Council Docket 12 14

CITY OF NEWPORTDOCKET OF THE COUNCIL MEETING

DECEMBER 14, 2011

The following items of business, filed with the City Clerk under the Rules of theCouncil, will come before the Council at its regular meeting to be held onDecember 14,2011, at 6:30 p.m.

PLEDGE OFALLEGIANCE TO THE FLAG

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen'sForum period shall be no longer than fifteen minutes and citizens may address theCouncil on one subject only and for no longer than three minutes. Issues to bediscussed shall not include matters to be considered or discussed as part ofthe regularcouncil agenda and must be related to substantive city business. No commentsregarding personnel or job performance are allowed.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

a. Minutes ofthe November 9,2011, Council Meeting (Approve)

b. Special Event Licenses:

1) Newport Art Museum, d/b/a Winter Lecture Series, 76 BellevueAve.; Jan. 7, 14,21,28; Feb. 4, 11, 18 and 25, 2012, from 2:00 p.m.to 3:30 p.m.

2) Friends of Ballard Park, d/b/a t h Annual Illuminated Garden,Ballard Park Quarry Meadow; Feb. 24 and 25,2012, from 6:00 p.m.

It is the practice of the Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. Thepublic is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newportwebsite: www.cityofnewport.com- ..CurrentNewportCityNews & Announcements" - Click on "MORE NEWS."Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD oftheCouncil Meeting will be available at the Newport Public Library within 48 hours of the meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THENEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPONNOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCEOF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUSTNOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.

DOCKET OF THE COUNCILDecember 14, 2011Page 2

to 9:00 p.m. Request for waiver of the parking closing hour(Approve)

3) Newport Public Education Foundation, d/b/a Run forEducationIMother's Day 5K; beginning and ending at Rogers HighSchool, May 12,2012, from 7:00 a.m. to 12 Noon (route attached)

4) Newport Lions Club, d/b/a Newport Lions Club Presents TheRockwell Amusements Family Carnival; Easton's Beach, May 9and 10,2012, from 6:00 p.m. to 10:00 p.m.; May 11,2012, from3:00 p.m. to 11:00 p.m.; May 12 and 13,2012, from Noon to 11:00p.m.

c. Catering License, Renewal, Spark Restaurant & Catering, 12Broadway.

d. Holiday Selling License, New, Candace Sherman, d/b/a C. L. Sherman'sGallery, 1 Bellevue Ave.

e. Arcade License, Renewal, O'Brien Music Co., Inc, d/b/a Ryan FamilyAmusements, 268 Thames St.

f. Pool Table License, Renewal, Hillside & Cappy, Inc., d/b/a Hillside &Cappy's, 8 Memorial Blvd.

g. Pool Table (1) License and Mechanical Amusement Device License (1),Renewals, Fastnet, Inc., d/b/a The Fastnet, 1-3 Broadway.

h. Pool TablelMechanical Amusement Device Licenses, Renewals, NewportMusic Co., Inc. (87 machines at 27 locations):

A-I Pizza (video)Billy Goode's Gukebox)Brick Alley Pub (video)Busker's (2 juke boxes)Cafe 200 (2 darts; 4 pool tables; 2 videos; 1 jukeboxCeltica Gukebox, dart, pool table, video)Colonial Tavern (dart, jukebox, video)Downtown Athletic Club Gukebox, pool table)Elk's Lodge, 104 Pelham St.,jukebox, videoGriswold's (dart,jukebox, pool table, (2) video

DOCKET OF THE COUNCILDecember 14,2011Page 3

Hillside Cafe (jukebox, foosball)Irish American Club (jukebox, pool table, pinball, video)Jimmy's Saloon (dart,jukebox, pinball, (2) pool tables, (4) videoNewport Blue's Cafe (Pool table; video)Newport Grand (dart, pinball, video, jukebox, 2 pool tables)Newport Harbor Hotel (pool table)Newport Sportsman Club (pool table, dart, jukebox)Nikolas Pizza (video, jukebox)O'Brien's Pub (pool table, arcade,jukebox, shuffle alley, video)One Pelham East (2 pool tables, jukebox, video)Pannini Grill (pinball)Pizza Hut (crane, jukebox)Pour Judgment (jukebox)Rhino Bar (pool table jukebox, dart, pinball, 2 video)Salas Restaurant (2 jukeboxes, dart, pool table)Star Bar (jukebox, video, (2) pool tablesYesterday's (jukebox)

1. Victualing License, Renewals:1) Ash Mart, Inc., d/b/a Ash Mart, 2 Carroll Ave.2) Tsunami Enterprises, LLC, d/b/a Sushi-Go, 215 Goddard Row

J. Resignation of Patrick D. Shea from the Juvenile Hearing Board (Receivewith regret)

k. Communication from Finance Director Laura Sitrin transmitting theActuarial Valuation Reports for the Police Pension System and FirePension System (Receive)

1. Communications in opposition to the City's acceptance of the NewportRestoration Foundation Plan for Queen Anne Square:1) Kyle F. Hence2) Anne DuBose Joslin3) Andrew Segal4) Mary Shepard5) Gigi Tollefson

m. Annual Reports: (Receive)1) Ad Hoc Committee on Wastewater and Storm Water System

Improvements2) Canvassing Authority


3) Waterfront Commission

n. Claims: (Receive and refer to City Solicitor)1. Brian R Cunha, Esq.2. Richard P. D'Addario, Esq.3. Denise Drapeau4. Martha Marie Grogan5. Edward F. Kearney, by attorney6. Long Wharf Seafood, Inc.7. Gavin C. Mathews, by attorney8. Connie V. Mathias, by attorney9. Josephine Stein, by attorney10. Bruce C. Weller

LICENSES & PERMITS

2. Application ofFarahnaz Shobeiri, d/b/a Genie's Hookah Lounge and TraditionalMiddle Eastern Tea House, to expand her Annual Entertainment License(currently limited to background music) to include traditional Middle Easternband, belly dancers, poetry readings, movies and dancing. (Second Hearing)

3. Application for a Second-hand License, New, Mint, LLC, d/b/a Mini Wish, 94William St. (Hearing)

4. Application for a Victualing License, New, T C Meats Newport, LLC, d/b/aSchroder's, 66 Broadway

5. Application of Leinster, Inc. (d/b/a to be determined) for a Victualing License at150-154 Broadway, first floor (in conjunction with the transfer of the liquorlicense of Tucker's Bistro, Inc.) .

6. Application ofN.A.J. Associates, LLC, d/b/a The Pier Restaurant, for aVictualing License at 1 West Howard Wharf and outdoor patios on the north andwest sides of the building (in conjunction with the transfer ofthe liquor licenseof The Pier of Newport, LLC).

COMMUNICATIONS AND PETITIONS

7. Communication from Marion Oates Charles, President, Doris Duke MonumentFoundation, requesting consideration ofthe Foundation's offer to configureQueen Anne Square with a design by Maya Lin and Edwina VonGal, with

DOCKET OF THE COUNCILDecember 14,2011PageS

accompanying Agreement between the City of Newport and Foundation.(Referenced Plans are on file in the City Clerk's Office for review)

• Memorandum from the City Manager, re: Queen Anne Square Proposal(Staff Comments)

• Resolution approving the Agreement between the City and the Doris DukeMonument Foundation for Rehabilitation and Modification to Queen AnneSquare and Maintenance Thereof.

8. Communication from Michael H. Walsh, 7 Hall Ave., transmitting petitions III

support of the redesign of Queen Anne Square.

9. APPOINTMENTS TO BOARDS AND COMMISSION

Energy & Environment Commission (1 vacancy) - Applicant: Toni Ciany

RESOLUTIONS

10. Honoring Edward F. Lavallee upon his retirement from city employment - CityCouncil

11. Establishing an Economic Development Working Group - N. Neville, S. Waluk,H. Winthrop, C. Duncan, Jeanne-Marie Napolitano

12. Imposing a moratorium on the installation of wind turbines in the City ofNewport - S. Waluk

13. Employment Agreement with Jane Howington for the position of City Manager- City Council

14. Partnering with the "Real Park for Real Newport" (RPfRN) for Queen AnneSquare Improvements - C. Duncan

15. Schedule of Council Meetings in 2012.


ORDINANCES

16. Approving the Financing ofImprovements to the Newport Water System,including, but not limited to, the construction and equipping of a new treatmentplant, demolition ofthe existing treatment plant, and construction oflong-term

capital improvements to a second water treatment plant, and all attendantexpenses, and approving the issuance of Water Revenue Bonds and Notestherefor in an amount not to exceed $85,000,000. (Second Reading)

17. Amending the following Sections of Title 17 of the Codified Ordinances,entitled, "Zoning": Section 17.08.010, "Definitions"; Section 17.04.050,"General Requirements"; and creating a new Chapter 17.86, "Demolition ofStructures." -- Requested by Councilor Neville; Receive and Refer to thePlanning Board.

COMMUNICATIONS FROM THE CITY MANAGER

18. Communication #4918/11, re: Bid Award for Parking Meter Management andParking Meter Rate Change (with accompanying resolution and ordinance;continued from November 9, 2011)

• Memorandum from the City Manager transmitting the Parking MeterAgreement.

19. Communication #4924/11, re: Certified Local Government Grant Application(with accompanying resolution)

20. Communication #4925/11, re: Bid Award for (3) Aluminum Sectional GarageDoors for Easton's Beach Rotunda Building (with accompanying resolution)

21. Communication #4526/11, re: Bid Award for New HVAC Units at Easton'sBeach Rotunda (with accompanying resolution)

22. Communication #4527/11, re: Rl League of Cities & Towns MunicipalAggregate Energy Supply Electricity Contract (with accompanying resolution)

23. Communication #4528/11, re: Regional Expenditure of Remaining 20009Assistance to Firefighters Grant Funds - Fire Prevention Education Equipment(with accompanying resolution)


24. Communication #4529/11, re: Request for 24-hour Residential (Sticker) Parkingon School Street, between Church and Mary Streets (with accompanyingordinance)

25. Communication #4530/11, re: Purchase and Sale Agreement for Carey SchoolProperty (with accompanying resolution)

26. Communication # 4531/11, re: Broadway Streetscape Conceptual DesignEndorsement (with accompanying resolution)

27. Communication #4532/11, re: Gutter Replacement Project at the Harbor Center(Newport Armory) (with accompanying resolution)

28. Communication #4533/11, re: Transfer ofFunds -- Amendment of Contract forRoadway Repairs at Waite's Wharf (with accompanying resolution)

29. Communication #4534/11, re: Supplemental Agreement to Historic PavingProgram for Additional Sidewalk Repair Locations (with accompanyingresolution)

30. Communication #4535/11, re: Supplemental Agreement to 2011SidewalkRestoration Program (with accompanying resolution)

31. Communication # 4536/11, re: Waste Management Transfer Station UseAgreement (with accompanying resolution)

32. Communication # 4537/11, re: Extension of Contract with COMPLUS forParking Ticket Management (with accompanying resolution)

ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSECOMMISSIONERS


BOARD OF LICENSE COMMISSIONERS

1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETYUNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTEDSUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

• Communication from O'Charley's, Inc., d/b/a 99 Restaurant, 199 ConnellHighway, re: Change in Officers (Receive and make part of tbeir record)

LICENSES & PERMITS

2. Application ofForty 10 North, LLC, d/b/a 41 0 North, holder of a Class BTalcoholic beverage license, through its sole members, Peter M. Borden andGeorge W. Moore, to transfer 100% of the membership interest in Forty 10

North, LLC to 802 Partners, LLC , whose members are Dorrance H. Hamilton(97%)and PGEM, LLC (3%), whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing)

• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness ofBehanBros., Inc., in the amount of$I,619,502.39.

3. Application of Forty 10 North, LLC, d/b/a 41 0 North, holder of a Class BHalcoholic beverage license, through its sole members, Peter M. Borden andGeorge W. Moore, to transfer 100% ofthe membership interest in Forty 10

North, LLC to 802 Partners, LLC , whose members are Dorrance H. Hamilton(97%)and PGEM, LLC (3%), whose sole members are Peter M. Borden andGeorge W. Moore. (Hearing)

• Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of BehanBros., Inc., in the amount of $1,619,502.39.

4. Application of Tucker's Bistro, Inc., d/b/a Tucker's Bistro, 150-154 Broadway,first floor and sidewalk cafe, to transfer its Class BV alcoholic beverage licenseto Leinster, Inc. (Chelynn Sheehan, sole stockholder, d/b/a to be determined, forthe same premises. (Hearing)


5. Application of The Pier ofNewport, LLC, d/b/a The Pier, 1 West HowardWharf, and outdoor patios on the north and west sides of the building, to transferits Class BV alcoholic beverage license to N.AJ. Associates, LLC (VincentSandonato, sole stockholder) for the same premises. (Hearing)

ADJOURN

Kathleen M. SilviaCity Clerk

December 7, 2011

CITY OF NEWPORTMINUTES OF THE COUNCIL MEETING

HELD NOVEMBER 9, 2011

The following items of business, filed with the City Clerk under the Rules of the Couucil, camebefore the Council at its regular meeting held on November 9, 2011.

The Mayor called the meeting to order at 6:30 p.m.

The City Clerk called the roll and the following members were present:

NAOMI NEVILLESTEPHEN C. WALUK, MAYORHENRY F. WINTHROP

2)

5)

3)

4)

6)

g.

d.

f.

c.

h.

e.

CHARLES Y. DUNCANKATHRYNE.LEONARDJUSTIN S. MC LAUGHLINJEANNE-MARIE NAPOLITANO

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCILREMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #3180 AND #98-40.)

a. Minutes of the Oct. 12 and 26, 2011, Couucil Meetingsb. Special Event Licenses:

1) Christmas in Newport, Inc., d/b/a Christmas in Newport; December 1 - 31,2011, at various locations (calendar attached)Cluny School Parents Club, d/b/a Sisters of St. Joseph of Cluuy School WreathSale; 438 Thames St., December 2,2011, from 3:00 p.m. to 5:00 p.m.;December 3 and 4,2011, from 10:00 a.m. to 2:00 p.m.St. Augustin Church, d/b/a St. Augustin Christmas Bazaar; St. AugustinChurch, 2 Eastnor Rd., December 3, 2011, from 10:00 a.m. to 3:00 p.m.Martha T. Cummings, President, Universal Promise, d/b/a Dinner and MusicFuudraiser; Thames Street Kitchen, 677 Thames St., December 4,2011, from6:30 p.m. to 11 :30 p.m.Women's & Infants Hospital, d/b/a 28th Christmas Ruu /Walk; December 11,2011, from 7:00 a.m. to 12 Noon, beginning and ending at Rogers High School(route attached)Emmanuel Church, d/b/a St Petersburg Men's Ensemble; Emmanuel Church,42 Dearborn St., December 11,2011, from 7:00 p.m. to 9:30 p.m.

Daily Entertaimnent License, Ancient Order of Hibernians, 2 Wellington Ave.;November 11, 2011, from 6:00 p.m. to 12 Midnight.Holiday Selling License, New, Art of Ireland, LLC, d/b/a Art of Ireland, 22 FranklinSt.Pedicab License (Business), Renewal, Andrew Croan, d/b/a Pedi-Power Pedicabs,Waite's Wharf (6 pedicabs)Pedicab License (Business), Renewal, Newport Pedicab, LLC, Waite's Wharf (6pedicabs)Victualing License, Renewal, Bellevue Coffee House, Inc., d/b/a Annie's, 176Bellevue Ave.Resignation of Gregory P. Yalanis from the Zoning Board of Review (Receive withregret)

MINUTES OF THE COUNCIL MEETING. HELD NOVEMBER 9,2011

Page 2

i. REMOVED: Communication from Hank Kniskern, Chair, Waterfront Commission,J. Communication from Trudy Coxe, CEO & Exec. Director, The Preservation Society of

Newport County, in support of the Newport Restoration Foundation's plan for QueenAnne Square. (Receive)

k. REMOVED: Communication from Lawrence Cutler, President/CEOI. CRMC Notice of intent to change management plans, policies, procedures and

regulations. (Receive)m. Claim ofNeyda Dejesus, by attorney (Receive and refer to City Solicitor)

COUNCILOR MC LAUGHLIN moved the Consent Calendar, with the exception of Items i and k, beadopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

I. Communication from Hank Kniskern, Chair, Waterfront Commission, re:Recommendation for improvements to the King Park stone pier dinghy docksinclusion in the 2012-13 City Budget

COUNCLOR LEONARD stated the proposal of the Waterfront Commission was a good idea andasked if there were a cost analysis and funds in the Capital Improvement Program (CIP) for theproject. CITY MANAGER EDWARD LAVALLEE responded that the only cost estimate is thatprovided in the letter from Mr. Kniskern. He said funds in the CIP do not identify the stone pier andno funds are directed towards King Park; however, when the slated projects are completed anyremaining funds could possibly be directed towards the stone pier.

COUNCILOR LEONARD moved the communication be received. Seconded by COUNCILOR MCLAUGHLIN and VOTED UNANIMOUSLY.

b. Communication from Lawrence Cutler, President/CEO, National Museum of AmericanIllustration, opposing the NRF plan for Queen Anne Square

Comments by LAWRENCE CUTLER, 492 Bellevue Ave., wherein he read from a preparedstatement in opposition to the proposed Newport Restoration Foundation plan designed by Maya Linfor Queen Anne Square. He noted that Newport has sought recognition as a UNESCO WorldHeritage Site Designation, which recognizes a city whose outstanding values are preserved for futuregenerations, and said the Queen Anne Square proposal does not meet the criteria. He also said he didnot believe the $500,000 endowment for maintenance of the park would be sufficient.

