5% 5% ABSTRACT OF BIDS 6TH STREET, 7TH STREET AND BUTLER NUE DRAINAGE IMPROVEMENTS TYBEE ISLAND, GEORGIA ITEM NO. DESCRIPTION 1. Traffic control 2. Drop inlet, Ga Std 1019A, Type A 3. Drop inlet, Ga Std 1019B, Type V -1 4. Storm manhole, Ga Std 1011A 5. Curb inlet, Ga Std 1033D 6. Grate inlets 7. Standard manhole 8. Interference manhole 9. Flared end section (24 ") 10. Flared end section (36 ") 11. 15" RCP 12. 18" RCP 13. 24" RCP 14. 30" RCP 15. 36" RCP 16. Remove and replace asphalt pavement 17. Remove and replace concrete sidewalk (5' wide) 18. Remove and replace concrete driveway JRemove and replace curb and gutter Adjust water lines Remove and reset parking meter Remove bushes, trees & shrubs 23. Relocate telephone pedestal 24. Remove and reset sign 25. Remove drainage inlet 26. Remove storm drain pipe 27. Silt fence -Type B 28. Silt fence -Type C 29. Grassing 30. Riprap 31. 18" Ductile iron sewer pipe TOTAL ALL WORK BID BOND I certify that this is a correct Abstract of Bids rece ed September 1 2002. Bids Received: September 19, 2002 DOWDY CONSTR. SANDHILL ASL COMPANY CONSTRUCTION, INC. APAC- GEORGIA, INC. RHINE, GEORGIA HARDEEVILLE, SC SAVANNAH, GA ESTIMATED UNIT TOTAL UNIT TOTAL UNIT TOTAL QUANTITY PRICE ALL WORK PRICE ALL WORK PRICE ALL WORK LUMP SUM $ 10,800.00 $ 15,000.00 $ 49,100.00 1 EA $ 1,500.00 $ 1,500.00 $ 2,000.00 $ 2,000.00 $ 2,050.00 $ 2,050.00 3 EA $ 1,700.00 $ 5,100.00 $ 2,000.00 $ 6,000.00 $ 1,910.00 $ 5,730.00 6 EA $ 1,800.00 $ 10,800.00 $ 1,800.00 $ 10,800.00 $ 1,770.00 $ 10,620.00 1 EA $ 2,200.00 $ 2,200.00 $ 2,000.00 $ 2,000.00 $ 1,580.00 $ 1,580.00 10 EA $ 1,450.00 $ 14,500.00 $ 1,800.00 $ 18,000.00 $ 1,580.00 $ 15,800.00 2 EA $ 1,475.00 $ 2,950.00 $ 1,800.00 $ 3,600.00 $ 1,770.00 $ 3,540.00 1 EA $ 1,900.00 $ 1,900.00 $ 1,800.00 $ 1,800.00 $ 1,770.00 $ 1,770.00 6 EA $ 420.00 $ 2,520.00 $ 500.00 $ 3,000.00 $ 665.00 $ 3,990.00 2 EA $ 580.00 $ 1,160.00 $ 600.00 $ 1,200.00 $ 790.00 $ 1,580.00 40 LF $ 25.95 $ 1,038.00 $ 20.00 $ 800.00 $ 28.71 $ 1,148.40 672 LF $ 27.55 $ 18,513.60 $ 25.00 $ 16,800.00 $ 29.34 $ 19,716.48 606 LF $ 39.00 $ 23,634.00 $ 35.00 $ 21,210.00 $ 36.27 $ 21,979.62 1008 LF $ 47.00 $ 47,376.00 $ 50.00 $ 50,400.00 $ 42.03 $ 42,366.24 1472 LF $ 49.50 $ 72,864.00 $ 65.00 $ 95,680.00 $ 48.64 $ 71,598.08 1050 SY $ 23.00 $ 24,150.00 $ 32.00 $ 33,600.00 $ 53.00 $ 55,650.00 IN BEASLEY HUSSEY, GAY, BELL & DeYOUNG, INC. CONSULTING ENGINEERS SAVANNAH, GEORGIA 1 490 LF $ 10.00 $ 4,900.00 $ 15.00 $ 7,350.00 $ 18.50 $ 9,065.00 105 SY $ 36.00 $ 3,780.00 $ 40.00 $ 4,200.00' $ 38.00 $ 3,990.00 100 LF $ 15.00 $ 1,500.00 $ 12.00 $ 1,200.00 $ 20.10 $ 2,010.00 10 EA $ 950.00 $ 9,500.00 $ 1,800.00 $ 18,000.00 $ 735.00 $ 7,350.00 8 EA $ 350.00 $ 2,800.00 $ 200.00 $ 1,600.00 $ 158.00 $ 1,264.00 20 EA $ 125.00 $ 2,500.00 $ 100.00 $ 2,000.00 $ 345.00 $ 6,900.00 1 EA $ 12,500.00 $ 12,500.00 $ 4,000.00 $ 4,000.00 $ 525.00 $ 525.00 10 EA $ 300.00 $ 3,000.00 $ 100.00 $ 1,000.00 $ 210.00 $ 2,100.00 19 EA $ 500.00 $ 9,500.00 $ 200.00 $ 3,800.00 $ 495.00 $ 9,405.00 2550 LF $ 5.50 $ 14,025.00 $ 5.00 $ 12,750.00 $ 11.75 $ 29,962.50 1800 LF $ 2.50 $ 4,500.00 $ 2.50 $ 4,500.00 $ 1.60 $ 2,880.00 130 LF $ 4.50 $ 585.00 $ 2.50 $ 325.00 $ 3.70 $ 481.00 2750 SY $ 0.45 $ 1,237.50 $ 0.50 $ 1,375.00 $ 0.60 $ 1,650.00 45 SY $ 42.00 $ 1,890.00 $ 50.00 $ 2,250.00 $ 80.00 $ 3,600.00 20 LF $ 125.00 $ 2,500.00 $ 20.00 $ 400.00 $ 525.00 $ 10,500.00 $ 315,723.10 $ 346,640.00 $ 399,901.32 5% 5% 5% 1 1 Sep 24 '02 11 :42 P..07 Grant No. 03- C -L-460 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ANT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this day of-July, 2002, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department ") and the City of Tybee Island, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient "). WESICEAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of O.C.G.A- §50 -8 -8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is 'a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE, in consideration. of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project,, The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $25,000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Ace. untability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be returned to the Department, no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $25.000 Within twenty days of the Department's receipt of the executed Agreement. 825,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. 1 1 1 Sep "24 '02 11 :42 P. Cliff Grant No. 03- C•L -4e0 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the of.ctals, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to. O.C.G.A. §45.10 -20 through §45 -10 -28 and O.C.G.A. g36 -67A -1 through $36 -67A -6 and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally Binding Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient 7 a. Monitoring a.ud Auditing. Upon request, the Recipient agrees to provide the Department with any information, documents and /or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form The Recipient agrees to comply with the terms and conditions of O.C.G.A. @36- 81 -8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O. C.G.A. $36- 81 -8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient 8. Jaen li�Ie.11Mig„ The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No Agency or Fartuershiip. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Terax>eivatioat. The Department may terminate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 1 1 ocp t4 4JL 11.4Q Grant No. 03- C -L-460 Page 3 of 6 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient (1) has failed to comply with the terms of this Agreement in a timely manner, (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const.. Art. 1, Sec. 11, Par. VII. (b) . The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett u. City of LaGroinge. 153 Ga. 423 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Atty Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings - in Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . 'The term 'church' is one of very comprehensive sigzication, and imports an organization for religious purposes, for the public worship of God." 153 Gay, at 433. "Sect ". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship. or behavioral* pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings- It is a "comprehensive signification." 153 Ga. at 433. (d). Witbout limiting any other provision of this 'grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. .sire Agreement. This Agreement constitutes the entire agreement among and between the parties, There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following p 1 1 Grant No. 03- C- -460 Sep 24 '02 11:44 P.10 Page 4 of 5 iN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT Mayor Federal Employers ID Number. S6"- oloo6.6 Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNITY AFFAIRS. Laura J. Meadows. Commissioner 1 1 ....)CF 4'4 Va_ d1 •44.4 r. 11 Grant No. 03- C-L460 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by the City of Tybee Island for a Tybee Island Recreation Feasibility Study. • If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient 'a/1th a substantial benefit • To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers irdght be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. • It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of Compliance or prevent the State from asserting noncompliance. 1 1 4 -2-4 Same- Direction and control of members 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, Title4 Public Safety Chapter 2 Fire Prevention and Protection, Section 4 Same- Direction and control of members; consent to engage in work, be amended to read as follows: Section 1. Section 4-2 -4 is hereby amended to read as follows 4-2 -4 Same - Direction and control of members; consent to engage in work. All persons volunteering for service in the fire department or engaged in the work of the department shall be under the sole direction and control of the Fire Chief during the period of that work or service, except that the absence of a member at two (2) consecutive meetings of the department shall " be grounds for his removal by the governing body. No person is to engage or do any work of the department without the consent of the chief, and no person is to become a member of the department without his having been approved by the City Manager. The chief