Comments by DONALD TOFIAS, 79 Dixon St., wherein he stated he holds a degree in Art Historyfrom Cornell University and he considered the NRF proposal an attack on Newport. He said thatwhile Mya Lin should be commended for her design of the Viet Nam Memorial, her plan for QueenAnne Square fails to recognize an historic area. He urged the Council to rej ect the plan and insteadhave the park spruced up and a monument to Doris Duke installed.

Comments by ANDREW SEGAL, 24 Mill St., wherein he said the City is not required to accept thegift of the NRF. He noted that the park is in the Historic District and questioned if proposed changesare required to go before the Historic District Commission as are the surrounding properties. Hesaid he has not read any positive articles on the proposal and he hoped that when the plans aresubmitted there would be ample time for public review and a workshop.

MINUTES OF THE COUNCIL MEETINGHELD NOVEMBER 9,201 IPage 3

Comments by MICHAEL WALSH, 7 Hall Ave., who said the Newport Restoration Foundation haspresented Newport with a fantastic opportunity as Maya Lyn will be working with the foremostlandscape architect in the field. He said change is vital to a community and the proposal should beaccepted.

ELIZABETH MEYER, 28 Church St., asked when the Council would vote on the matter. MAYORWALUK responded he couldn't answer because the proposal and plans have not yet been received,although he believed the NRF was aiming for the December 14, 2011, council meeting. He said that,once received, the proposal and plans would be available to the public.

Comments by JUDY CUTLER, 492 Bellevue Ave., who completed Lawrence Cutler's writtenstatement, which pointed out that no details of the plan and budget have been provided, and it is afiction to call the Lin proposal a monument.

Comments by DALE CLARKE, 398 Thames St., who cited the 1979 map plan for Queen AnneSquare, revised in 1981 (#10-10-20) in the Land Evidence Office, and cited parcels five and seven ascomprising the park known as Queen Ann Square.

Comments by MS. FRANKIE HUTTON, 6 Holten Ave., who noted that the Mayor said the proposalmight be before the Council for a vote on December 14th, which would be unfair as the citizens wouldnot have ample time to review the plans.

COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

LICENSES & PERMITS

2. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge and Traditional MiddleEastem Tea House, to expand her Annual Entertainment License (currently limited tobackground music) to include traditional Middle Eastem band, belly dancers, poetry readings,movies and dancing. (First Hearing)

DONNA MC CARTHY, 45 William St., said she had been unaware of the proposal and did notbelieve the neighborhood would support the expansion. MAYOR WALUK responded that a secondhearing on the proposed expansion would be held on December 14th

.

COUNCILOR MC LAUGHLIN moved the hearing be closed and the license approved on firsthearing. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

3. Application for a Victualing License, New, Amanda M. Bryan, d/b/a The Newport SweetShoppe, 82 William St.

MAYOR WALUK moved the license be approved. Seconded by COUNCILOR WINTHROP andVOTED UNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD NOVEMBER 9, 201 1Page 4

COMMUNICATIONS & PETITIONS

4. Communication from Sidney Long asking to address the Council regarding the NewportRestoration Foundation's proposal for Queen Arme Square.

MS. SIDNEY LONG, 18 Rhode Island Ave., spoke in opposition to the NRF plan. She said sheloved the blooming of the cherry trees in spring and the roses in the fall in Queen Anne Square, whichwould be removed under the NFR plan. In conclusion, she sang a ballad she wrote on the proposedchanges to the park.

COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILORWINTHROP and VOTED UNANIMOUSLY.

APPOINTMENTS TO BOARDS AND COMMISSION

5. MAYOR WALUK moved Lynn Ceglie be appointed a full member of the Zoning Board ofReview. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

MAYOR WALUK moved Rebecca MacSweeney be reappointed Chair of the Zoning Boardof Review. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

RESOLUTIONS

6. In support of Comprehensive Statewide Pension Reform - J. McLaughlin, H. Winthrop, K.Leonard, J. Napolitano, N. Neville, C. Duncan

MAYOR WALUK recused himself and left the dais.

COUNCILOR MC LAUGHLIN read the resolution and moved for its adoption. Seconded byCOUNCILOR WINTHROP.

COUNCILOR NAPOLITANO pointed out that the pension reform would not include private pensionplans, such as Newport police and fire pensions; however, that could change in the future. She saidshe hoped the municipal employees understand the need for the pension reform and commended theGeneral Treasurer for bringing it forward.

Comments by FRANK LANDRY, 59 Friendship St., President, Local 911, Council 94 AFSCME,who asked how many Council Members had read the legislation, and said it would be politicalmalpractice to support a bill they haven't read. He said the 108 employees he represents, which henoted have not had a contract since June 30, 2009, did not cause the problem with the state pension;they made their payments into the system, which included extra payments for cost-of-livingincreases, and retirees, especially those on the lower end, would suffer hardships without the COLA.He urged the Council to, before voting on the resolution, read the 124-page bill, which he said givesunbelievable power to the State Treasurer, General Assembly, and the Governor, and subrogatescollective bargaining.

MINUTES OF THE COUNCIL MEETINGHELD NOVEMBER 9,201 IPageS

COUNCILOR WINTHROP responded that the Council is not voting on the language in the bill buton the need for pension reform because of the concern that there will be no pension system in thefuture without reform now. COUNCILOR LEONARD agreed. COUNCILOR NAPOLITANOcommented that five years ago an actuary advised the City that the promise (for future benefits)needed to be changed, and projected numbers for the pension costs next year, without reform, willstrangle the cities and towns.

COUNCILOR MC LAUGHLIN thanked Mr. Landry for his comments, and said that the State isacknowledging it can't deliver on its pension promises because ofthe funding problems. He notedthat the City ofNewport has met its annual payment requirements; however, in 2010, $19 million ofthe City's $61 million budget, or 31 %, went to pensions and post employment benefits.

The motion to approve was VOTED UNANIMOUSLY (6-0).

7. Welcoming Spring with Daffodils - C. Duncan, S. Waluk, N. Neville, J. Napolitano, J.McLaughlin, K. Leonard, H. Winthrop

COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded byCOUNCILOR MC LAUGHLIN.

COUNCILOR MC LAUGHLIN said those who plant all the daffodils around the City should also berecognized.

The motion to adopt was VOTED UNANIMOUSLY.

8. Requesting the City Administration to provide a report to the Council regarding potential usesof future excessed elementary school properties - 1. Napolitano, H. Winthrop, C. Duncan, K.Leonard, N. Neville, J. McLaughlin, S. Waluk

COUNCILOR NAPOLITANO introduced the resolution and moved for its adoption. Seconded byCOUNCILOR WINTHROP and VOTED UNANIMOUSLY,

COMMUNICATIONS FROM THE CITY MANAGER

9. Communication #4916/11, re: Aquidneck Island Land Trust Conservation EasementsCoggeshall School (2 parcels) and Bailey's Brook Land Parcel (continued from Oct. 26, 2011)-- Memorandum from the City Manager, re: Proposed Easements

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP.

COUNCILOR NAPOLITANO spoke in support of protecting the open space and playground area atCoggeshall School for the neighborhood children. COUNCILOR LEONARD said she supportedopen space but questioned the safety of children if fences are prohibited. CITY MANAGERLAVALLEE responded that abutting properties are not prohibited from having fences. TEDCLEMENT, Executive Director, Aquidneck Island Land Trust, cited provisions of the agreement andsaid the City would, in fact, be allowed to install fences.


COUNCILOR LEONARD next questioned if the City would be required to pay taxes on theeasement for the Bailey's Brook land parcel. CITY MANAGER LAVALLEE responded that it is theCity's intention to apply to the Town of Middletown for a tax reduction, noting that the value oftheproperty would be diminished because of the easement.

MR. CLEMENT referred back to the Coggeshall School property and noted that no other public parkis nearby for the children and with the perpetual easement on Lots 39 and 50 the City would continueto own the land.

AUDREY GRIMES, Newport Tree and Open Space Commission, applauded the Council and said the<;;ommission unanimously supports the easement.

The motion to approve was VOTED UNANIMOUSLY.

10. Communication #4917/11, re: Utility Line Installation - Pell School Project (continued fromOct. 26, 2011)

COUNCILOR MC LAUGHLIN moved the communication be continued to the January 11,2012,council meeting. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY,

11. Communication #4918/11, re: Bid Award for Parking Meter Management and Parking MeterRate Change (with accompanying resolution and ordinance)

COUNCILOR MC LAUGHLIN m~ved the communication be continued to the December 14,2011,council meeting. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY

12. Communication #4919/11, re: Financing for Water Treatment Plant Improvements

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution and ordinance adopted. Seconded by COUNCILOR WINTHROP,

COUNCILOR M LAUGHLIN pointed out that the $85 million expense is the total cost for all theimprovements. In response to questions from COUNCILOR NEVILLE, UTILITIES DIRECTORJULIA FORGUE said there would be multi-year rate increases. She said the parties in the rateincrease proposal before the PUC have come to agreement and are now awaiting the Commission'sapproval. COUNCILOR LEONARD, noting that the exorbitant cost falls on those who use citywater, expressed displeasure at the lack of funding from Congress and said a meeting should be heldwith the City's Congressional Delegation to seek out ways to fund mandated projects.


13. Communication #4920/11, re: Bid Award for Water Division Valve Box Maintenance Trailer

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD NOVEMBER 9,2011Page 7

14. Communication #4921/11, re: RIDEM Recreation Acquisition and Development GrantApplication


COUNCILOR LEONARD asked if the City's required match was in the budget. CITY MANAGERLAVALLEE responded that it was.


15. Communication #4922/11, re: Ocean Avenue Seawall Construction Inspection ServicesContract Change Order

COUNCILOR MC LAUGHLIN moved the communication be received and the accompanyingresolution adopted. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

16. Communication #4923/45, re: Bid Award for Rental and Cleaning of Portable Restrooms


17. Memorandum from the City Manager, re: Summary of Current PUC Rate Filing

MAYOR WALUK moved the communication be received. Seconded by COUNCILOR NEVILLEand VOTED UNANIMOUSLY.

7:40 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and convene as the Board ofLicense Commissioners. Seconded by COUNCILOR WINTHROP and VOTEDUNANIMOUSLY.

7:51 P.M. Following a motion to reconvene as Council, COUNCILOR MC LAUGHLIN moved theCouncil move to Executive Session in the Conference Room, pursuant to Rhode IslandGeneral Laws, Section 42-46-1, and in accordance with Section 42-46-5 as amended,Purposes for Which Meeting May be Closed, "(a) (1) Personnel Matters and (5)Disposition of Publicly-Held Property" to discuss issues relating to the City ManagerPosition and the disposition of publicly held property (Carey School) situated in the CityofNewport whereby advanced public information would be detrimental to the interest ofthe public. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.

MINUTES OF THE COUNCIL MEETINGHELD NOVEMBER 9, 201 IPage 8

BOARD OF LICENSE COMMISSIONERS

1. Annual Liquor License Renewals: (Hearing)a) Class BV:

1) A&O, Inc., d/b/a Asterisk, 599 Thames St.2) Colonial Tavern, Inc., d/b/a Colonial Tavern, 18 Broadway

b) Class D: Friendly Sons ofNewport Social Club, 3 Farewell St.

WHITNEY GARDNER, 15 Sherman St., said she and other young mothers walk their babies alongBroadway and are upset with the public drunkedness, spitting, lewd language, and smoking bypersons loitering in front of the Colonial Tavern. She said the smoke enters other businesses alongBroadway, and noted that an apothecary had already moved from the area and there has been talkthat another good business will leave because of these problems. CHAIRMAN WALUK respondedthat he shared her concerns and said it is imperative that the problems along that block be addressedwith increased enforcement and foot patrols.

DEBORAH CINOTTI, 30 Calvert St. and owner of the Colonial Tavern, responded that peopleloitering in front of her building are not necessarily from her bar. She said enforcement has beenincreased lately, but extra police foot patrols are needed in the area. She said her bar is small and shewants the area to be clean and beautiful. ALEXANDER PULICHINO, 37 Catherine St., owner ofSappo Burrito, located next to the Colonial Tavern, said there are unsavory characters hanging out onBroadway and in front of his restaurant, but they don't eat there. He said the biggest problem is the"wet" shelter located at the corner of Farewell St. and Washington Sq., the residents of which hangout on the street until four or five a.m. COMMISSIONER LEONARD said bad behavior needs to beaddressed and enforcement is essential. COMMISSIONER NAPOLITANO said she understood theproblems on that block of Broadway and said it is unfortunate because of the many nice businessesin the same area.

COMMISSIONER MC LAUGHLIN moved the hearing be closed and the licenses of A&O, Inc.,Colonial Tavern, and Friendly Sons ofNewport Social Club be renewed. Seconded byCOMMISSIONER WINTHROP and VOTED UNANIMOUSLY.

2. Application ofN.T. Corporation, d/b/a The Black Pearl, Bannister's Wharf, holder of a ClassBV alcoholic beverage license to transfer 98.7 % of its stock to David D. Cullen, Keith B.Cullen, Matthew C. Cullen, and Tyler B. Cullen (24.78% each) (Hearing)

COMMISSIONER MC LAUGHLIN moved the hearing be closed and the transfer approved.Seconded by COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.

3. Application of Forty 10 North, LLC, d/b/a 41 0 North, 351 Thames Street, holder of a ClassBT alcoholic beverage license, through its sole member, 802 Partners, LLC, to transfer 97%of the membership interest in 802 Partners, LLC, to Dorrance H. Hamilton, and 3% ofthemembership interest in 802 Partners, LLC, to JGEM, LLC, whose sole members are Peter M.Borden and George W. Moore. (Hearing)

COMMISSIONER LEONARD recused herself.


COMMISSIONER MC LAUGHLIN moved the hearing be continued to the December 14th meeting.Seconded by COMMISSIONER WINTHROP and VOTED UNANIMOUSLY (6cO).

4. Application of Forty 10 North, LLC, d/b/a 41 0 North, 351 Thames Street, holder ofa ClassBH alcoholic beverage license, through its sole member, 802 Partners, LLC, to transfer 97%of the membership interest in 802 Partners, LLC, to Dorrance H. Hamilton, and 3% ofthemembership interest in 802 Partners, LLC, to JGEM, LLC, whose sole members are Peter M.Borden and George W. Moore. (Hearing)

COMMISSIONER LEONARD recused herself.

COMMISSIONER MC LAUGHLIN moved the hearing be continued to the December 14th meeting.Seconded by COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.

7:52 P.M. COMMISSIONER MC LAUGHLIN moved the Board adjourn and the membersreconvene as Council. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.


City ofNewport, Rhode Island .. IJ' 2 '.APPLICATION FOR A SPECIAL EVENT LIC);.NS~ 'II ~.2. F. IJrU./'

i ,.yt I I rJ; / I

DATE: __1_1_-_1_8_-_2_0_1_1 _

EVENT TITLE/TYPE: Winter Lecture Series

LOCATION OF EVENT: I Newport Art Museum

Date(s) ofEvent: (1-7,1-14,1-21,1-28,2-4,2-11,2-18,2-25) 2012

Hours of Event:2:00 - 3:30 pm

Holder of Event & DBA: I Newport Art Museum-------======-----Title: IDirectorElizabeth GoddardPrinted Name:

'------;:::::==================:::::::-_---':============~

Signature of Holder of Event: LQFM~~d:r.-Jb1_tl.~~~~~;:::z:::::::::::::::,.-__~

Address of Holder of Event: I 76 Bellevue Ave. Newport RI 02840

. I 401-848-8200 IBusmess Telephone: Residence Telephone: ---1

Is Organization Non-Profit? I yes Is Organization Religious? I:..-n_o _

Is there a charge for admission? I yes I IPrivate

Is event to be on City, State, or Private Property? -----'------------------1

Name ofProperty Owner of Event Site: 1__E_l_i_z_a_b_e_t_h_G_O_d_d_a_r_d --==- .J

Signature of Property Owner: I~~q q~~Printed Name of Property owner:1

. Elizabeth Goddard-;:====================Will Event be Indoors or Outdoors?(Include Plan)

Indoors

EVENT HOLDER Newport Art MuseumAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

If Outdoors, will toilet facilities be provided? I_n..c./_a _

If so, location of toilet facilities: n/a(Include on plan) '-------------------------

Will a tent be erected?(Include on plan)

Expected Attendance:

no

100

COPY OF TENT PERMIT MUST BE ATTACHED.

Seating Capacity: 1_1_8_8 _

Is parking available:yes

For how many vehicles? 45

CONCERT I no Is staging or platform required? IL-_n_o__ Amplification? I_n_o__

List types of musical instruments:

I n/a

DANCE I_n_o__ DEEJAY I_no_--, Amplification: I__n_o _

SPORTING EVENT I_n_o__

Set-up Dates (Sporting events only):

Type: 1

PLAY I no If yes, what type:

CARNIVAL 1 no----

If yes, types of animals:

CIRCUS no Will there be animals? 1 no

SHOW OR EXHIBITION: 1 no Type:

OTHER (describe) I Lecture Series------------------------

Are required approvals attached, e.g., State, Recreation Dept.?

Is a street closing being requested?

Will food be prepared on the premises?

If so, is Health Dept. Inspection Approval attached?

n/a

no

no

n/a

Will LIQUOR be served?

EVENT HOLDER Newport Art MuseumAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

no

[fyes, will you be applying for a Class F or F-l Liquor License?

Ifnot, will another's license be used?

no

no

If so, whose? nla--------------------------'

Will there be gambling, e.g., bingo, raffle, etc.? I_n_o~_

List Names of Vendors

Do you have State Police Approval? I nla

Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with Rl Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval? I n/a

Location from where fireworks will be shot:

Time fireworks will begin: I_n---'--I_a ---J

n/a

Duration: .I_n---'--I..;..a _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for police

detail officers at sponsor's expense.