will be appointed by the City Manager. (1997 -25; 5/1/97) 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 day of , 2002 Mayor Walter W. Parker 1st Reading: 2nd Reading: Enacted: lb-M-02- Page 1 of 1 1 1 1 4 -3 -1 Emergency Management 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 4 Public Safety, Chapter 3 Emergency Management, Section 1 Emergency Management Agency; Created; Composition; Voting Status, be amended to read as follows: Section 1. Section 4-3 -1 is hereby amended to read as follows 4-3 -1 Emergency Management Agency; Created; Composition; Voting Status The Emergency Management Agency is hereby created and is composed of the members as follows: the Mayor or in his/her absence, the Mayor Pro -Tem or other designated representative as Director. The - Fire Chicf -and Police Chiof The 'O%; fi g =r as Deputy Directors. The other members are the City ryyi Nas � w � r ice Chief and the head of Public Works and the Water Sewer Departments and one record's Administrator as appointed by the Director. (Ord. 1994 -3: 2/10/94)(Ord.1994 -26: 10/13/94)(1997 -29; 5/1/97) 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 day of , 2002 Mayor Walter W. Parker a)7431-.--c1-) ity Cle) st Reading: 2nd Reading: Enacted: ,p - 1 c> ` v Page 1 of 1 1 1 1 AMENDMENT TO ORDINANCE § It is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section so as to provide as follows: ADMINISTRATIVE APPROVAL OF MINOR SUBDIVISIONS Where an application is made for a minor subdivision of property the application may be approved by staff upon the following conditions: 1. The property abuts directly upon an open street and no street or private drive serving more than two lots is to be created, 2. No variance is required or requested, 3. If the staff request and is provided with a drainage plan which is approved by the city engineers and is thereafter implemented in accordance with the plan, 4. All appropriate details and restrictions are entered on the plat to be recorded, 5. "As built" drawings or certifications will be provided for the installation of any infrastructure for drainage, utilities or structures. 6. Infrastructure improvements are in place or appropriate bonds are posted in amounts specified for the infrastructure and the plat shall not be recorded until such requirements are met, 7. In the event the applicant has no present plans to construct on the property, an appropriate statement shall appear upon the plat to that effect that required infrastructure and drainage requirements must be met prior to the issuance of a building permit on any lot in the subdivision and that there will be compliance with the Storm Water Management Ordinance except to the extent the requirements of that Ordinance may be inconsistent, with this section. 1 1 8. If the staff of the Building and Zoning Department finds that the request needs or should have additional review for any reason, it may request review by the Planning Commission and if the request is approved or rejected by the Planning Commission then the Planning Commission's determination shall control. For purposes of this section, a public hearing before the Planning Commission shall not be necessary. If the staff of the Building and Zoning Department declines an applicant's request the applicant may apply for the granting of a subdivision which will follow the procedures applicable to minor subdivisions in general specifically, those procedures described in Title 8, Article 5, Section 140, as well as the public hearing requirements referred to in Title 8, Article 5, Section 060. In the event the staff request review by the Planning Commission and the Planning Commission rejects the request, the applicant may apply for the granting of a subdivision and follow the procedures applicable to such request before the Mayor and Council. ADOPTED THIS 10 DAY OF 0 CT , 2002. MAYOR ATTEST: 1 FIRST READING: SECOND READING: ENACTED: )O /ioto 2- G:\ COMMON\ EMH \14536\ORDINAN\OZ \STAFFAPP.ORD 1 1 Prior to the adoption of Ord. 1999 -17 on 06/15/1999, Section 2 -1 -11 read as follows. Regular meetings of the mayor and council will be held on the second and fourth Thursday of each month at 7:30 p.m. in the City_ Hall, except for the months of . November and December when there will only be one meeting on the 2nd Thursday of such month. Public Hearings under the Land Development Code shall ordinarily be scheduled for the first meeting of each month, however, special meetings, including any public hearings under the Land Development Code, may be held as provided by Section 100 -2 -19 of the City Charter. (Ord. No. 2 -1982, 8- 11 -82; Ord. No. 1 -1984, 1- 11-84; Ord. No. 16 -1984, 12 -6 -84) (Ord. 97 -112: 9/15/97)(1998 -17; 7/23/98)(1999 -05; 4/8/99)(ORD. 1999 -17; 6/10/99) 1 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: September 24, 2001 Job No. Change Order No. ONE Re: TYBEE ISLAND WWTP Description of Work to be Added, Deleted or Substituted: SEE ATTAHED Justification: Change in Scope of Work Revised Completion Date: Original Contract Amount $2,324,999.00 Total Add Previous Change Order $ -0- Total Add This Change Order $ 51,221.00 Revised Contract Amount $2,376,220.00 This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended By: �'y-� Date: September 24, 2001 E gineer Hussey, Gay, Bell & DeYoung, Inc. Accepted By: �. ?'-,.,.i-L- Date: 9° 24-0 1 Con or: AquaSo th truction, Inc. Approved B : / ° .�Fi, �� o�, . . 7 Date: _ 7067e PP Y '4210/ Owner: City of Tybee land, Georgia 1 TYBEE ISLAND WWTP CHANGE ORDER NO. 1 October 18, 2001 Justification: Change in Scope of Work — Additions and changes to WWTP requested by Tybee Island. 1 1 1 TYBEE ISLAND WWTP CHANGE ORDER NO. 1 SEPTEMBER 24, 2001 ITEM ESTIMATED TOTAL NO. DESCRIPTION QUANTITY PRICE 1. Provide and install 8" plug valve on RAS Discharge JOB LS $ 975.00 2. Provide aluminum doors in RAS Building JOB LS 2,525.00 3. Provide additional 9' trench drain at Belt Press Building JOB LS 1,856.00 4. Provide additional 12' trench drain at Belt Press Building JOB LS 2,475.00 5. Additional pile testing (PDA) JOB LS 4,850.00 6. Extend operator platform at Belt Press JOB LS 2,450.00 7. Install new 3'- 4 "x6' -0" aluminum window At RAS Building JOB LS 2,585.00 8. Replace existing booster pump at Belt Press JOB LS 2,156.00 9. Modify existing horizontal belt conveyor JOB LS 7,257.00 10. BFP control panel and VFD modifications JOB LS 1,616,00 11. Install new hollow metal door at existing Control building JOB LS 1,181.00 12. Install exhaust fan and louvers at RAS Bldg. JOB LS 3,820.00 13. Install 4" magnetic flow meter at BFP feed JOB LS 8,912.00 14. Install VFD's for AE pumps JOB LS 5,181.00 15. Add 48" x 48" access hatch & relocate duct - Work at existing control building JOB LS 1,632.00 16. Add 12" flap check valve to BFP drain At aeration tank JOB LS 1,750.00 TOTAL ALL WORK $51,221.00 1 [6119 A Bell Company Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers P.O. Box 14247 Savannah, Georgia 31416 1 1 Contractor's Name & Address: Change Order AquaSouth Construction, Inc. P.O. Box 747 Pooler, Georgia 31322 Date: January 11, 2002 Job No. Change Order No. Two (2) RE: TYBEE ISLAND WASTEWATER TREATMENT PLANT Description of Work to be Added, Deleted or Substituted: Emergency repairs to Aeration Basin. See attached. Justification: Requested by the Owner. Revised Completion Date: Original Contract Amount $2,324,999.00 Total Add Previous Change Order $ 51,221.00 Total Add This Change Order $ 192,440.00 Revised Contract Amount $2,568,660.00 This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended By: Accepted By: Approved By: ey, Gay, Bell & DeYoung, Inc. Contractor` quaSouth Construction, Inc. Harold. Walker, President Owner: City of Tybee Island, Georgia Date: January 11, 2002 Date: 1 /14/02 Date /// VA, 2-. EE ISLAND WASTEWATER ATMENT PLANT HANGE ORDER NO. 2 anuary 11, 2002 ADD the following to the contract: 1. Dewater and Clean Aeration Tank 2. Demolition 3. Tank Repairs 4. Bypass Pumping (Maintain Plant Operation) TOTAL CHANGE ORDER NO. 2 1 LUMP SUM LUMP SUM LUMP SUM LUMP SUM $ 21,240.00 $ 17,900.00 $ 86,600.00 $ 66,700.00 $192,440.00 JAN -CJi' y a. 1 1 ;:ley I- KUM: uaSouth January 2, 2002 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 Re; Tybee Island WWTP Proposed Change Order No. 02 Aeration Tank Repairs Dear Inman: 1 U • 71C JJ-t O 1 J-t r • wJ. • uuL. Harold J. Walker. President Robot K. Beck, Vice President 0 anaer A Wade