ROAD RACE. WALK-A-THON, ETC. On Roadway(s) ~ On Sidewalk(s) ~

Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

City of Newport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

DATE: _....:.I.:c.l.-,-,11c-'...,2,-0..:..:'I_~ _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA:

I '1'\0.. ANNlAAt..- \'-UAMIN4\:e.1> bg...,1f4eV\ I::=::::==::===::=::::==::===::=::::==::===::=::::==::===I 10 I\U.Al2-D fA.V K. (). VCAW',/ Nl.1J\.6 bW I

Signature of Holder of Event:I~ IPrinted Name: I (,0 llQ"1'l f\N~·6R.-A;r"r+ Title: I EAec--vtnVE:- j) IVltCiiLAddress of Holder of Event: I 2.U -g,e;:L.-\..-,&Vv.-t:.AV f;/\JVlE: -II> I0 / N1; v\.{>ORT' 12-1 I

Business Telephone: [10\. G!Oj.3=3-:r1- Residence Telephone: IC£U..,. ~2.. IId49' IIs Organization Non-Profit? I If:,!; Is Organization Religious? I,---,-~.:.co _

Is there a charge for admission? I WD I IIs event to be on City, State, or Private Property? _c-_,'II+I _

Name of Property Owner of Event Site: IL_C-_I-rl__()_f'_~_WP_I'___()~_r _

Signature of Property Owner: 1 _

Printed Name of Property owner:I _

Will Event be Indoors or Outdoors? ~u<rp0D\2-G.

(Include Plan) ---------------------

EVENT HOLDER fI'2..IJ2M7s be~uJrztz ep&.X.APPLICAnON FOR A SPECIAL EVENT LICENSE

(Page 2)

If so, location of toilet facilities:(Include on plan)

If Outdoors, will toilet facilities be pro~v.::id:::e.:d?~. ~1='I=t:S==== _Il?AL-L-il\lZPPAVl'- &..lJtlVY'j 'NeAcJOvJ

COpy OF TENT PERMIT MUST BE ATTACHED.Will a tent be erected? Lil0(Include on plan) -"'---

Expected Attendance: I II 'DOD Seating Capacity: I~_IV-,--,-!.:...'A _

Is parking available: I@ 12tlS For how many vehicles? I ;z...00

CONCERT Lii 0 I Is staging or platform required? I Amplification?


1 _

DANCE DEEJAY l-\o Amplification: I~ _

Type: ISPORTING EVENT I NoSet-up Dates (Sporting events only): 1 _

Will there be animals? 1 _CIRCUS

If yes, what type:PLAY I NO

CARNIVAL I t-.l ()

If yes, types of animals: I~ _SHOW OR EXHIBITION: l'fe';, IOTHER (describe) 1-----------------------------



Will food be prepared on the premises? N1>If so, is Health Dept. Inspection Approval attached?


EVENT HOLDER WI€::!Wl> DE ibA-LItAt(,12~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

l1JL::..D ----'

If yes, will you be applying for a Class F or F-l Liquor License?

If not, will another's license be used?

If so, whose? I------------------------

Will there be gambling, e.g., bingo, raffle, etc.? [ 1--.\0


Do you have State Police Approval? I"----


For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire M~ar~shal ap~pro_va:::I?_ _==N=ItJ-====__ _


Time fireworks will begin: IL.. _ Duration: 1 _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer than 15 minutes, arrangements must be made for police


ROAD RACE. WALK-A-THON. ETC. On Roadway(s) IIV / 1'-1 On Sidewalk(s) IN 1'iLiHas notification been made to residents along the route? __Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:

November 22,2011

Mayor Waluk & Newport City CouncilCity ofNewport43 BroadwayNewport RI 02840

Dear Mayor Waluk and Honorable Council:

i.I'r

I,

Friends of Ballard Park respectfully requests permission to hold the 7th Annualllluminated Garden event at Ballard Park on February 24 & 25, 2012 from 6 to 9pm.

We have submitted an application for an event licenses and further request thatordinance 12.32.010 E (Closing of park hours - Ballard Park, located at Hazardand Wickham Roads, shall be closed for public use between sunset and sunrise.)be waived.

Hosting events like the llluminated Garden have helped to transform Ballard Parkfrom a dumping ground and underage party spot to a well respected and well usedcity park. Should you have any questions or concerns please call me at 619.3377.Thank you.

Sincerely,

~hExecutive Director

226 Bellevue Avenue #10' Newport RI 02840' (401) 619.3377' www.ballardpark.org

..> .~,<

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I

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City ofJewirt, ~ode Island .APPLICATION FOR A SPECIAL EVENT LICE:Ns~ ..

1': I '," i I:iI" '·1

I L.DATE: 'Pte. z., 1,0 \\}

EVENT TITLE/TYPE:if'JELJPbll;l pu<cuc (()\J(ATIt>I-) f'DiJ;;OATIC,f<J'f~l)N r:O/l_ tOlJU+-rl.o}\..) /(V)O-rI-J-/lf./S ..Dff l1 <;/(

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event: I'7 : bl> f\'i''f\'' IV, f)L)


Signature of Holder of Event: !1!V)CJ\IIJIAA..Ak VVl. CN\L~,

Printed Name: IMAilGA~-1Of (...bf-f...t.>f_N J Title:

Address of Holder of Event: IS? f) IIII /'. r-.IJ C r:; f...I.s n c

I f?LI ? - /'2-';;;1Residence Telephone: ---"-L-'--"'J:....::."'-v--'- _Business Telephone: I ?b 7.," bZ,S' I.

Is Organization Non-Profit? I Yf.·~ Is Organization Religious? ,-.L.tJ""'O"--__

Is there a charge for admission? ,'....-,-.<..-.5---, Ir-c.-n-lj----------'---------,Is event to be on City, State, or Private Property? __.......J. .

Name of Property Owner of Event Site: I N-fl.A.lfOnA SC1.+o DC P6P1. ISignature of Property Owner: I .....JI

Printed Name of Property owner:1 CTTl1 OF' N t-(,A)f() fUr IWill Event be Indoors or Outdoors? I (S 01'/-I- I

(IncludePlan). .

EVENT HOLDERAPPLICATIO""NC:--F-OC:--'R-:--:A-SC:--PCC"ECCC=j-'-A-=-L-E="='E='N=T=-L-JC='E=N-=C'SE

(Page 2)

If Outdoors, will toilet facilities be provided?

If so, location oftoilet facilities:(Include on plan)

Will a tent be erected?(Include on plan)

Expected Attendance:-

Is parking available:

I Nt> COpy OF TENT PERJVHT MUST BE ATTACHED.

Seating Capacity: 1'-- _

..-, "For how many vehicles? .......,;..,...L"'\(,/"---__

CONCERT l f'J() Is staging or platform required? Amplification?


DANCE I N b DEEJAY NO Amplification: 1 _

SPORTING EVENT I ~-f4 Type: I-"S",-,k:=~_-",e...o-=-°-ufl=D--Jf,-ut,-,-=U:,,-o _


PLAY I ~JO Ifyes, what type:

CARNIVAL I ~.j D----'

If yes, types of animals:

CIRCUS Will there be animals? I------'

Type: 1_0 _SHOW OR EXHIBITION: l_t_10_-,

OTHER (describe) 1-0---------------------------




If so, is"Health Dept. Inspection Approval attached?

I !,-I/)

EVENT HOLDER .-=-=:c::c:::-c--::c=-=-c-::--:::::c-==-=c::-::-:::::::-:c~APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)


If yes, will you be applying for a Class F or F-I Liquor License? 1_-1_-If not, will another's license be used?

lfso, whose? I ~-..--J

Will there be gambling, e.g., bingo, raffle, etc.?·1 tJ ~


Do you have State Police Approval? 1 _


For Retail Sales - Have you completed Ii "Promoter's Application For Pel'mit to Operate Ii Show orEvent" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?


I

Time fireworks will begin: 1 _ Duration: IL _NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.

If fireworks are for longer than 15 minutes, arrangements must be made for policedetajl officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)·~ On SidewaIk(s) c=JHas notification been made to residents along the route? eNl {j> f,-{'j PO 'or 10 (I.ACLHave temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE: fJ-()p J'f )' L5'JM a.

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Sprov,"ii1\g1tocK ~'r. '

Ocean

~oi...l..d

. "

J'oo'

-5.,0{'.

s~e~ I

tN

START· AT lVJIDDLB OF MAIN ENTRANCE TO RRB,BVEN WITH Sll)EWALI< SEAMJ - '1.7 FT. AFTER SPROUTING ROCK DR. SIGNPOST,EVEN WITR N. EDGE OF 11129, AND 6FT. BEFORE"RBSTRtCTBD PAR.KING" SIGN (R)2 "97:£iT. AFTER FIRE HYDRANT (B.), AN/) 91'1'. A.F'l.'llRRECTANGULAR CBMENTBASE "ELECTRIC" IN GRASS (L)3 - 34 FT. AF'l'BR RIPTA s(l1N(L). AND 63 FT. BEFoaESTAR:FlNISH" 9FT. 2 IN. AFTBlt{E}:.!'OLl3 4(L)

Newport Public Education }'ouudation

MOTHER'S DAY 5KNEWPORT, RHODE ISLAND

USATF CERTIFIED COURSERI02001RN

~ Measured by Ray Nelson 2/02

J.L

~ {J"m I \ \..3.ve.<;j~ 'f(.U.9 g/es . . .

I S · ~

.~ .~- .~-, ~

\Y.. ~~ .

~

1.·~ - ROGERS H.S. MAlNENTRANca ...... \ .I I i;1 -- ~SlDEWALKSEAM

FINISH. II \(

' \\A,B! I, I~Ov'fi, q~

\ WlCl.<X~ 63' _\f.)/f' aoAJ.) /, .1' ,'3'·__ ...... START ' ••' Rn>l'A SlGN ....

-----~-_....-

'{i

.

C-,,:

City ofNewport, Rhode IslandAPPLICATION FOR A SPECIAL EVENT LICENSE

;-\ t:(' n

(~~2/5;t}T

1 ~.e J.{ '''')J'j)kCAl2.N" v.1- L

EVENT TITLE/TYPE:

Date(s) of Event:

Signature of Holder of Event: .'"-..-'-1


Hours of Event:

Address of Holder ofEvent:

LOCATION OF EVENT:

Business Telephone: hi" [-- .), /,/~ I (; 'f5' I Residence Telephone: (Sf 0k f$J- P)- yIs Organization Non-Profit? Is Organization Religious? I Ai q

Is there a charge for admission? '-'='+-"::>-"/---'

Is event to be on City, State, or Private Property?r----------'"""-------------,

Name of Property Owner of Event Site:'----_~ ----l

Signature of PropertyOwner: 1 _

Printed Name of Property Owner:

l J

Will Event be Indoors or Outdoors? I /1'\ r-) IIfv V)"" Oov'-(Include Plan) '-- -'-~'---'=_=_.e.....- __'

EVENT HOLDER rJ.o-vJ fV1 L, 0' ,.() (' LJ]APPLICATION FOR A SPECIAL EVENT LICENSE

(Page 2)

\COpy OF TENT PERJVlIT MUST BE ATTACHED.

If so, location of toilet facilities:(Include on plan)

If Outdoors, will toilet facilities be provided? I '0 -e r ~

f \;~~~ £ort'-1Will a tent be erected?(Include on plan)

Expected Attendance: "

Is parking available:

1000

\

Seating Capacity: ~,P,,--,)c-- _

For how many vehicles? I s: ~ 0

CONCERT I rV ~ Is staging or platform required? "1 1 Amplification?


,--~-------DANCE 'rt 01 DEEJAY' /$ U Amplification: '_I\},,--..:..f -'

SPORTING EVENT I P d' Type: 1 --,- _


PLAY I Ifyes, what type:

Will there be animals? ItV /' I

Type: 1_" _

CIRCUSCARNIVAL Li:l,fLr IIf yes, types of animals: Ir----------------------------

SHOW OR EXHIBITION: If\) 0

OTHER (describe) 1_" _




If so, is'Health Dept. Inspection Approval attached?

EVENT HOLDER rJl2. J,rV} L, 0;;';)' CLJAPPLICATION FOR A SPECIAL EVENT LICENSE

(Page 3)

I rV (J

I

1,--Ifyes, will you be applying for a Class F or F-I Liquor License?

Ifnot, will another's license be used?

Ifso, whose? 1'- _


Will there be gambling, e.g., bingo, raffle, etc·?·1 tv! 11' Do you have State Police Approval? 1'- _

List Names of Vendors Item to be Furnished

For RetaiiSales - Have you completed a "Promoter's Application For Permit to Operate a Show orEvent" with RI Division ofTaxation? (Contact No.: 222-2957)

FIREWORKS IN 0

Do you or the pyroteclmic have Newport Fire Marshal approval? ILocation from where fireworks will be shot:

Time fireworks will begin: 1 _ Duration: 1 _

NOTE: Ufireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.If fireworks are for longer tban 15 minutes, arrangements must be made for police


ROAD RACE. WALK-A-THON. ETC. On Roadway(s) [lQ:;] On Sidewalk(s) ~

Has notification been made to residents along the route? _Have temporary signs been posted? (Signs must be removed by tbe following day.)

SPECIFIC ROUTE:

APPLICATION 'Fi5R- CATERIivG' LiciNS~' I J \ J

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: Date "-~.'+-'--f-'-"!"""----

Date of Duration: C{e0Vl(CVV;(/W~NameofBusiness:SFt~fcl CC0-btCNbDBA: Sro/\'~ ,Address of Business: i"Z.- 13(0'I't-O~ t!'J~

TYPE:ConfectionerDrive-In

e.

d.

c.

Standard).{ Fast Food _ Carry-Out _

1. Garbage DispoSal~~i!;~:_.) t'lY:€ Trash Receptacles

a. Location 1?t?cvt..-~kixb. Type/Odorprevention~1~VfZ/lCJ.·(;)

Weight per pickup

Number of Cans 1 _Private Pickup Yes J No_ By Whom ()J Cv?te (j,,[6~

2.

3.

4.

5.

6.

7.

ATTACH: Detailed site plan showing premises, interior, exterior, seating capacity, dumpster location and~ ,I.parking area, where preparation of food takes place.; or initial & date here that plans are on file: s:..:e- Ur'i [f

Description and/or rendering of architecture to be nsed.

Detailed description of manner in which license is to be used. C~~N(0 Ip>~~ povi:7\ uV::)

Proposed Seating Capacity. Expanded Seating Capacity _

Parking Availability. Yes__ NoX Location Number of Cars

Is a liquor license (Class For F-l) being applied for by the applicant? Yes__ No~

Current Victualing License No·FSVZC(fL}

8. Estimated monetary investment involved $, Hours ofOperation:~to 2ftM/}

9. Extended Hrs. ofoperatio~to-$.14"---2 a.m. 6 a.m.

Owner's Name: SvSCt/'L C<-f:VV10 .

~aOZ.,'tDCr&Nf~)Business Phone: L{O~ ffl{Z -002.3

11/113/1 /J I /ft(! /

I

Filing fee: $15~s-. --- Date Paid:License fee: $200 $?O-'D ......-nate Paid:

Days of Week Extended: ._-'\~'-"'-QY\Q"-'-'_.=_ _

Filed By: ~C VVL

~ature

Print Name: ShS::Vl C~ '"E-CHq ()

Owner's Address: :35,3 _Thec~Home Phone: 4C> I 802.-1?Sr-

BUSINESS OWNER:(Individnal, CorpILLC, elc.)

BUSINESS D/B/A:

BUSINESS LOCATION:

Owner/Representative:

Autiumi:red Signature:

Owner's Home Address:

Business Telephone No.:

C\£.~~s GI~__v-Q 1---

-----'-¥"",:L~_-~

--h<~~~~g-.....",.6.,~::-----_.Title: _-<6'WJJ.~ _- ~- -~-_._--ftJ/- 'i1S!X::- .y~ Home Telephone No.:_~/-~·...23!.L_

MAILING ADDRESS: (circle one) (a) ,Busiuess location (II) OW!iel"S address eel otltill' (specl&:Y.l

___~..Lo,-=-dQ~ :3b~;;" ..l-J'E'u ')9 d-- GL*-+-.----..o;6,~~::g3e:s.=-• . ~~ I

B-Mail Address; __.. k &~) _~S2~_~\:wO ' Ll:e.h,---_.Thil undersigned has been in business since (year): --cf/.Q1l _

The business is principally engaged in the sal~of the following types ofgoods: -Cv~~.-~_._---~-

TRANSFERS,ONLY COfvfPLETE THIS SECTION

PREVIOUS BUSINESS (ownership): . ._._.. .__. .._ ..__~_ _ _ _ __. __

PREVIOUS BUSUt,mss D/B/A: __.__..... ... . ._... ._._ ..... , . . ._. .

PREViOUS BUSINESS ADDRESS:

PREVIOUS OVVNER'S SIGNATURE:

M'OR OFIi'ICI!: vim ONLY

Fill.Ai; I''!" SllC'Wij D8t" Paid _L?j~J!.L_ .._ New ..._~.__, R0w.i:wJ<1 ."__,_,,.__...,__J',·mll§{"T ."",,_.• ._

~jce!ll.@l H'IJi'$j)~ Date Ptikl I2)1/(l (~... - -_ ,-._._--_..•._.,_._-~.

!liJJ;;JK~]'.1P.!~!1,: L?dL\f.\U "..... CO>UNcn, ""cnON:............... PATE: .•..."' ~ _.