D. Woodriag, Senior Project Enclosed for your review please find our revised cost breakdown for the aeration tank repairs at the Tybee Island WWfP. As a result of our recent meeting and•subsequent discussions concerning this matter, we have modified our proposal as follows: • o Eliminated well point dewatering as it was conveyed to us that the tank is not in danger of floating when drained o Eliminated the allowance for grit removal and disposal. Should the City want to remove any grit from the tank, we will remove the grit and place it in containers that will be provided by the City. The City will then be responsible for all transportation and disposal costs. o Revised the cost for administration, equipment and small tools that was previously carried as a line item in our initial cost estimate. These costs have now been apportioned within the remaining work items o Provided for the repair of the existing five sluice gates and fabrication and installation of one new sluice gate Revised Cost Breakdown — Aeration Tank Repairs 1. Dewater and Clean Aeration Tank $21,240.00 This item includes transfer of the mixed liquor from the tank and cleaning the tank to provide a safe work area. 2. Demolition $17,900.00 This item includes demolition and disposal of the existing block wall and asbestos curtain, removal of aeration equipment, demolition of existing bollards, and removal of existing sluice gates. 3. Tank repairs $86,600.00 This item includes new precast concrete baffle wall with supports, new stainless steel aerator guides, reinstallation of existing mechanical aerators, and repair of five existing sluice gates, and fabrication and installation of one new sluice gate P.O.. Eoz 747 • 124 Eason Drive • Pooler, Georgia 31322 Tcl. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail ®aquasouth.com nnv = G11 JRN -02 -2002 15:09 FROM: 1 1 iu■Vtc JJ-? 01..rn (2) 4. Bypass Pumping (Maintain Plant Operation) $66,700.00 This item includes all necessary temporary bypass - pumping and temporary aeration operations so that the aeration tank can be taken out of service. We have discussed the proposed operation of the plant with Mike Gibbon and Bob Whelchel. All are in agreement that one of the new clarifiers must be tumed into a temporary aeration basin while the repair work is being performed. Our proposal includes the cost of all temporary facilities. Total Cost $192,440.00 Please call me if you have any questions or require any additional information. Thank you. Very truly Yours, aquaSouth Construction Inc, William C. Dabbing Project Manager TAN- R2 -2MR7 1 S: 77 97% r.vv�•vvu. P.02 1 1 uaSouth CONSTRUCTION, .I -NC. January 29, 2002 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 Re; Tybee Island WVVTP — Change Order No. 02 Aeration Tank Repairs - Plan of Operation Dear Inman: Harold J. Walker, President Robert K. Beck, Vice President Operations Wade D. Woodring, Senior Project Manager Enclosed for your review please find six (6) copies of our revised Plan of Operation for the aeration tank repairs. These modifications were in response to comments by Bob Whelchel and Jennifer Ginner of your office. In summary, the additions to the original plan are as follows: o We have added the flow rates for the 15 hp and 35 hp submersible pumps o Flow control valves will be installed on all temporary pump discharge piping o We have acquired two 15 hp floating aerators for placement in the existing clarifiers o We have included 24 / 7 manned operation during the course of the work Please contact us if you have any questions or require any additional information. Very truly yours, aquaSouth Construction Inc. William C. Dobbing Project Manager P.O. Box 747 • 124 Eason Drive • Pooler, Georgia 31322 Tel. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail @aquasouth.com 116T-17) k7.1 1 City of Tybee Island, Georgia Repairs to Existing Aeration Tank Plan of Operation / Work Sequence Background aquaSouth Construction has been requested by the City of Tybee Island to perform certain repairs to the existing aeration tank at the wastewater treatment facility. The work will be performed with the aeration tank out of service. NPDES Permit levels of treatment will be maintained by utilizing the existing clarifiers as contact tanks and temporarily converting one of the new clarifiers to an aeration basin. The second new clarifier will be put on line to treat aerated effluent from the temporary aeration basin. The effluent will de disinfected using the existing chlorination facilities. Upon completion of the aeration tank repairs (approximately two weeks), the plant will return to normal operation. Temporary Facilities o Install temporary 15 hp (400 gpm) submersible pumps and float switches in existing clarifiers. Check valves and gate /plug valves will be installed on all temporary discharge piping o Construct temporary bypass on 20" aerated effluent line o Install temporary 15 hp aerators in existing clarifiers (additional 10 hp aerators will be available to supplement the 15 hp's should additional aeration capacity be required) o Construct temporary raw sewage influent line from existing influent line to existing splitter box o Install temporary 35 hp (1500 gpm) submersible pump and float switches in new Clarifier No. 2 o Install two temporary 25 hp aerators in new Clarifier No. 2 o Plug Clarifier No. 2 16" effluent line 1 1 • (2) Plan of Operation The raw sewage flow (approximately 0.5 mgd or 350 gpm) will be diverted from the existing influent line to the existing splitter box and flow into the existing clarifiers that have been turned into aerated contact tanks. Aerated effluent from these tanks will be pumped to new Clarifier No. 2, which will serve as a temporary aeration tank. The 35 hp submersible pump in Clarifier No. 2 will pump aerated effluent into the splitter box inlet to new Clarifier No. 1. Sludge will be retumed to the existing clarifiers (contact tanks) from Clarifier No. 1 through the new Moyno pumps and the new 8" waste sludge line at the rate of approximately 1000 gpm. There will be no wasting of sludge during the aeration tank repair operations. Clarified effluent will be discharged into the new 20" effluent line and flow through the UV and parshall flume structures and the existing chlorine contact tank. Chlorine will be used for disinfection as the new UV system will not be functional at this time. The City of Tybee Island will perform NPDES monitoring. Contingency Plan The following steps will be taken to ensure that adequate treatment is provided during the aeration tank repairs: o Additional backup pumps will be on site to ensure continuous operation o The aeration tank repairs will be staged in such a manner as to permit immediate reactivation of the tank in the event of an emergency o The plant will have 24 hour / seven day attendance while this work is being performed 1 1 • 1 • (3) Work Sequence Repairs to the aeration tank will be performed in such a manner as to provide the ability to reactivate the tank in the event of an emergency. The proposed work sequence is as follows: o Dewater and clean tank o Remove grit (if required) o Remove easterly aerators (2), install new stainless steel guide poles and hardware, reinstall aerators o Install flap gate on 12" BFP discharge line o Remove westerly aerators (2) o Remove and dispose of existing wall o Install refurbished slide gates o Install new wall o Install new stainless steel guide poles for westerly aerators o Reinstall westerly aerators o Put tank on line 1 1 A Hell Company Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers P.O. Box 14247 Savannah, Georgia 31416 Change Order Contractor's Name & Address: AquaSouth Construction, Inc. P.O. Box 747 Pooler, Georgia 31322 Date: June 13, 2002 Job No. Change Order No. Four (4) RE: TYBEE ISLAND WASTEWATER TREATMENT PLANT Description of Work to be Added, Deleted or Substituted: SEE ATTACHED Justification: Extra work requested by Tybee and Summary as -built quantities. Revised Completion Date: Original Contract Amount $2,324,999.00 Total Add Previous Change Order $ 265,733.00 Total Add This Change Order $ 33,944.00 Revised Contract Amount $2,624,676.00 This change order amends above referenced contract and is subject to all terms and conditions stated in original contract. Recommended By: ate: June 13, 2002 ssey, Gay, Bell & Young, Inc. Accepted By: Date: Con actor: AquaSouth Constructio Inc. Approved By: Date 67/340 