CITY OF NEWPORT, RH0P.lf,ISl.Al)ID;_;i---;--;.;

Application for Arcade/Juke Box or Mechanic111~~I~eJf~ni:'De~icWLi~tT~~lj ,

Iii [j'li , DEC -~N2?Jf1 ;~; , SbATO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Applicant: d /311 /I?P" 4((/&/C eel.a c /) i? ).~:;iM~~.. :1f1..o;(indIvidual. timl or corporation) ~_,~_"_._.,,,.,:.~_'_.':'~,: "':-::'<T__""~_'''_~

Business Address: "?~k7/11»?~5.· sr hIe \'D~'S>~:t \S;T\

Address (cont.): _

Telephone: E 1-PE" i.y~ ~ 5'l1Y

Date of Birth: 4-:23 - 57 Age:~ Place of Birth: ~'5o±-a. \) i Q ~ 1\\ () tIf parmership or corporation, give names and addresses of all officers and stockholders:Nl ~ Ad~~1f:t:A=: ~W:"\s ~~==~:"~~\~~Complete list of all prior atTests and all convictions (whether felonies or misdeameallors) of the applicantand all persons having atlY interest in the business of the applicant (attach separate sheet, if necessary)

TOTAL NUMBER OF MACHINES:

TOTAL NUMBER OF LOCAnONS: __('----_ (filing fee required for each location)

Filing Fee(s) $25 each: (

f hereby certifY that the above Info ion given byMe is true and COrrect to the best () my koowledge

Signature of Applicatlt: ---=R:..--~~f'\:t<=~~"""=----.-

:ckolsDate Paid l2/bltl

Print Name of Applicant:

Total License Fee(s) $ ~~

License issued by City Clerk: Date Issned: Initials: m __

Y:\MechM k:al An\llsements\2.009 Renewal\AppMechanicalCover_doc Created on 1/4/2001 2:57 PM

.LL. ,(N.. .L.J. .l~I. 1:.'':1 L"llVI J V.l L Y ' .... ,.Le·l J.,'::' .....',.L.I. .LL.C

Pagc __ of__

CITY OF NEWPORT, RHODE ISLAND

Application for Arcade/Juke Box or Mecb,miclli Amusement Device License (continued)(individual mllcbine identification)

DATE:

Applicant: . Obrien Music Company, lnc. _(individual, fiml OJ corporation)

Name of Business where machine(s) is(are) located:

Z"/ArV f/fliJ.lk}f Idlt'v 5P PI 1M7'5

D/B/A of Business: Ryan Family Amusement

Location: ~dl=~"".J!J_~7LI1!..LJ7I'llW'"<::-!f;~.r"-_-,,.s,--:....j _

Description of Machines: Use additional sheet(s), if necessary.

For Mechanical Features, use Pinball, Video, etc.

"

Type of Machine/Name Mechanical Features

0J.J ./W1lCtfF1) ufiL:Serial Number

---~~-------

Y;\MeehanicaIAmuscmenls\2009 R(".n~wal\AppMechanicaIAmuse.doc Crei'Jted un 1/412001 2:36 PM

/J-/!-(-/)CITY OF NEWPORT, RHODE ISLAND

Application for Arcade/Juke Box or Mechanical Amusement Device License

DATE:TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Applicant: _-'--L-'-'tI'-!,.=,S_'-=:t7-=o(!=----_1I:__e-----jlc:-dcd-+'=:/=:I't-c(..-c--:-=,--,- _mdlvidual, finn or corporation)

Business Address: 8' Me fYI oil-it! L 13 Lv (;)

Address (cont.): N (i"W t:)Otl---I- f? r O.;)-8tfbI

Telephone: L-/O/- 8&/1- 91fllf

"II

I,!' C",,

lecJ!/l"(/ IiDate of Birth: _ Age: __ Place of Birth: -1:__--,,'(:1 ,

L._ . ,.-,..--.,~ .

If partnership or corporation, give names and addresses of all officers and stockholders:Name Address:

(!; (2Uln ,;{ • .4n..nd t~ S'fA ?tpla r' Sf-: N~n:f ru::oG' t!:>d /.a-h ~. fJ.1t;t.d to . l-------------------

Complete list of all prior arrests and all convictions (whether felonies or misdeameanors) of the applicantand all persons having any interest in the business of the applicant (attach separate sheet, if necessary)

TOTAL NUMBER OF MACHINES: _LI__

TOTAL NUMBER OF LOCATIONS: _--,-1__ (filing fee required for each location)

Filing Fee(s) $25 each: -fXt I'd II/I ~111 2S ~5;\11/

I hereby certify that the above infonnation given byMe is true and correct to the best of my knowledge

Signature ofApplicant:

Print Name of Applicant: Hill)';df' I ('qjJjJ't.,.-J'ee qr-r,,-,h-r4 fOr ('~d'

TotaILicenseFee(s)$Jd tJ!.5-0 ~/OO Date Paid _

License issued by City Clerk: Date Issued: Initials: _

Y:\MechanicalAmusemcnts\2009 Renewal\AppMechanicaICover.doc Created on 114/2001 2:57 PM

Page _,_ of-LCITY OF NEWPORT, RHODE ISLAND

It -(t-/IDATE:

Application for Arcade/Juke Box or Mechanical Amusement Device License (continued)(individual machine identification)

Applicant: Hillside & Cappy, Inc.==c=::-(individual, firm or corporation)


D/B/A of Business: Hillside & Cappy, Inc.

Location:

Size and Description of Business Premises: _



Type of Machine/Name

-P",,1 ,~/e

Mechanical Features

COl C\ oqx:<cd:e1=d"--__Serial Number

)\ILj~

Y:\MechanicaIAmuscments\2009 Renewal\AppMechanicalAmuse.doc Created all 1/4/2001 2:36 PM

J(T I~/-Jf

CITY OFNEWPORT, RHODE ISLAND. :: \ [;" ! I" ':.__ ;! "":" ',--;

Application for Arcade/Juke Box or Mechanical Alpusepient Device License.

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT' i!' \f.I~,p!;rl?.B:;':;;

Applicant: <zT (PlJ F, '" 1A 0.« !'~ (jA..~ .~ "'i(ipdividual, finn or corporation) --·,f

Business Address: -1-3 6ecJAbu..JA..",i-jr- _Address (cont.): -1J ,uA)QOer I ~f O,;t..8"W2Telephone: l+O I ~Ifs- gs I \ ~C2Q b (~ l[- S~ <f.-b 7 '1Date OfBirth~YAge:¥- Place of Birth: G,e-Ie ah/I ud~If partnership or corporation, give names and addresses ofall officers and stockholders:r Name Address:

..>f:1vI1Aaa. vv( u.1.JL.I1\-1 '3 ~a),(,\J:J(.. .xA-'A ttJQ0P:!lJ~ (n..'3 ~\1, f-""

Complete list of all prior arrests and all convictions (whether felonies or misdeameanors) of the applicantand all persons having any interest in the business of the applicant (attach separate sheet, ifnecessary)

oTOTAL NUMBER OF MACHINES: ;2..

--"---

TOTAL NUMBER OF LOCATIONS:~ (filing fee required for each location)

Filing Fee(s) $25 each: ,. ;)....5

Date Paid --'

Signature of Applica . ----t'''''-\'-1(1~-!--''-'----1L-_t'''''''U!!.b''''''=-+_

Print Name ofApplicant: F;"IIJ fJ; AQ tZ

Total License Fee(s) $ 1:,"~1

I hereby certify that the above infonnationMe is true and correct to the best of my kn


Y;\MechanicaIAmusements\2009 Renewal\AppMechanicaICover.doc Created on 1/4/200J 2:57 PM

Page I ofL-.-


Application for Arcade/Juke Box or Mechanical Amusement Device License (continued) .(individual machine identification) 1 A J~ - '1 2-1

DATE: V~~L- Zol(

Applicant: Fastnet, The -;c

(individual, finn or corporation)


D/B/A of Business: Fastnet. The

Location: ------------------,------------

Size and Description of Business Premises: -1?,AK



Type of MachinelName

J?A-C U.t--J-A-'-'JNl----__eQbl "TA13LZ -

Mechanical Features

@UQi/...kJL~' 0-'1. 0,

Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaIAmuse.doc Created on 1I4/2001 2:36 PM

(d-f'-/ICITY OF NEWPORT, RHODE ISLAND

Appiication for Arcade/Juke Box or Mechanical Amusement Device License

, DATE: JJ -)--/1TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: P

Applicant: __-,N,-",-,~=v'-!.A-,,=i:j,-,-p..:.::.-,-I_-Jl.M~ll-;C'ST!lSc..~~CO=,,~",,':::=f-I-!.N.::..::::L:..- _(individual, finn or corporation)

Business Address: .I'·

Address (cont.): c~'ll

Telephone: __4...:.:::0..'-'_-.:..'0::.''-=-1-,1,._'-,~,,-,=3=-'_:; _0_

Date of Birth: _ Age: _

r; .- 2

~FPlace of Birth: -----'---

If partnership or corporation, give names and addresses of all officers and stockholders:Name Address:

Complete list of all prior arrests and all convictions (whether felonies or misdeameanors) of the applicantand all persons having any interest in tlie business of the, applicant (attach separate sheet, if necessary)

Nii/\/I'L

TOTAL NUMBER OF MACHINES:I

TOTAL NUMBER OF LOCATIONS:

, =Filing Fee(s) $25 each: G75

87

27 (filing fee required for each location)

Ihereby certify that the above information given byMe is true and correct to the best afmy knowledge

Signature of Applicant: W JiP...-- \Print Name ofApplicant: WI LLII-IIY\ ..j, C.A~AG-IAN IS

Total License Fee(s) $ Date Paid _


Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaICover.doc Created on 1/4/2001 2:57 PM

DATE: I

PAGE 10f2

lJoc~"'(L~\" l{ / Y [ {f Last printed 7/26/201110:27 AM

CITY OF NEW ORT, RHODE ISLANDDec. 1, 2011 R Nov. 30, 2012

VICTUALING LICENSE APPLICATIONTO THE HONORABLE COUNCIL:

D/B/A Ash Mart

LICENSED PREMISES: 2 Carroll Ave.

f' ..,.,,"',, ,,I I{ !\ i

:.',.' ,

or (c) Other (specifY below)

OWNER. (LLq Ash Mart Inc ··· .. ·6;, . J

CorporatIOn): 1'--- --j --\0;H11'__• __,~~.__""----:==+__-'......... ...... .' .."

Owner Addressl-24-W-O-O-d-RD-----------------------1

====~::::-;::::===;-:;;::s:==City: I Middletown, IState: I Rl IZip:1 02842 I

==========::;:Owner Phone: 1_84_1_.5_0_9_7 1Business Phone: 1'--84_9_.6_7_1_0 ...;1

Mailing Address (choose one): (a) Business Location, (b) Ownership Address,

2 Carroll Ave., Newport, RI 02840

License Number: 1114 CLASS: L ILitter Rating from I Accessory------------------- City Clerk: L. _

DURATION: [ Annual I (Annual is DEC 1 thtu NOV 30) or if Seasonal (list dates): 1 _

Estimated monetary I 50000 Iinvestment involved: ==============~

Hours of Operation: I 6:00 am-Midnight . IDo you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? B ifyes, specifY extended hours and days:

Hours: I 1 Days: 1 7_d_aY_s ---.J

Is liquor license application being submitted by the applicant? 0 or will it be in the future?DDescription and/or rendering of architecture to be used (if changing). INITIAL~······: Attached? (YES?No) : :......... .. -

- - - - - - .. - - - - .. - - - - - - • - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -

Filing Fee:~ Date Paid: '---NC-j'-;-1-j-[2-.0-'1~e Fee: I (:sz; IDate Paid: I NOV 142011 ?iJ-rApproved by Council _ Disapproved by Council _

Issued by Date _

Y: \! jqll()rVil\20 I 0 !Z{,;n~wal\V1"1'):0 I O;\ppli(;'-Iti()II1\:!erg~>.doc

PAGE2of2 Victualing License ApplicationLast printed 7/26/201110:27 AM

Owner: Ash Mart IncDBA: Ash MartLocation: 2 Carroll Ave.

IfNEW establishment -or- if NOT already "on-file", PLANS must be provided.If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area.

Plans attached or on-file (YES or NO):

Location:

ParkingLocation?

. , . : ....•.•••...........................•••.~~ ,:~ & Signature:: .----:--:-=r..: _··_····..·_z:.. '"" :.. . ~~ --- _.-/~. . : -.< ';..... n ·,;;;;•••••• ••••• :

I Store Lot I Number:~__________________--J. of Cars ~

Dumpster? ~ Trash Receptacles?~

Right side bldg

Current Seating: I_O --.J

ParkingAvailable?

Garbage Disposal:

Type/Odor Prevention: Spray

Weight per pickup:6 gallons

Number of Cans:2 I

PRIVATEPICKUP?~ By Wbom?l. WasteManagement 11;//l5rbY/It/?-INITIAL to acknowledge receipt ofLitterlTrash Info (ifnew) :'" ·•··••· ..1 DATEr········ .. ••• .. .

~ : •..........................Type ofBUSINESS:

IConvenience Store


Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct. Any change will require that a new application be filed with the City Clerk's office. ,

...................................................... ••••••.......... ~ •...........••••..••••... ~• _-? - •••

• ~/~.-:::-=/ • D • 1/ •: -~"--_..-- ~_- - .-- : ate:· ~_. -/'2-1/ ..~..~ .....•....••••••..•••.•..........••••••••••.••••..•.......... :.•..........••.•••••••.. ;

Phone #:

Print Name:

Y~\l jqlK1rVil\1.0 J{) J~cnewaJ\ VIT20 1OAppJ ication I\·kqtt'..<!oc

License Number: 1185 CLASS: L

Last printed 7/26/2011 10:27 AM

PAGE Iof2 CITY OF NEWPORT, RHODE ISLANDDec. 1, 2011-Nov. 30, 2012

VICTUALING LICENSE APPLICATIONTO THE HONORABLE COUNCIL: DATE:

D/B/A Sushi-Go!

LICENSED PREMISES: 215 Goddard Row

OWNER (LLCj Tsunami Enterprises LLCCorporation): L- _

Owner Addressl 37 George supa Box 291

City: I Wakefield IState: I RI IZiP:1 02880

Owner Phone: 1_83_7_-2_5_5_5 --'1 Business Phone: 1_84_9_-5_1_5_5 _

Mailing Address (choose one): (a) Business Location, (b) Ownership Address, 01' (c) Other (specify below)

215 Goddard Row, Newport, RI 02840

ILitter Rating from I Carry Out I

------------------- City Clerk: _

DURATION: I Annual I (Annual is DEC I thruNOV30) or if Seasonal (list dates): 1 IEstimated monetary I 0 Iinvestment involved:

H fO . Illam-9pm 1ours 0 peratIon: _

Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? 8 if yes, specify extended hours and days:

Hours: 1 I Days: I_no_n_e _

Is liquor license application being submitted by the applicant? I 01' will it be in the future?DDescription and/or rendering of architecture to be used (if changing). INITIAL~""": Attached? (YES?No) :•••••• :..........- .- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -

Filing Fee:~ Date Paid:I-----

Approved by Council _

License Fee: 1'----- 1Date Paid: 1 _

Disapproved by Council _

Issued by Date _

Y:\LiquorVit\20 I0 !{enewal\V1"1'20 IOAppJicationl\·icrgc.doc

PAGE 2 of2 Victualing License ApplicationLast printed 7/26/2011 10:27 AM

Owner:DBA:Location:

Tsunami EnterprisesSushi-Go!215 Goddard RW

LLC

IfNEW establishment -or- if NOT already "on-file", PLANS must be provided.If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area.

Plans attached or on-file (YES or NO):

Current Seating: 1_2_5 _

Dumpster?~

. ~

& Signature:: :. .. .~ .

.a ••••••• ,· .· .· .: :

I lot I Number:~____________________ of Cars ~

Trash Receptacles? EJParkingLocation?

Garbage Disposal:

ParkingAvailable?

Location: back ofBrick Market

Type/Odor Prevention: lid

Weight per pickup:5 yards

Number of Cans:??

I>Jl1rIG;··························.1 .

PRIVATE PICKUP?E] By Whom? l_w_a_st_e_M_an_a_g_em_en_t _.............

INITIAL to acknowledge receipt ofLitterlTrash Info (ifnew) •............•Type ofBUSINESS:

I Eat-In,Take-Out Sushi

Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct. Any change will require that a new application be filed with the City Clerk's office.


Phone#:

Date:..........................· .· .· .· ."I ••••••••••••••••••••••••"

Print Name:Title: 1 _

Y:\1 ,[quorV it\21) I0 Renewal\Vrr20 IOApplicationMcrge.doc

Dear Mayor Waluk,

From the Desk ofPatrick D. SheaP.O. Box 3102

Newport, Rhode Island 02840

RECEIVfE]dJNOV 08 2011

Mtl¥Cr'll Om:;."(C~'2:J ni Al0'·'·'-~'"~. t

November 7, 2011

At the time, please accept my resignation from the Juvenile Hearing Board for theCity of Newport effective immediately. I have appreciated the opportunity to serve mycommunity in such an important capacity and wish the Board continued success inworking with the youth of our community.

I hope to be able to continue to serve my community in the future.

Cc: Interim Police Chief Gary SilvaBoard Chairwoman Tracy Shea

MEMORANDUM

To: Mayor and Councilors

Thru: Edward Lavallee, City Manager I:.J- \From: Laura Sitrin, Director ofFinance~ / ~Date: December 1, 2011

RE: Police and Fire Pension Valuations

Attached please find the July 1, 2011 police and fire pension valuations. I stronglyrecommend that the Council consider having a joint workshop with the Trust andInvestment Commission where the actuaries from Buck Consultants come andexplain the valuations and funding levels. There are significant changes in pensionreporting on the way including having to record the entire liability on our statementof net assets. There has also been constant media and public focus on the localplans. The actuaries may be able to address some of the concerns and questions.

We have made a couple of changes in assumptions this year in preparation of GASBproposed new pension accounting and reporting standards. The actuarial fundingmethod was changed from Projected Unit Credit to individual Entry Age Normal.This actually helped us a little. We eliminated the five-year smoothing of assets andwent with market value. Mortality assumptions were revised because the actuariesinsisted on changing them.

Two new tables have been included in the report which you may find helpful. Thefirst is an appropriation forecast showing both what the City's annUlil requiredcontribution will be plus the funded status of the plan. This report can be found onpage 7 of the valuations. The second table is on page 8 and shows the major reasonsfor changes in the liability during the last year.

The police pension shows a total liability of $76,570,775 of which $43,693,248 isfunded. The unfunded liability is $32,877,527 and the plan is 57.1% funded. Theannual required contribution for the FY13 budget is increasing by $562,393. '

The fire pension shows a total liability of $82,907,130. There are total assets of$32,832,334 leaving an unfunded liability of $50,074,796 (a decrease from the prioryear). The City is 39.6% funded in the fire pension and the annual contribution forFY13 is increasing by $261,970.

IlII!!

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A Xerox Company

The City ofNewport, Rhode Island

Police Pension SystemActuarial Valuation Report

Prepared as ofJuly 1,2011

November 2011

IblUlckconsultants'

THE CITY OF NEWPORT, RHODE ISLAND

POLICE PENSION SYSTEM

Report of the July 1,2011, Actuarial Valuation

TABLE OF CONTENTS

Page

I. Purpose and Summary I

II. Membership Data I

Ill. Plan Provisions 2

IV. Assets 2

V. Actuarial Methods and Assumptions 2

VI. Funding Policy 2

VII. Analysis of Valuation Results 3

Tables

IA Valuation Results 5

IB Schedule ofFunding Progress 6

IC Appropriation Forecast 7

1D Changes in Unfunded Liability for Fiscal Year Ending June 30, 2011 8

IE Development ofNPO for Fiscal Year Ending June 30, 2011 9

2A Distribution ofActive Members as ofJuly I, 20II 10

2B Distribution ofRetired Members and Beneficiaries as ofJuly 1,2011 II

3 Actuarial Methods and Assumptions 12

4 Outline ofPrincipal Plan Provisions 15

5 Glossary ofTerms 18

Page ITHE CITY OF NEWPORT, RHODE ISLAND



I. Purpose and Summary

This report presents the results of our July I, 20II, actuarial valuation of the City of Newport, Rhode

Island Police Pension System. The valuation was performed at the request of the City of Newport for

purposes of determining annual contribution levels for the City and to develop information regarding

actuarial liabilities required for the City's financial disclosures.

In summary, the recommended City contribution for the 2012-2013 fiscal year is $3,461,972, if

deposited in one lump sum on June 30, 2013. This contribution has been developed based on a 20-,year amortization of the unfunded actuarial liability. If the City would prefer to make monthly

contributions at the end of each month, it should contribute $279,031.

The development of the valuation results is shown in Tables IA through 5 and described in more detail on

the following pages.

The valuation reflects combined results for police hired before and after July I, 1984. It is our

understanding that prior to July I, 1998, these groups were segregated with separate actuarial valuations

performed in alternate years.

II. Membership Data

The City furnished data for active and retired members as of July I, 20 II. Although we did not audit this

data, we did review it for reasonableness and consistency. Table 2A provides a distribution by age and

service for active members. Table 2B provides a distribution by age and gender for retired members and

beneficiaries.

Page 2THE CITY OF NEWPORT, RHODE ISLAND



III. Plan Provisions

A summary of the principal benefit provisions recognized for purposes of the valuation is provided in

Table 4. This summary reflects our understanding of the System's benefit provisions based upon

information provided to us by the City.

IV. Assets

The City provided us with the asset information used for purposes of this valuation. According to this

information, the market value of assets attributable to this plan was $43,69,3,248 as of July I, 2011,

compared to $35,525,199 as ofJuly 1,2010. For valuation purposes, assets are valued at market value. It is

our understanding that there are no contributions due for the fiscal year ending June 30, 20 II, which were

accrued as ofJune 30, 2011.

V. Actuarial Methods and Assumptions

The actuarial methods and assumptions employed in this valuation are outlined in Table 3. Primary

economic assumptions include 7.50% investment return (net of expenses) and 3.50% weighted-average

salary increases. The individual Entry Age Normal actuarial cost method has been used to determine

liabilities for funding purposes and to determine liabilities for financial disclosure purposes as required by

accounting standards. The mortality assumption uses mortality tables prescribed by the IRS for non

governmental pension plans, as specified in IRS Regulation 1.430(h)(3)-I. The mortality tables are applied

on a fully generational basis, meaning that continued mortality improvement is reflected. The assumed rate

for Cost ofLiving Adjustments is 3.00%.

Page 3THE CITY OF NEWPORT, RHODE ISLAND



VI. Funding Policy

It is our understanding that, beginning with the 1996-1997 fiscal year, the City adopted a funding policy

designed to include in its annual contribution an amount that reflects the amortization of the unfunded

actuarial accrued liability over a 30-year period. Beginning with the July I, 2002 valuation, the 30-year

period was reduced by one year and is being stepped down by one year for each valuation going forward.

This policy is intended to satisfy the requirements of GASB Statement No. 27.

Our recommended contribution for 2012-2013 is developed as the 20-year contribution for the fiscal year

of the valuation (2011-2012), projected forward with expected growth in covered payroll.

VII. Analysis of Valuation Results

Valuation results are summarized in Table lA, including a comparison to prior valuation results. Assets

are currently about 57% of accrued liabilities.

The Plan realized an actuarial gain of approximately $5.6 million for the Plan year. Liabilities had a loss of

$0.3 million, which was completely offset by a $5.9 million gain in assets. The Plan's gains and losses are

illustrated with more detail in Table ID.

In addition, several changes were implemented since the last valuation. The actuarial funding method was

changed from Projected Unit Credit to individual Entry Age Normal, and the asset method was changed

from 5 year smoothed actuarial value of assets to market value of assets. In addition, the mortality

assumptions were revised. The net effect of these changes was a $4,055,043 decrease in unfunded liability

and $416,886 increase in normal cost.

The normal cost illustrated in Table IA reflects the long-term cost of the plan absent underfunding. This

cost is about 23.5% ofcurrent payroll.


Date

Page 4

Report of the July 1,2011, Actuarial Valuatiou

This report fairly represents the actuarial position of the City of Newport Police Pension System as of

July 1, 2011, in accordance with generally accepted actuarial principles applied consistently with the

preceding valuation. In our opinion, the actuarial assumptions used to compute actuarial accrued liability

and normal cost are reasonably related to plan experience and to reasonable expectations, and represent our

best estimate of anticipated plan experience.


Daniel Sherman is an Associate of the Society of Actuaries, a Member of the American Academy of

Actuaries and meets the Qualification Standards of the Academy to render the actuarial opinions contained

herein. This report has been prepared in accordance with all applicable Actuarial Standards of Practice, and

we are available to answer questions concerning it.

Respectfully Submitted,

BUCK CONSULTANTS, LLC

Robert P. Lessard

Consultant

Daniel W. Sherman, ASA, MAAA, EA

Director, Consulting Actuary

It

••••..•It•••t••••••••••••••••••It•ItIt

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Page 5TABLEIA

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMVALUATION RESULTS

A. Membership Data July I, 2010' July I, 2011

I, Active Membersa, Number 78 77b. Expected covered payroll for fiscal

year beginning on the valuation date $ 4,972,175 $ 5,048,815c. Average pay $ 63,746 $ 65,569d, Average age 42.5 42,7e. Average service 15.4 15,1

2. Retired members and beneficiariesa, Number 116 118b. Aggregate annual pensiou $ 3,789,778 $ 4,088,826c, Average annual pension $ 32,670 $ 34,651d. Average age 67,8 67.7

3, Deferred vested membersa. Number 0 Ib. Aggregate annual pension N/A $ 24,240c. Average annual pension N/A $ 24,240d, Averageage N/A 42.9

B. Basic Valuation Results

I, Normal cost' $ 778,731 (15,7%) $ 1,185,085 (23.5%)

2. Actuarial accmed liabilitya. Active members $ 28,157,259 $ 25,743,812b. Retirees and Beneficiaries 46,709,589 50,575,217c. Deferred vested 0 251,746d. Total $ 74,866,848 $ 76,570,775

3. Valuation assets $ 42,240,992 $ 43,693,248

4. Unfunded actuarial accrued liability $ 32,625,856 $ 32,877,527

July 1,2011 to July 1,2012 toC, Development of Contribution June 30, 2012 June 30, 2013

1. Contribution for fiscal year ofvaluationa, Normal cost with interest $ 866,436 $ 1,318,555b. Amortization of unfunded actuarial

accrued liability 2,460,279 2,560,5482

c. Anticipated employee contributionswith interest (427,136) (417,131)

d, City contributionassumed deposited June 30 $ 2,899,579 $ 3,461,972

2. Monthly City contributionbeginning July 31 $ 233,703 $ 279,031

1 Percentages in parentheses represent amounts as percentages ofcovered payroll.2 Amortized over 20 years from the valuation date, with one-year interest adjustment, as a level percentage of payroll,

Page 6TABLElB

THE CITY OF NEWPl>RT, RHODE ISLAND POLICE PENSION SYSTEMSCHEDULE OF FUNDING PROGRESS

(I) (2) (3) (4) (5) (6) (7)

Unfunded UAALasaActuarial Actuarial Actuarial Percentage

Valuation Value of Accrued Accrued Funded Covered of CoveredDate Assets Liability Liability Status Payroll Payroll

(2) - (3) (2) / (3) (4)/(6)

June 30, 2002 28,060,710 65,986,217 (37,925,507) 42.53% 3,775,389 (100455%)June 30, 2003 29,217,703 67,277,252 (38,059,549) 43.43% 4,007,324 (949.75%)June 30, 2004 33,645,290 58,014,568 (24,369,278) 57.99% 4,383,668 (555.91 %)June 30, 2005 36,209,737 61,626,704 (25,416,967) 58.76% 4,527,283 (561.42%)June 30, 2006 39,118,1 17 62,635,048 (23,516,931) 62.45% ,4,757,61 I (494.30%)June 30, 2007 44,288,895 70,038,232 (25,749,337) 63.24% 4,752,900 (541.76%)June 30, 2008 41,952,553 68,177,847 (26,225,294) 61.53% 5,129,935 (511.22%)June 30, 2009 37,852,800 73,443,988 (35,591,188) 51.54% 4,990,094 (713.24%)June 30, 2010 42,240,992 74,866,848 (32,625,856) 56.42% 4,972,175 (656.17%)June 30, 201 I 43,693,248 76,570,775 (32,877,527) 57.06% 5,048,815 (65I.I9%)

The following exhibit forecasts the Annual Required Contribution and Funding Ratio under the adopted

funding schedule.

Note that the forecast is based upon an "open group" method. This method assumes that sufficient

employees will be hired each year to keep the number constant. The total payroll of the system is expected

to increase 3.5% per year. Payments are assumed to be made at the end of each year.

The employer total cost is expected to increase until the unfunded accrued liabilities are completely paid

off in 2032, at which time only the normal cost will remain.

Anticipated AnnualFiscal Year Amortization Employee Required Benefit Funded

Ending In Normal Cost of VAL Contributions Contribution Payments Ratio %2013 1,318,555 2,560,548 (417,I31) 3,461,972 4,399,231 59.7%2014 1,364,704 2,650,167 (431,731) 3,583,140 4,642,386 61.1%2015 1,412,469 2,742,923 (446,842) 3,708,550 4,953,343 62.4%2016 1,461,905 2,838,925 (462,481) 3,838,349 5,217,463 63.8%2017 1,513,072 2,938,287 (478,668) 3,972,691 5,450,968 65.3%2018 1,566,030 3,041,127 (495,421) 4,111,736 5,679,598 66.8%2019 1,620,841 3,147,566 (512,761) 4,255,646 5,899,783 68.4%2020 1,677,570 3,257,731 (530,708) 4,404,593 6,134,563 70.1%2021 1,736,285 3,371,752 (549,283) 4,558,754 6,351,594 71.9%2022 1,797,055 3,489,763 (568,508) 4,718,310 6,576,303 73.7%2023 1,859,952 3,611,905 (588,406) 4,883,451 6,808,962 75.7%2024 1,925,050 3,738,322 (609,000) 5,054,372 7,049,852 77.8%2025 1,992,427 3,869,163 (630,315) 5,231,275 7,299,265 80.1%2026 2,062,162 4,004,584 (652,376) 5,414,370 7,557,501 82.4%2027 2,134,338 4,144,744 (675,209) 5,603,873 7,824,873 85.0%2028 2,209,040 4,289,810 (698,841) 5,800,009 8,101,705 87.7%2029 2,286,356 4,439,953 (723,300) 6,003,009 8,388,330 90.5%2030 2,366,378 4,595,351 (748,616) 6,213,113 8,685,096 93.6%2031 2,449,201 4,222,044 (774,818) 5,896,427 8,992,361 96.9%2032 2,534,923 (801,937) 1,732,986 9,310,496 100.0%2033 2,623,645 (830,005) 1,793,640 9,639,886 100.0%

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TABLEIC

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMAPPROPRIATION FORECAST

Page 7

TABLElDPage 8

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMCHANGES IN UNFUNDED LIABILITY FOR FISCAL YEAR ENDING JUNE 30, 2011

($5,9 I8,226)

446,169

76,229

(I I 1,352)

(258,217)

(122,990)

388,524

320,782(451,702)

($5,630,783)

Investment

Salary Increases

New Participants

Continuing Actives

Active - Retirements

Active - Terminations

Active - Mortality

Active - Disabilities

Inactive - Mortality and data adjustments

Total (gain)/Ioss

In performing the actuarial valuation, various assumptions are made regarding such factors as mortality,

retirement, disability and withdrawal rates as well as payroll, salary increases and investment returns. A

comparison of the current valuation and the prior valuation is made to determine how closely actual

experience corresponded to anticipated occurrences. This analysis of the system provides insight into the

overall quality ofthe actuarial assumptions and helps explain any change in the annual appropriation.

During the last year, the total unfunded actuarial accrued liability increased by 0.8% to $32,877,527.

However, the plan experienced a gain of approximately $5.6 million. The main cause for the gain was that

investment returns exceeded expectations. The sources of the (gain)/Ioss are as follows:

In addition, changes in the actuarial funding method, asset funding method and mortality assumptions lead

to a $4,055,043 decrease in unfunded liability and $416,886 increase in normal cost.

•••••••••••••••••••••••••••• u ••••••••••••• ~~

-Page 9TABLE IE

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMDEVELOPMENT OF NPO FOR FISCAL YEAR ENDING JUNE 30, 2011

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Annual AnnualRequired Pension Cost Increase in End ofYear

Val. Int. Amortization Amortization Contribution Actual City Beginning of [(5)+(7)*(2)- NPO NPOFiscal Year Rate Years Factor' (ARC) Cont. yearNPO (7)/(4)] [(8)-(6)] [(7)+(9)]

1991-1992 8.00% 30 22.7490 1,638,878 1,858,911 (370,266) 1,625,533 (233,378) (603,644)

1992-1993 8.00% 30 22.7490 1,671,097 1,930,973 (603,644) 1,649,341 (281,632) (885,276)1993-1994 8.00% 30 22.7490 1,823,577 2,136,173 (885,276) 1,791,670 (344,503) (1,229,779)

1994-1995 8.25% 30 18.4393 2,103,989 2,226,085 (1,229,779) 2,069,225 (156,860) (1,386,639)1995-1996 8.25% 30 18.4393 2,279,943 2,322,898 (1,386,639) 2,240,745 (82,153) (1,468,792)1996-1997 8.25% 30 18.4393 2,426,242 1,793,369 (1,468,792) 2,384,722 591,353 (877,439)

1997-1998 8.25% 30 18.4393 2,547,554 2,759,907 (877,439) 2,522,750 (237,157) (1,114,596)1998-1999 825% 30 18.4393 2,274,548 3,137,686 (1,114,596) 2,243,040 (894,646) (2,009,242)

1999-2000 8.25% 30 18.4393 2,094,752 2,510,675 (2,009,242) 2,037,954 (472,721) (2,481,963)

2000-2001 8.25% 30 20.1557 1,696,189 2,703,167 (2,481,963) 1,614,567 (1,088,600) (3,570,563)2001-2002 825% 30 20.1557 1,985,197 2,273,062 (3,570,563) 1,867,775 (405,287) _(3,975,850)

2002-2003 8.25% 30 - 20.1557 2,099,345 2,698,300 (3,975,850) 1,968,594 (729,706) (4,705,556)

2003-2004 8.25% 29 19.6866 3,247,875 3,247,875 (4,705,556) 3,098,690 (149,185) (4,854,741)

2004-2005 8.25% 28 19.2064 3,389,486 3,889,486 (4,854,741) 3,241,737 (647,749) (5,502,490)

2005-2006 8.25% 27 15.8723 2,440,649 2,440,649 (5.,502,490) 2,333,367 (107,282) (5,609,772)

2006-2007 8.25% 26 15.5296 2,385,996 2,440,649 (5,609,772) 2,284,421 (156,228) (5,766,000)2007-2008 8.25% 25 14.8848 2,272,177 2,272,049 (5,766,000) 2,183,857 (88,192) (5,854,192)2008-2009 8.25% 24 14.5315 2,406,091 2,472,177 (5,854,192) 2,325,982 (146,195) (6,000,387)

2009-2010 8.25% 23 14.1638 2,470,822 2,670,822 (6,000,387) 2,399,432 (271,390) (6,271,777)

2010-2011 7.50% 22 14.1447 3,116,642 3,116,642 (6,271,777) 3,089,660 (26,982) (6,298,759)

3 Amortization factors used for periods prior to 2000-2001 did not retl~et future longevity or promotion pay increases.

TABLE2A

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMDISTRIBUTION OF ACTIVE MEMBERS AS OF JULY 1,2011

Page 10

Completed Years ofService

IAge Under 1 1 2 3 4 5t09 10 to 14 15 to 19 20 to 24 25 to 29 30 to 34 35 to 39 40 & un Total

No. No. No. No. No. No. No. No. No. No. No. No. No. No.