0-#52., Owner: City of Tybee Island, Georgia 1 uaSouth May 29, 2002 Mr. Inman Beasley Hussey, Gay, Bell & DeYoung, Inc. P.O. Box 14247 Savannah, Georgia 31416 Harold J. Walker, President . Robert K. Beck, Vice President Operations Wade D. Woodring, Senior Project Manager Re; Tybee Island WWTP — Proposed Summary Change Order No. 04 Dear Inman: In accordance with our conversation of today, here is a list of the items that are to be included in the summary change order for the Tybee Island project. Proposed Summary Change Order No. 04 o Additional 216 vertical feet of pile @ $11.25 $2,430.00 o 20' x 54' concrete slab at dewatering building $6,800.00 o Entry slab at drying bed $3,000.00 o Additional control work (J.K. Duren Company)** $4,245.00 o Additional electrical work (Rabey Electric)*** $14,669.00 o Roof @ AE Pump Station $2.800.00 Total $33,944.00 ** Please refer to our letter to you dated February 14, 2002 ***Please refer to our letter to you dated May 10, 2002 Please call me if you have any questions or require any additional information. Thank you. Respectfully submitted, aquaSouth Construction Inc. William C. Dobbing Project Manager P.O. Box 747 • 124 Eason Drive • Pooler, Georgia 31322 Tel. (912) 965 -1250 • Fax (912) 965 -1044 Email: mail @aquasouth.com 1 1 Bids for Cleaning City Hall The bids are all to Specs give to bidders. This was posted on Internet for 30 days Jims Home Improvement $900.00 a month for City hall Has business license and liability insurance Elvina Serapio $720.00 a month for City Hall $730.00 a month for City Hall and Auditorium Has business license and liability insurance Gene and Wanda Kendrick $425.00 a month for City Hall and Auditorium Has business license and liability insurance Islands Cleaning Service $600.16 a month for City Hall Has business license no insurance Ueamng Service Specs Page 1 of 1 CLEANING SERVICE NEEOEb Tybee Island City Hall is actively seeking a Cleaning Service to perform the following functions: 2 cleanings a week - Preferably Tuesday and Thursdays Between the hours of 4:30 P.M. and 6 P.M or before 7 A.M. Vacuum, mop areas that are not carpeted, dust desk areas, cabinets, blinds, baseboards, empty trash carts, coffee room, public restrooms, clean glass front door. You furnish the supplies needed. Twice a year - shampoo the carpets. Wash down baseboards and wash the windows. Please submit your bid /quote to Bob Thomson, City Manager. http: / /www.cityofiybee.org/ Cleaning %20Service %20Specs.htm 10/8/2002 1 1 STATE OF GEORGIA ) AGREEMENT COUNTY OF CHATHAM ) This is to confirm that Bob Thomson may receive a $1,500.00 advance on his salary to be repaid no later than December 31, 2002. This "advance" is in lieu of paying other expenses to or for Bob Thomson and is not a gratuity but rather, must be repaid by December 31, 2002. Should the employment relationship between Bob Thomson and the City of Tybee Island terminate for any reason prior to repayment in full, the balance remaining owed as of the date of termination shall be paid to the City of Tybee Island within seven (7) days of the effective date of termination unless otherwise agreed by the parties. This Is day of ben, , 2002. Agreed To: Bob Thomson alter Parker, Mayor City of Tybee Island 1 1 1 AGREEMENT Whereas, City of Tybee Island owns a right -of -way known as Rosewood Avenue which is unopened and which has previously been dedicated as a natural greenspace area and subject to a conservation easement and subject to an easement in individuals for access to the sand beach; and Whereas, a natural trail is also a part of the unopened right -of -way of Rosewood Avenue; and Whereas, in order for the public and the easement holders to receive the best use of the nature trail and to enjoy the conservation area in general, a dune crossover structure :located at the eastern end of the Rosewood Avenue right -of -way is advisable; and Whereas, Hogan, et al., at their own expense, have agreed to construct a dune crossover in accordance with plans approved by the City; and Whereas, the City has agreed to provide the license agreement attached hereto in consideration for Hogan, et al. constructing the dune crossover. Now therefore, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Hogan, et al. are permitted construct in accordance with plans approved by the City a dune crossover structure on the generally eastern end of the Rosewood right -of- way extending onto the sand beach. The construction of the crossover shall be the obligation of the Hogan, et al., and shall be subject to the express terms of the license agreement attached hereto. 