!under 25

~5 to 29 2 4 I 7

GO to 34 I 2 3 I 7

~5 to 39 I 7 3 II

140 to 44 2 8 8 2 20

5to49 I 3 10 I 15

50 to 54 I I 5 6 13

~5 to 59 I 1 2

60 to 64 1 I

65 to 69170 & up I I

h-otal 4 7 13 13 12 19 8 I 77

Average: AgeService

42.6615.09

Number ofparticipants: VestedNon-vested

5324

Page 11

TABLE2B

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMDISTRIBUTION OF RETIRED MEMBERS AND BENEFICIARIES AS OF JULY 1, 2011

Men WomenAge Number Amount Number Amount

Under40· 1 $8,94240-44 2 84,839 1 $43,02245-49 4 180,948 1 8,85950-54 2 113,30455-59 19 789,221 4 74,48560-64 15 652,352 4 86,25465-69 14 648,834 4 60,49470-74 12 476,874 2 51,712

75 1 66,106 1 25,23276 1 41,76877 1 38,964 1 11,1837879 2 42,76280 2 12,2668182 3 48,6988384 2 95,160 3 41,71685 1 43,122

I 86 1 12,068

I 87 4 134,077 1 17,41588 3 66,557

I 89 2 53,514I 90

~9192 1 28,991

I 93I 94

I 95 1 3,26096 1 21,102

I 97 1 4,725I 98

I 99100

•• 84 $3,499,778 34 $589,048

•• There is one member entitled to a deferred vested benefit.

•••~

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THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMACTUARIAL METHODS AND ASSUMPTIONS

Actuarial Cost Method:

Asset Valuation Method:

Actuarial Assumptions:

1. Interest

2. Salary Increases

3. Cost afLiving Increase

Page 12

TABLE 3

Individual Entry Age Normal actuarial cost method: Under thismethod, the actuarial present value of the projected benefits of eachindividual included in the valuation is allocated as a level percentageof the individual's projected compensation between entry age andassumed exit. The normal cost is the portion of the actuarial presentvalue allocated to the valuation year. For inactive members, theactuarial present value of projected benefits is equal to the PresentValue of Benefits. Inactive members do not have a normal cost. Theportion of this actuarial present value not provided for at thevaluation date by the sum of the actuarial value of the assets andactuarial present value of future normal costs is the unfundedactuarial accrued liability. The unfunded actuarial accrued liabilityrepresents the excess of the total actuarial accrued liability over thevaluation assets. .

The prior valuation used the Projected Unit Credit actuarial costmethod.

Market value, as reported by the City

The prior valuation reflected the 5 year smoothed actuarial value ofassets.

7.50% per year, net of investment expenses

3.00% per year plus longevity increases of 3.00% after seventh yearof employment and 0.50% for each year of employment thereafterthrough the thirty-first year of employment. No longevity increasesare assumed after the thirty-first year ofemployment.

3.00%

The 1985 Wyatt Pension Disability Table (unisex rates)

Assumed to be paid by the plan sponsor outside the trust

Page 13

Probability ofDisability0.17%0.290.721.21

Probability ofWithdrawal3.00%2.252.001.751.501.251.000.750.500.250.00

Probability ofRetirement5%2

4020

100

Years ofServiceless than I

I23456789

10 or more

AttainedAge25354555

TABLE 3(continued)

Rates ofdisability are based on an employee's age. Selected ages arelisted below. 100% of disabilities are assumed to be non-servicerelated.

The RP-2000 Combined Mortality Table was the mortalityassumption in the prior valuation.

Mortality tables prescribed by the IRS for non-governmental plans,as specified in IRS Regulation 1.430(h)(3)-I, applied on a fullygenerational basis

Rates ofwithdrawal are based on an employee's length ofservice, asfollows:

Years ofService2021-242526-34

35 or more

b. Disabled Members

4. Mortality

a. Healthy Members

5. Disability

6. Withdrawal

7. RetirementAge

8. Administrative Expenses

9. Benefit and Compensation Limits

10. Marriage / Dependents

II. Valuation Date

Page 14

TABLE 3(continued)

Benefit limits under Section 415 and compensation limits underSection 401(a)(l7) of the Internal Revenue Code are assumed tohave no impact on benefits earned under this plan.

75% of active police are assumed to be married. For all participants,wives are assumed to be three years younger than their husbands.For purposes of valuing the death benefit, unmarried members areassumed to have no dependent children at death.

July 1,2011

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMOUTLINE OF PRINCIPAL PLAN PROVISIONS

TABLE 4

July I, 1995

Members who have completed 20 years ofservice may retire.

Benefit as a Percentageofannual Salary

50%52.55557.56062.56465.56768.570

Years ofService20212223242526272829

30 or more

All members of the police department who contribute to thepension fund

Page 15

The annual benefit at retirement is equal to the percentage of annualsalary specified in the table below, plus $100 per year for each yearof service over 25 (maximum $1,000). For pension purposes, annualsalary includes regular and longevity pay.

Retirement benefits commence as of the first payroll period afterretirement.

The annual benefit calculated in accordance with the formula In (b)above is payable monthly for the remainder of the retired member'slife, with 67.5% of the member's benefit payable for the lifetime ofhis surviving spouse.

b. Benefit Formula

Most Recent Amendment

a. Eligibility

d. Form of Payment

c. Commencement Date

2. Eligibility'

3. Retirement

1. Effective Dates

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6. Non-vested TerminationofEmployment

Page 16

TABLE 4(continued)

Upon tennination ofemployment after i0 years of service a memberis eligible for a benefit deferred to retirement age.

2.5% of annual salary multiplied by full years of service attelmination

20th anniversary ofemployment

Same as retirement

No benefit prior to completion of 7 years of service. A member whois disabled with between 7 and 20 years of service is eligible toreceive disability retirement benefits.

Retirement because ofa job related mental or physical incapacity

50% ofannual salary

66-2/3% ofannual salary

Benefits commence as ofthe first payroll period after disability.

Same as retirement

A member who leaves employment prior to completjng 10 years ofservice will receive a lump sum payment of his accumulatedcontributions.

7. Death before Retirement- Survivor Annuity Benefits

a. Eligibility

b. Benefit Formula


d. Form ofPayment

8. Retiree Cost ofLiving Increase

9. Employee Contributions

Page 17

TABLE 4(continued)

Death while actively employed

Surviving spouse (or if none, dependent children) receives benefit of67.5% of annual salary, reduced pro rata if deceased member hadless than 20 years of service.

Benefits commence as of the first payroll period after death.

Monthly life annuity

Pensions for retirees (but not disabled retirees or beneficiaries) areindexed to the negotiated pay increases'for active police. Terminatedvested members receive 3% annual increases after benefitcommencement.

8% ofsalary

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEMGLOSSARY OF TERMS

1. Present Value ofBenefits

2. Actuarial Cost Method

3. ActuarialAssumptions

4. ActuarialAccruedLiability

5. Normal Cost

6. Assets

7. Unfunded ActuarialAccruedLiability

Page 18

TABLES

Represents the dollar value today of all benefits expected to beearned by current members if all actuarial assumptions are exactlyrealized.

The procedure that is used to allocate the present value of benefitsbetween the liability that is attributable to past service (ActuarialAccrued Liability) and that attributable to future service.

Estimates made as to the occurrence of certain events that determinethe level of benefits to be provided and how long they will beprovided. The more important actuarifll assumptions include theinvestment return on assets, salary increases and the rates ofturnover, disability, retirement and mortality.

The Present Value of Benefits reduced by the present value of futureNormal Costs.

That portion of the Present Value of Benefits that is attributable tobenefits to be earned in the coming year.

Market value of assets of the funds set aside though City andmember contributions to provide for benefits.

In the prior valuation, this value was represented by the actuarialvalue of assets, which creates a smoothed value of the market valueofassets by spreading asset returns over the last 5 years.

That portion of the Actuarial Accrued Liability not covered byAssets.

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Fire Pension System

Actuarial Valuation Report

Prepared as of july 1,2011

November 2011

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FIRE PENSION SYSTEM


TABLE OF CONTENTS

Page

I. Purpose and Summary I

II. Membership Data I

III. Plan Provisions 2

IV. Assets 2

V. Actuarial Methods and Assumptions 2

VI. Funding Policy 2

VII. Analysis of Valuation Results 3

Tables

IA Valuation Results 5

IB Schedule ofFunding Progress 6;

IC Appropriation Forecast 7

1D Changes in Unfunded Liability for Fiscal Year Ending June 30, 2011 8

IE Development ofNPO for Fiscal Year Ending June 30, 2011 9

2A Distribution of Active Members as of July 1,2011 10

2B Distribution ofRetired Members and Beneficiaries as of July 1,2011 II

3 Actuarial Methods and Assumptions...... 12

4 Outline ofPrincipal Plan Provisions 15

5 Glossary of Terms 18

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Page 1


FIRE PENSION SYSTEM

Report ofthe July 1,2011, Actuarial Valuation

I. Purpose and Summary

This report presents the results of our July 1,2011, actuarial valuation of the City of Newport, Rhode

Island Fire Pension System. The valuation was performed at the request of the City of Newport for

purposes of determining annual contribution levels for the City and to develop information regarding

actuarial liabilities required for the City's financial disclosures.

In summary, the recommended City contribution for the 2012-2013 fiscal year is $4,822,711, if.deposited in one lump sum on June 30, 2013. This contribution has been developed based on a 20-

year amortization of the unfunded actuarial liability. If the City would prefer to make monthly

contributious at the end of each month, it should contribute $388,705 ou July 31,2012 and on the

last day of each of the next eleven months.

The development of the valuation results is shown in Tables lA through 5 and is described in more detail

on the following pages.

The valuation reflects combined results for firefighters hired before and after July 1, 1984. It is our

understanding that prior to July 1, 1998, these groups were segregated with separate actuarial valuations

performed in alternate years.

IL Membership Data

The City furnished data for active and retired members as of July I, 2011. Although we did not audit this

data, we did review it for reasonableness and consistency. Table 2A provides a distribution by age and

service for active members. Table 2B provides a distribution by age and gender for retired members and

beneficiaries.

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Page 2


FIRE PENSION SYSTEM

Report ofthe July 1,2011, Actuarial Valuation

III. Plan Provisions

A summary of the principal benefit provisions recognized for purposes of the valuation is provided in

Table 4. This' summary reflects our understanding of the System's benefit provisions based upon

information provided to us by the City.

IV. Assets

The City provided us with the asset information used for purposes of this valuation. According to this

information, the market value of assets attributable to this plan was $32,832,334 as of July I, 2011,

compared to $27,072,586 as ofJuly 1,2010. For valuation purposes, assets are valued at market value. It is

our understanding that there are no contributions due for the fiscal year ending June 30, 2011, which were

accrued as ofJune 30, 2011.

V. Actuarial Methods and Assumptions

The actuarial methods and assumptions employed in this valuation are outlined in Table 3. Primary

economic assumptions include 7.50% investment return (net of expenses) and 3.20% weighted-average

salary increases. The individual Entry Age Normal actuarial cost method has been used to determine

liabilities for funding purposes and to determine liabilities for financial disclosure purposes as required by

accounting standards. The mortality assumption uses mortality tables prescribed by the IRS for non

governmental pension plans, as specified in IRS Regulation 1.430(h)(3)-I. The mortality tables are applied

on a fully generational basis, meaning that continued mortality improvement is reflected. The assumed rate

for Cost of Living Adjustments for those retired prior to August 26, 2011 is 3.00%. For those that retire on

or after August 26, 2011, the annual Cost of Living Adjustment will equal the Bureau of Labor Statistics

CPI for Northeast Urban Wage Earners but will not exceed 3.00% nor be lower than 0.50%.

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FIRE PENSION SYSTEM

Report of the July 1,2011, Actuarial Valuatiou

VI. Funding Policy

It is our understanding that, beginning with the 1996-1997 fiscal year, the City adopted a funding policy

designed to include in its annual contribution an amount that reflects the amortization of the unfunded

actuarial accrued liability over a 30-year period. Beginning with the July 1, 2002 valuation, the 30-year

period was reduced by one year and is being stepped down by one year for each valuation going forward.

This policy is intended to satisfy the requirements of GASB Statement No. 27.

Our recommended contribution for 2012-2013 is developed as the 20-year contribution for the fiscal year

of the valuation (2011-2012), projected forward with expected growth in covered payroll.

VII. Analysis of Valuation Results

Valuation results are summarized in Table lA, including a comparison to prior valuation results. Assets

are currently about 40% of accrued liabilities.

The Plan realized an actuarial gain of approximately $5.6 million for the Plan year. Liabilities had a gain

of $2.1 million, while assets accounted for a $3.5 million gain. The Plan's gains and losses are illustrated

with more detail in Table lD.

In addition, several changes were implemented since the last valuation. The actuarial funding method was

changed from Projected Unit Credit to individual Entry Age Normal, and the asset method was changed

from 5 year smoothed actuarial value of assets to market value of assets. Also, the employee contribution

rate and retirement eligibility changed for all actives, and the cost of living adjustment was changed for

members retiring on or after August 26, 2011. In addition, the mortality assumptions were revised. The net

effect of these changes was a $2,784,952 decrease in unfunded liability and $183,706 increase in normal

cost.

The normal cost illustrated in Table IA reflects the long-term cost of the plan absent underfunding. This

cost is about 23.9% of current payroll.

Date

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Page 4

This report fairly represents the actuarial position of the City of Newport Fire Pension System as of July I,

2011, in accordance with generally accepted actuarial principles applied consistently with the preceding

valuation. In our opinion, the actuarial assumptions used to compute actuarial accrued liability and normal

cost are reasonably related to plan experience and to reasonable expectations, and represent our best

estimate ofanticipated plan experience.


FIRE PENSION SYSTEM

Respectfully Submitted,

Daniel Sherman is an Associate of the Society of Actuaries, a Member of the American Academy of

Actuaries and meets the Qualification Standards of the Academy to render the actuarial opinions contained

herein. This report has been prepared in accordance with all applicable Actuarial Standards of Practice, and

we are available to answer questions concerning it.

Report of the July I, 20II, Actuarial Valuation

BUCK CONSULTANTS, LLC

Robert P. Lessard

Consultant

Daniel W. Sherman, ASA, MAAA, EA

Director, Consulting Actuary

THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEMVALUATION RESULTS

A. Membership Data July I. 2010 July 1,2011

I. Active Membersa. Number 88 84b. Expected covered payroll for fiscal

year beginning on the valuation date $ 4,996,160 $ 4,891,283c, Average pay $ 56,775 $ 58,230d. Average age 43.1 43.6e. Average service 13.6 14.0

2. Retired members and beneficiariesa. Number 114 117b. Aggregate auuual pension $ 4,494,909 $ 4,657,455c. Average annual pension $ 39,429 $ 39,807d. Average age 67.5 67.5

3, Deferred vested membersa. Number 1 1b. Aggregate auuual pensiou $ 18,456 $ 18,456c. Average annual pension $ 18,456 $ 18,456d. Average age 50.8 51.8

B. Basic Valuation Results

1. Normal cose $ 938,485 (18.8%) $ 1,167,259 (23.9%)

2. Actuarial accrued liability8. Active members $ 24,432,727 $ 22,242,609b. Retirees and Beneficiaries 57,476,525 60,531,947c. Deferred Vesteds 121.704 132,574d. Total $ 82,030,956 $ 82,907,130

3. Valuation assets $ 30,820,663 $ 32,832,334

4. Unfunded actuarial accrued liability $ 51,210,293 $ 50,074,796

July 1,2011 to July 1,2012 toC. Developmeut ofContribution June 30, 2012 June 30. 2013

I. Contribution for fiscal year ofvaluation

a. Normal cost with interest $ 1,041,155 $ 1,294,957b. Amortization ofunfuuded actuarial

accrued liability 3,947,536 3,982,3092

c. Anticipated employee coutributionswith interest (427,950) (454,555)

d. City contributiouassumed deposited June 30 $ 4,560,741 $ 4,822,711

2. Monthly City coutributionbegiuuing July 31 $ 367,591 $ 388,705

•ItIl)Il)Il)

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TABLEIA

I Percentages in parentheses represent amounts as percentages ofcovered payroll.2 Amortized over 20 years from the valuation date, with oue-year interest adjustment, as a level percentage ofpayroll.

PageS

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Page 6TABLEIB

THE ClTY OF NEWPORT, RHODE ISLAND FffiE PENSION SYSTEMSCHEDULE OF FUNDING PROGRESS

(1) (2) (3) (4) (5) (6) (7)

Unfunded UAALasaActuarial Actuarial Actuarial PercentageValue of Accrued Accrued Funded Covered of Covered

Valuation Date Assets Liability Liability Status Payroll Payroll(2) - (3) (2) / (3) (4)/(6)

June 30, 2002 15,992,660 57,208,592 (41,215,932) 27.95% 4,639,918 (888.29%)June 30, 2003 17,726,942 61,509,869 (43,782,927) 28.82% 4,763,438 (919.15%)June 30, 2004 21,427,871 64,260,714 (42,832,843) 33.35% 4,957,989 (863.92%)June 30, 2005 24,426,065 66,806,255 (42,380,190) 36.56% 4,922,941 (860.87%)june 30, 2006 27,413,402 68,671,042 (41,257,640) 39.92% 4,827,849 (854.58%)June 30, 2007 31,256,401 72,036,981 (40,780,580) 43.39% 5,224,518 (780.56%)June 30, 2008 29,605,715 74,885,370 (45,279,655) 39.53% 4,967,895 (911.45%)June 30, 2009 27,980,459 78,870,565 (50,890,106) 35.48% 4,910,434 (1036.37%)June 30, 2010 30,820,663 82,030,956 (51,210,293) 37.57% 4,996,160 (1024.99%)June 30, 2011 32,832,334 82,907,130 (50,074,796) 39.60% 4,891,283 (1023.76%)

TABLEICPage 7

THE CITY OF NEWPORT, RHODE ISLAND FiRE PENSION SYSTEMAPPROPRIATION FORECAST

The following exhibit forecasts the Annual Required Contribution and Funding Ratio under the adopted

funding schedule.

FundedRatio %

43.1%44.9%46.9%48.9%51.0%53.2%55.5%57.9%60.4%63.1%65.9%68.9%72.0%75.3%78.9%82.6%86.7%90.9%95.5%

100.0%100.0%

BenefitPayments

4,941,4455,141,7955,388,3495,559,3865,728,2145,957,9196,212,7406,433,3966,668,3146,890,2527,138,9117,443,4537,728,4977,971,9268,223,0228,482,0288,749,1919,024,7709,309,0289,602,2409,904,687

AnnualRequired

Contribution4,822,7114,977,0385,136,3045,300,6655,470,2865,645,3355,825,9866,012,4176,204,8146,403,3686,608,2766,819,7417,037,9737,263,1887,495,6107,735,4707,983,0058,238,4627,918,4071,528,9791,577,906

AnticipatedEmployee

Contributions(454,555)(469,101)(484,112)(499,604)(515,591)(532,090)(549,117)(566,689)(584,823)(603,537)(622,850)(642,781)(663,350)(684,577)(706,483)(729,090)(752,421)(776,498)(801,346)(826,989)(853,453)

Amortizationof VAL

3,982,3094,109,7434,241,2554,376,9754,517,0384,661,5834,810,7544,964,6985,123,5685,287,5225,456,7235,631,3385,811,5415,997,5106,189,4306,387,4926,591,8926,802,8336,436,838

Normal Cost1,294,9571,336,3961,379,1611,423,2941,468,8391,515,8421,564,349

1,614,408 '1,666,0691,719,3831,774,4031,831,1841,889,7821,950,2552,012,6632,077,0682,143,5342,212,1272,282,9152,355,9682,431,359

Note that the forecast is based upon an "open group" method. This method assumes that sufficient

employees will be hired each year to keep the number constant. The total payroll of the system is expected

to increase 3.2% per year. Payments are assumed to be made at the end of each year.

Fiscal YearEnding In

201320142015201620172018201920202021202220232024202520262027202820292030203120322033

The employer total cost is expected to increase until the unfunded accrued liabilities are completely paid

off in 2032, at which time only the normal cost will remain.

,••••••••••••••••••"""""I'I'I'I'I'1ft

----......••••••~~•

TABLElDPage 8

THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEMCHANGES IN UNFUNDED LIABILITY FOR FISCAL YEAR ENDING JUNE 30, 2011

In addition, changes in the actuarial funding method, asset funding method, employee contribution rate,

retirement eligibility, cost of living increase and mortality assumptions lead to a $2,784,952 decrease in

unfunded liability and $183,706 increase in normal cost.

($3,495,446)

(227,824)

o(13)

441,264

(37,920)

678,333

(192,802)

(2.807,811)

($5,642,219)

Investment

Salary Increases

New Participants

Continuing Actives

Active - Retirements

Active - Tenninations

Active - Mortality

Active - Disabilities

Inactive - Mortality and data adjustments

Total (gain)/loss

In perfonning the actuarial valuation, various assumptions are made regarding such factors as mortality,

retirement, disability and withdrawal rates as well as payroll, salary increases and investment returns. A

comparison of the current valuation and the prior valuation is made to determine how closely actual

experience co~esponded to anticipated occurrences. This analysis of the system provides insight into the

overall quality of the actuarial assumptions and helps explain any change in the annual appropriation.

During the last year, the total unfunded actuarial accrued liability decreased by 2.2% to $50,074,796. A

major cause for the decrease was that investment returns exceeded expectations. The sources of the

(gain)/Ioss are as follows:

•••••ItItItItItItItItItItItItItIt

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~~~~~~~~~~~~~-----------------------_ .Page 9

TABLE IE

THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEMDEVELOPMENT OF NPO FOR FISCAL YEAR ENDING JUNE 30, 2011

(I) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Annual AnnualRequired Pension Cost Increase in End ofYear

Val. Int. Amortization Amortization .Contribution Actual City Beginning of [(5)+(7)*(2)- NPO NPOFiscal Year Rate Years Factor' (ARC) Cont yearNPO (7)/(4)] [(8)-(6)] [(7)+(9)]

1991-1992 8.00% 30 22.7490 1,877,443 1,106,106 2,713,605 1,975,246 869,140 3,582,745

1992-1993 8.00% 30 22.7490 2,059,946 1,384,427 3,582,745 2,189,076 804,649 4,387,394

1993-1994 8.00% 30 22.7490 2,225,668 1,551,116 4,387,394 2,383,799 832,683 5,220,077

1994-1995 8.25% 30 18.4393 2,576,363 1,736,686 5,220,077 2,723,925 987,239 6,207,316

1995-1996 8.25% 30 18.4393 2,709,621 1,990,018 6,207,316 2,885,090 . 895,072 7,102,388

1996-1997 8.25% 30 18.4393 2,919,663 2,760,163 7,102,388 3,120,434 360,271 7,462,659

1997-1998 8.25% 30 18.4393 3,065,646 3,032,805 7,462,659 3,276,601 243,796 7,706,455

1998-1999 8.25% 30 18.4393 2,961,385 3,189,318 7,706,455 3,179,231 (10,087) 7,696,368

1999-2000 8.25% 30 18.4393 3,003,673 3,860,777 7,696,368 3,221,234 (639,543) 7,056,825

2000-2001 8.25% 30 20.1557 3,281,802 3,567,527 7,056,825 3,513,874 (53,653) 7,003,172

2001-2002 8.25% 30 20.1557 3,106,881 3,977,470 7,003,172 3,337,189 (640,281) 6,362,891

2002-2003 8.25% 30 20.1557 3,285,527 4,062,000 6,362,891 3,494,779 (567,221) 5,795,670

2003-2004 8.25% 29 15.7354 3,317,767 3,317,767 5,795,670 3,427,590 109,823 5,905,493

2004-2005 8.25% 28 15.4540 4,118,543 5,118,543 5,905,493 4,223,612 (894,931) 5,010,562

2005-2006 8.25% 27 15.0842 3,543,234 3,543,235 5,010,562 3,624,432 81,197 5,091,759

2006-2007 8.25% 26 14.7817 3,352,662 3,543,234 5,091,759 3,428,268 (114,966) 4,976,793

2007-2008 8.25% 25 14.4659 3,291,226 3,291,234 4,976,793 3,357,775 66,541 5,043,334

2008-2009 8.25% 24 14.1363 3,310,557 3,491,226 5,043,334 3,369,867 (121,359) 4,921,975

2009-2010 8.25% 23 13.7923 3,781,258 3,981,258 4,921,975 3,830,457 (150,801) 4,771,174

2010-2011 7.50% 22 13.7826 4,359,109 4,359,109 4,771,174 4,370,773 11,664 4,782,838

, Amortization factors used for periods prior to 2000-200I did not reflect future longevity or promotion pay increases.

sssss~~~ ••••••••••••••••••••••••••••••••••••

Page 10TABLE2A

THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEMDISTRIBUTION OF ACTIVE MEMBERS AS OF JULY I, 2011

Completed Years ofServiceAe:e Under 1 1 2 3 4 5 t09 10 to 14 15 to 19 20 to 24 25 to 29 30 to 34 35 to 39 40 & UlJ Total

No. No. No. No. No. No. No. No. No. No. No. No. No. No.~nder25 .~5 to 29 2 1 3~Ot034 3 4 3 10~5 to 39 I 4 7 12'10 to 44 2 I 2 10 5 20'15 to 49 I 2 3 6 4 1650 to 54 I 3 5 5 I IS55 to 59 2 2 I I 660 to 64 I I 205 to 69rO&uptrotal 4 7 13 26 18 11 2 2 1 84

Average: AgeService

43.6314.04

Number ofparticipants: VestedNon-vested

6024

.It

.It

.It

.ItPage 11

.It TABLE2B

.It THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEM

.It DISTRIBUTION OF RETIRED MEMBERS AND BENEFICIARIES AS OF JULY 1,2011

.ItMen Women.- Age Number Amount Number Amount...- Under 40

.- 40-44 1 $36,735 1 $30,42445-49.. 50-54 6 294,370

It 55-59 15 735,903 1 26,123.. 60-64 25 1,172,970 2 44,00765-69 24 1,004,608 4 79,395.. 70-74 6 262,002 1 21,815.. 75 1 55,684.. 76 2 33,669

77.. 78 3 125,647 1 21,729.. 79 1 6,655.. 80 2 102,648 1 28,09081 1 60,463 1 24,932.. 82 1 34,936.. 83 2 94,985 2 58,31484 2 70,640 3 64,713.. 85 2 68,953 2 10,000.. 86 1 28,594.. 87 2 42,03388.. 89.. 90.. 91 1 16,41892.. 93.. 94.. 9596.. 97.. 98.. 99100..

/I 92 $4,149,138 25 $508,317

/I/I There is one member entitled to a deferred vested benefit.

/IItItItIt

THE CITY OF NEWPORT, RHODE ISLAND FIRE PENSION SYSTEMACTUARIAL METHODS AND ASSUMPTIONS

••••••,.•,.•••,.••••••••••••••••••••••••••••••,.

Actuarial Cost Method:

Asset Valuation Method:

Actuarial Assumptions:

1. Interest

2. Salary Increases

3. Cost ofLiving Increase

Page 12

TABLE 3

Individual Entry Age Normal actuarial cost method: Under thismethod, the actuarial present value of the projected benefits of eachindividual included in the valuation is allocated as a level percentageof the individual's projected compensation between entry age andassumed exit. The normal cost is the portion of the actuarial presentvalue allocated to the valuation year. For inactive members, theactuarial present value of projected benefits is equal to the PresentValue ofBenefits. Inactive members do not have a normal cost. Theportion of this actuarial present value not provided for at thevaluation date by the sum of the actuarial value of the assets andactuarial present value of future normal costs is the unfundedactuarial accrued liability. The unfunded actuarial accrued liabilityrepresents the excess of the total actuarial accrued liability over thevaluation assets.

The prior valuation used the Projected Unit Credit actuarial costmethod.

Market value, as reported by the City

The prior valuation reflected the 5 year smoothed actuarial value ofassets.

7.50% per year, net of investment expenses

3.00% per year plus longevity increases of 3.00% after seventh yearof employment and 0.50% for each year of employment thereafterthrough the thirty-first year of employment. No longevity increasesare assumed after the thirty-first year ofemployment.

Members retired priorto August 26, 2011: 3.00%

Members retired on or after August 26, 2011: Bureau of LaborStatistics CPI for Northeast Urban Wage Earners, not exceeding3.00% or less than 0.50%

The increase assumption for all members was 3.00% in the priorvaluation.

The 1985 Wyatt Pension Disability Table (unisex rates)

Assumed to be paid by the plan sponsor outside the trust

Page 13

TABLE 3(continued)

Probability ofDisability0.17%0.290.721.21

Probability ofWithdrawal3.00%2.252.001.751.501.251.000.750.500.250.00

Probability ofRetirement5%2

4020

100

Years ofServkeless than 1

123456789

10 or more

Years ofService2021-242526-34

35 or more

AttainedAge25354555

Mortality tables prescribed by the IRS for non-governmental plans,as specified in IRS Regulation 1.430(h)(3)-I, applied on a fullygenerational basis

Rates ofdisability are based on an employee's age. Selected ages arelisted below. 90% ofdisabilities are assumed to be service related.

The RP-2000 Combined Mortality Table was the mortalityassumption in the prior valuation.

Rates ofwithdrawal are based on an employee's length ofservice, asfollows:

a. Healthy Members

b. Disabled Members

4. Mortality

5. Disability

6. Withdrawal

7. Retirement Age

8. Administrative Expenses

"•••••III

••••••••••••••••••••••••••••••••,.,.,.

9. Benefit and Compensation Limits

10. Marriage / Dependents

II. Valuation Date

Page 14

TABLE 3(continued)

Benefit limits under Section 415 and compensation limits underSection 401(a)(l7) of the Internal Revenue Code are assumed tohave no impact on benefits earned under this plan.

90% of active firefighters are assumed to be married. For allparticipants, wives are assumed to be three years younger than theirhusbands. For purposes of valuing the death benefit, unmarriedmembers are assumed to have no dependent children at death.

July I, zon

THE CITY OF NEWPORT, RHODE ISLAND FffiE PENSION SYSTEMOUTLINE OF PRINCIPAL PLAN PROVISIONS

TABLE 4

July 1,2002

All firefighters who contribute to the pension fund

Benefit as a Percentageofannual Salary

50%52545658656667686970

Years ofService20212223242526272829

30 or more

Members retired prior to July I, 20 II: 20 years of service

In the prior valuation, retirement eligibility for all members was 20years of service.

Members retired on or after July I, 20II: earlier ofattainment of age58 or completion of 30 years ofservice

Page 15

The annual benefit at retirement is equal to the percentage of annualsalary specified in the table below, plus $100 per year for each yearof service over 25 (maximum $1,000). For pension purposes, annualsalary includes regular and longevity pay.

Retirement benefits commence as of the first payroll period afterretirement.

The armuaI benefit calculated in accordance with the formula in (b)above is payable monthly for the remainder of the retired member'slife, with 67.5% of the member's benefit payable for the lifetime ofhis surviving spouse.

Most Recent Amendment

b. Benefit Formula

a. Eligibility

d. Form ofPayment


2. Eligibility .

1. Effective Dates

3. Retirement

II'

•••••••••••••••••••••,.,.,.•,.,.,.,.,."•••••"""""""

..••••••• 4. Vested Termination

• a. Eligibility

•• b. Benefit Fonnula

•• c. Commencement Date

•• d. Fonn ofPayment

•• 5. Disability Retirement

• a. Eligibility

•• b. Benefit Fonnula

• 1. Non-Service Related•••• 2. Service Related,.3. Regular Retirement,.,.

c. Commencement Date,.,. d. Fonn ofPayment,.,. 6. Non-vested TerminationofEmployment,.,.,.,.,.,.,.,.,.,.,.,.

Page 16

TABLE 4(continued)

Upon tennination of employment after 10 years of service a memberis eligible for a benefit deferred to retirement age.

2.5% of annual salary multiplied by full years of service attennination

25th anniversary ofemployment

Same as retirement

A member who is retired because of mental or physical incapacity iseligible to receive disability retirement benefits.

If a member has fewer than 10 years of service, benefit is 25% ofannual salaty. If a member has more than 10 years of service,benefit is 25% of annual salary plus an additional 2.5% of salary foreach year over 10, up to a maximum of62.5% ofsalary.

Benefit is 66-2/3% ofannual salary

If an employee has 25 or more years of service at disability, hispension will be the greater ofthe disability or retirement pension.

Benefits commence as ofthe first payroll period after disability.

Same as retirement

A member who leaves employment prior to completing 10 years ofservice will receive a lump sum payment of his accumulatedcontributions.

.•••••••••••••••••••••••••••••••••••••••••••

7. Death before Retirement- Survivor Annuity Benefits

a. Eligibility

b. Benefit Fonnula


d. Fonn ofPayment

8. Retiree Cost ofLiving Increase

9. Employee Contributions

Page 17

TABLE 4(continued)

Death while actively employed

Surviving spouse (or if none, dependent children) receives benefit of67.5% of annual salary, reduced pro rata if deceased member hadless than 20 years ofservice.

Benefits commence as ofthe first payroll period after death.

Monthly life annuity

Members retired prior to August 26, 201l:Pensions for retirees anddisabled retirees (but not beneficiaries) are indexed to the negotiatedpay increases for active firefighters. Tenninated vested membersreceive 3% annual increases after benefit commencement.

The above provision was in place for all members in the priorvaluation.

Members retired on or after August 26, 20II: For those entitled toannual increases, they will equal the Bureau of Labor Statistics CPIfor Northeast Urban Wage Earners but will not exceed 3% nor belower than 0.5%.

9% ofsalary

The rate ofemployee contributions in the prior valuation was 8%.

THE CITY OF NEWPORT, RHODE ISLAND FmE PENSION SYSTEMGLOSSARY OF TERMS••••••••••••....

••••••••••••••••••••••••

1. Present Value ofBenefits

2. Actuarial Cost Method

3. ActuarialAssumptions

4. ActuarialAccruedLiability

5. Normal Cost

6. Assets

7. UnfundedActuarialAccruedLiability

Page 18

TABLES

Represents the dollar value today of all benefits expected to beearned by current members if all actuarial assumptions are exactlyrealized.

The procedure that is used to allocate the present value of benefitsbetween the liability that is attributable to past service (ActuarialAccrued Liability) and that attributable to future service.

Estimates made as to the occurrence ofcertain events that detenninethe level of benefits to be provided and how long they will beprovided. The more important actuarial assumptions include theinvestment return on assets, salary increases and the rates ofturnover, disability, retirement and mortality.

The Present Value ofBenefits reduced by the present value offutureNormal Costs.

That portion of the Present Value of Benefits that is attributable tobenefits to be earned in the coming year.

Market value of assets of the funds set aside though City andmember contributions to provide for benefits.

In the prior valuation, this value was represented by the actuarialvalue of assets, which creates a smoothed value of the market valueofassets by spreading asset returns over the last 5 years.