1 2. At all times during and after the construction of the dune crossover, the crossover shall be open to members of the public and no signs or devices shall restrict public access thereto. €44- 3. All maintenance of the crossover shall be the responsibility) of ty of Ty4 Isjcu ATTEST: Eric Hogan (or Homeowner's As(ociat on City of Tybee Island 1 1 1 REVOCABLE LICENSE /INDEMNIFICATION AGREEMENT The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia to construct a structure for the purpose of erosion control and protection of certain waterfront, marsh, or dune property located within said City limits since a portion of the proposed project may encroach upon the sand beaches or marshes within the City limits of said Municipality. The undersigned understands and acknowledges that the issuance of such a permit does not relieve the applicant of any obligation to obtain additional authorization from the State of Georgia or any other regulatory authorities. The undersigned applicant further recognizes and agrees that the license granted by the City does not confer upon the undersigned applicant any rights, title, estate or interest in said licensed premises; nor does this license agreement confer :upon the undersigned applicant a license coupled with an interest or easement. This license merely gives the undersigned applicant a revocable privilege, it being expressly understood and agreed that, regardless of any improvements or investments made, expense and harm incurred or encountered by the undersigned applicant, this agreement shall be subject to revocation, cancellation or termination and in case of such event, this license shall be null and void. The undersigned shall indemnify and save City of Tybee Island harmless from any and all liability, loss, cost, damage or other expense arising or claimed to arise as a result of the granting of this license or the improvements contemplated or made hereunder either to the undersigned applicant or to the person or property of others including without limitation any liability, loss, cost, damage, or other expense arising from or alleged to arise from the concurrent negligence of the City and any other party, the contributory negligence of the City and any third party; provided, however, that nothing contained in this provision shall be interpreted to indemnify or hold harmless the City against liability for damages arising out of bodily injuries to persons or damage to property caused by or resulting from the sole negligence or wilful! misconduct of the City. Without limiting the foregoing indemnity, the undersigned applicant shall indemnify the City including its agents, employees, and elected officials 1 1 for all defense cost, including reasonable attorney's fees, and amounts paid in settlement. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with the : project unless and until this license is executed by the City and a copy of the same is filed with the Clerk of Council and all other necessary permits are secured and filed with the Clerk of Council. This 2.5 day of Seffiem.Jer , 2002. ric ogan or the corr Homeowners Associa The City of Tybee Island hereby grants the above revocable license for a structure or improvement not coupled with an interest as provided in the above request z' is \t, to (location) Approved in open meeting this 1la day of (c - , 2002. ATTEST: 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, / 11-i-7 +{. a..k�t2. - , 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 10 day of O . t' , 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 v) of Cxt. , 2002, which was closed for the purpose(s) of 1.6,4 4 6 r ■sl 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 (0 day of C)a. , 2002. Sworn to and subscribed before me this ►® day of 0c ir , 2002. g: \common \emh114536\afIday.02 Mayor/Presiding Officer