That portion of the Actuarial Accrued Liability not covered byAssets.

Silvia, Kathy

From:Sent:To:Cc:

SUbject:Attachments:

Kyle F Hence [[email protected]]Monday, November 28,2011 5:11 PMSilvia, KathyWaluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; Naomi Neville; HarryWinthrop; McLaughlin, Justin; Leonard, Kathryn E.Open Letter regarding proposed Queen Anne Square Re-developmentOpen Letter to Mayor reo Queen Anne Square.pdf; ATT198447.htm

Honorable Mayor Walukand Members of the City Council43 BroadwayNewport RI 02840

Reflections on the Backlash to Maya Lin's Re-design for Queen Anne Square·-An Open Letter to the Newport Communityby Kyle F. Hence

Dear Honorable Mayor Waluk and Members of the City Council:

To this observer, the debate over Queen Anne Square has become a distraction from Newport's more pressing needs. To wit: healthylocal food, the hungry or 'food insecure' (ie. all of us) and homelessness.

Last month I organized the Food & Farming Forum at CCRI in Newport. As a long time Newporter with family roots stretching back tothose who joined Anne Hutchison's move to the Island, I was proud of my community's turnout and its understanding of the importanceof local food to our island's health, economic and otherwise.

Marilyn Warren, head of the Martin Luther King Center, spoke of the growing number of families turning to the Center's food pantry. (Up20+% monthly!) Fann Fresh RI folks then spoke with Marilyn about how they could help bring more fresh food to the needy. These areconversations worth having in our city; projects clearly deserving of financial support from those who can invest, give, or allocate, if youare a city councilor, .

The Maya Lin 'gift' in its many facets offers a disturbing refiection of the sometimes misdirected thinking and inflated influence of theminority who support it; if you will, the 1%. Here's Why:

First, from day one leading advocates for the redesign have used scare tactics referring to the purported threat posed by the homelesswho have slept within a small plot of bushes in the park. Instead of pushing to resolve homelessness, re-design advocates haveemployed the specter of the homeless to spook Newporters into supporting a famous designer's vision. Now I'm well accustomed to biggovernment employing fear to advance its agenda but a small local foundation doing so, pushing aside more essential local issues,short changes the city and insults our intelligence.

Second, the plan being championed by private parties includes the installation of two public surveillance cameras. We are being askedto roll out the red carpet for Big Brother just because Maya Lin is coming to town. Is crime really such a grave probiem in Queen AnneSquare that we need security cameras to keep an ever-present watch? Calls to the police department about problems in the Squareamount to .003% of all calls. I say 'no' to Big Brother cams in the heart of the waterfront.

Third through sixth: Opponents to the Maya Lin plan have put forward alternate, more sensible and frugal additions to the Park(inexpensive benches and lighting for example). Others have pointed to the unsuccessful Maya Lin installation in Ohio as a warning.And some have lucidly challenged the artistic and historic merit of a plan that replaces Doris Duke's vision with another that cuts downbeautiful mature trees she planted. There is also the issue of faux foundations in an historic district. Each has added a cogent voice inthis debate.

However, my larger concern is that a seemingly detached minority, in thrail to a famed designer, are distanced from more grave andreal local concerns and all too willing to stoke fears, and propose Big Brother solutions In the heart of downtown. Worse, they insist onpromoting a flawed 'monument' of mediocre merit as a money magnet. I've been asked insistently, "How can we say no, it's a gift?"

I am standing up to respectfully reject this gift. I object to the notion that big money or big names should trump the will of the people,thus denigrating their thinking about local priorities. If the well-intended donors truly want to serve our community I can think of threegrowing concerns among many others deserving of the level of funding and focus the Maya Lin project has engendered: First, localfood (a State economy 'beacon'). Second, hunger. Third, homelessness. In these we'll find true community restoration worthy of widersupport, adoption and justified passion! If just a fraction of the energy being invested in this controversy, not to mention the funding,were redirected, think of what good would comei

1

If you agree please say so and let your feelings and thoughts be known. Help us shift to more urgent concerns. My hope is that our CityCouncilors will agree and vote to reject the Maya Lin plan. If they do not we may have to take to the streets to protect our park andrealign our priorities.

Kyle F. Hence

http·.Ilwww.whbf.com/storvI16058703/Proposed-redesign-of-ri-park-prompts-backlash

Contact:[email protected] King Rd.401-935-7715

O'

2

,i

NOV - 7 2011Anne DuBoseJoslin

7 November 20ll

Kathy Silvia, Clerk of the City of Newport RI:

Due to the fact that RESOLUTION OF THE COUNCIL No. 2011·070 is based on nothingbut faulty assumptions, premises and presumptions, said RESOLUTION of the Councilshould be found non-binding and Invalid and should be struck null and void immediately.

On May 25, 20ll the City of Newport RESOLUTION of the Council No. 20ll-070 passed with anaffirmative vote by six (6) of seven (7) council persons: Walluk, Duncan, Leonard, McLaughlin, Neville,and Winthrop; Napohatano's name is omitted. Resting upon four assumptions, such RESOLUTIONconcerning Newport's Queen Anne Square Park and the Newport Restoration Foundation concludeswith a RESOLVED that "The city of Newport welcomes the opportunity to partner with the NRF/DDCFin executing this project and commits the city to work with them in support of its implementation." Dueto the numerous untruths contained within the statements outhned in the submitted RESOLUTION, itwould be unacceptable and illogical for the Council to continue9iio to support this proposal.

The first of the assumptions in the RESOLUTION states that Doris Duke was a champion for historicpreservation in the City of Newport, restoring more than eighty (80) colonial homes and founding the

Newport Restoration Foundation. Partially True. The houses were not all colonial homes. Eighty(80) homes, yes, however, a significant number (twenty or more) of the NRF houses are late 18th centuryor 19th century therefore cannot be considered "colonial."

Another assumption in the RESOLUTION is that in 1978, Doris Duke donated through the NRF theparcel of land known today as Queen Anne Square to the City of Newport for use as a public park.

Not True. Neither Doris Duke nor the NRF were ever the owners of the park locale. In 1978, Ms. Dukedid deed three properties to the Newport Redevelopment Agency, one on Thames Street and two onChurch Street, just over 6,000 square feet or 3% of the 1.75 acre park. In return, the Agency, whichowned the park land, deeded to Ms. Duke a Mill Street property of over 5,000 square feet and borderingQueen Ann Park; it is owned and leased by the NRF today. Only at the discretion of the Agency and withthe collaboration ofTrinity Church was Ms. Duke given full authority to create the park she desired;however, she had never "donated" any property. In 1981, it was the Redevelopment Agency that deededQueen Anne Square (Queen Ann Park) to the City, years after Duke had completed her redesign effort.

,The May 25, 20ll RESOLUTION also states that the NRF with its newly created Doris Duke MonumentFoundation (DDMF) worked with artist Maya lin and landscape designer Edwina VonGal to create adesign proposal for a monument to Doris Duke and historic preservation with related landscape design.

Not True. At this writing, neither the written proposal nor landscape schematic has been delivered tothe city residents, city manager or city solicitor for analysis. It seems unreasonable that the City Councilwould pass a RESOLUTION whereby not one document or desigo was submitted in advance for Councilstudy (an artistic rendering is insufficient). The City Council could not possibly know the intentions ofthe NRF if the NRF is incapable ofproducing the proper materials to support their claims. The CouncilRESOLUTION vote was impulsive, irresponsible and without concern for its constituents.

During the past six months, the residents of the City have had nothing to see or read so that they may askquestions and make appropriate comments; the plans have been held hostage thereby eliminaring thenecessary input from the public. City Council members have held only one open workshop, in midAugust, which was just another opportunity for the NRF to pontificate the benefits of their platform. Atthis event the executive director, Peiter Roos, did not present one piece of tangible evidence relating tothe design proposal; his sixty (60) presentations have been no more than supposition and fabrication.

The RESOLUTION further states that the NRF and its Monument Committee offers to "Install andmaintain the park based on similar public-private partnerships such as the City and Friends of BallardPark, where a private non-profit associated with the original donations of land maintain an interest in

improvements and maintenance of a specific City park." Not True. Carol Ballard was not "associated"with the land she bequeathed to Newport in 1990, she owned all of it. And as previous title-holder andgenerous benefactor, she had every justification to form a board, Friends of Ballard Park, to protectagainst any future alterations of her nature preserve. Never owning any of the city park acreage exceptfor one residence, Doris Duke had no property to give and when she completed her design effort, her partof the project was over. The Redevelopment Agency, not the NRF, gifted the park to the people. TheNRF has invented a non-existent relationship between Duke and Queen Anne Square. After thirty (30)years with no association to the park whatsoever, it is absurd to allow the NRF trustees to seize redesignand management control over a city-owned park based on a RESOLUTION filled with falsehood. TheCity of Newport and its Council must terminate its previous resolve to support the NRF in its proposal.

Due to the fact that RESOLUTION OF THE COUNCIL No. 2011-070 is based on nothingbut faulty assumptions, premises and presumptions, said RESOLUTION of the Councilshould be found non-binding and invalid and should be struck null and void immediately.

Sincerely, .

h~~Anne DuBoseJoslin

26 Brinley Street

Newport RI 02840

Cc:

Mayor of the City

Manager of the City

Solicitor of the City

Director of Public Services of the City

Director of Planning and Development of the City

Chair Historic District Commission

Chair Newport Tree Commission

Chair Zoning Board of Review

Chair Redevelopment Agency

Director of Zoning &; Inspections of Ciry

Silvia, Kathy

From:Sent:To:

Subject:Attachments:

andrew segal [[email protected]]Monday, November 28, 2011 10:43 PMWaluk,Stephen; Harry Winthrop; Napolitano, Jeanne-Marie; Leonard, Kathryn E.; Silvia,Kathy; [email protected]; [email protected]; Naomi Neville; Fay, Pat;Justin McLaughlin; Steve Waluk; Charles Y. DuncanQueen Anne Square Plans and SpecificationsCrime Facts Regarding QAS.docx

Dear Mayor and City Council Members,

We trust due process for the Public will be executed by the City Council, and the Plansand Specs will be available at least one week in advance of the Public Workshop, andyou provide a Third Party to conduct a "Workshop Like Forum" on December 7Th, 2011.Anything less than that would be a compromise on behalf of the City of Newport.

Having a presentation by the NRF is welcome, but using a neutral moderator to field andanswer questions is more in line with the Public process and the perception of a fair andjust Workshop.

Sincerely,

Andrew SegalNewport, RI

1

The Facts Regarding Crime in Newport's Queen Anne Square

Some City Council Members justify that the installation of the proposed NewportRestoration Foundation (NRF) Maya Lin redesign of Queen Anne Square (QAS) willreduce crime.

No one can accurately predict the outcome.

I requested a copy of the same study document the Council received from theNewport Police Department. It prOVided a breakdown of the crimes and calls to QASover the period of 01/01/2006 to 10-22/20110.

Findings:

There were 225 Police Service Calls (dispatches) to QAS over 58 months.Dispatches only refer to the response of the Police to QAS to inquire about apotential incident. Only 122 calls of those dispatched resulted in Verified QASincidents. Approximately 80% of those calls related to disorderly conduct, simpleassault, traffic, and alcohol possession. Most of those calls were non-punishablecrimes.

Over the 58 month period the Verified Incidents breakdown as follows:

(3) Robbery

(14) Simple Assault

(1) Intimidation

(2) All other Larceny

(2) Destruction/DamagejVandalism

(5) Drug/Narcotic Violation

(1) Weapon Law Violation

(27) Disorderly Conduct

(12) Liquor Law Violation

(43) All Other Offenses

(12) Traffic, Town By-Law Offenses

The plan to replace existing Gas Lighting with electric lights and lighting within theFoundations with tables and chairs to hang out, QAS will invite a major increase infolks gatherings after bar closings. The accompanying noise, litter, property

defacement and possible altercations, all of which is minimal without the Maya Lindesigned additives will increase. Like moths attracted to lights, the bar flies willfind their way into lighted Ghost Foundations as havens, which currently do notexist in QASj.

If the Park officially closes at 9:00p, how many additional Tax Dollars will beneeded in the future to patrol and respond, monitor and control Police SurveillanceCameras in QAS when the NRF revamping is completed? We are told the LinDesign comes with no additional cost to Tax Payers!

In conclusion, over the Study Period conducted there were 186,000 total PoliceService Calls in the entire City of Newport. QAS represented only.0012% of allthose calls, and less than 50% of those calls or .0006% were Verified Incidents.

The insignificant, seemingly benign numbers that the Council is using to justify adrastic change to the existing QAS to reduce crime has little or no merit, as doesthe "we can't refuse a "Gift" argument", or "the Park needs improvement."

It is unacceptable to change anything when the only alternative is Maya Lin's designwhich has the qualities of a magnet for crime and undesirable activities.

Andrew Segal

Newport, RI

Silvia, Kathy

From:Sent:To:Cc:

Subject:

Mary Shepard [[email protected]]Saturday, December 03, 2011 3:10PMWaluk,StephenNapolitano, Jeanne-Marie; Kathyrn E. Leonard; McLaughlin, Justin; Charles Y. Duncan;Naomi Neville; Harry Winthrop; Waluk,Stephen; Silvia, Kathy; Nicholson, Joseph5 LEGAL REASONS WHY MAYA LIN PLAN SHOULD NOT GO FORWARD

RE: 5 LEGAL REASONS WHY MAYA LIN PLAN SHOULD NOT GO FORWARDDec. 3,2011Dear Mayor Waluk, City Councilors - and City Solicitor,I hope you will not vote for this project, and encourage the rest of the city council to let it go, because theprocess was so flawed and undemocratic. The Maya Lin plan is like someone's putting a large and expensivemonumentin your front yard - without asking you first!

The people were not involved in the beginning of the redo of this city park as they should havebeen. It doesn't matter that it's a gift because most say they don't want it, or they're indifferent.It's also not what it costs, but what the maintenance will likely be - and whether people willenjoy this park more. Adding a few sensitively placed benches and improving the lightingwould probably do the job just fine, and the city could easily afford it. A very publicconservancy could help raise extra funds for maintenance and have fun and keep the parksvisible. But the city should not give over authority for administering the park to the NRF oranyone else. Please read the 5 legal reasons, below - Thank you for your consideration.

Sincerely,Mary Shepard

Urban design writer and photographer, Middletown

LEGAL REASONS TO VOTE NO ON MAYA LIN CONCEPT or stop theproject

Environmental concerns should not allow construction before testing the site

1. CONTAMINATION CONCERNS: RI Dept. of Environmental Managementpoints out need for prior exploring possible toxins in soil due to dry cleaningplant having been on the site. This letter from Joseph Martella, Senior Engineer,RI DEM was received in the Newport city manager's and mayor's offices Nov.21,2011.

Possible Procedural violations

2. The May 25, 2011 Newport City Council resolution may have been illegalin its timing: it "committed" the councilors to the plan way before theirconstituents had figured out what was happening or could weigh in theiropinions. The Newport Daily News had only annonnced the Maya Lin plan theweek before.

1

3. The 1981 deed between the Newport Redevelopment Agency and the city waslike a modern day easement which limited future changes to the park:

Clearly major intrusions such as these large foundations are not part oftheintent or are they on the deed's list of allowed changes.

The document mentions the following restrictions: ."...shall not be used forcommercial activity of any kind and that no building of structure temporary orpermanent shall be erected there-on. The proceeding restrictions shall includetents, booths, stages and display stands, but shall not prohibit the erection orinstallation of statues, monuments, fountains, park benches, drinking fountains,trash receptacles or other street furniture normally found in public parks."

Calling the Maya Lin foundations, a major redo of the park, a "monument" is astretch.

4. Park is city owned land and public process should be abided by early on withany major reconfiguration. Public process means choices and communityinvolvement - and suggests a competition. It means the people need to have theirvoices heard - from the beginning of the process. In this case, the designer washired almost a year before the people knew about this plan.

5. Neither the people nor the council had the plan's specifications, its details, asof Dec. I, 20II, so how can they vote on it? Only on Dec. 2, 20 II the were thefinal specifications in booklet form from Maya Lin's office available in the cityclerk's office. No plans had been sent to the public libraries at that time. Thepeople need at least 6 weeks and ample publicity as to where they can view thesemore exact and "final" plans, so they can see and understand what they may begetting. A small model at the Newport Public Library since late October is vagueand insufficient.

Let's not allow special interests to prevail over the will o/the people, as they sometimes do onthe nationalleve!! Councilors need to represent their constituents, and consider the largenumbers o/constituents who voiced concerns against the plan and not be undu~v influenced bythoughts ofcampaign donations expectedfrom the wealthy group in favor ofthis Maya Lin parkplan. They need to remember it's the quantity o./votes that will determine their reelection, notthe size ofthe campaign chest. Constituents 'who feel they were not heard will likely not re-electsuch councilors.

2

Silvia, Kathy

From:Sent:To:Cc:

Subject:Attachments:

Gigi Tollefson [[email protected]]Sunday, December 04, 2011 11 :54 AMSilvia, KathyWaluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; McLaughlin, Justin; NaomiNeville; Leonard, Kathryn E.; Bowman, Carol; Darby, Tom; City Manager; Wheeler, ScottQueen Anne Square and Merry Christmas!DSC00611.jpeg; ATT293451.htm

Dear Mayor, Councilors, and City Departments,

A Message to All:The placement ofPUBLIC ART in PUBLIC SPACES has been shown to be more controversial the smaller the community.Public art is an important part of Newport's culture.In the case of Queen Anne Square, the general public was left entirely out of the process until the city had already resolved tomove forward with this particular plan. It is each individual's right to an opinion to like this plan or not or to be indifferent. Theonly real option for input from the public has been to suggest minor changes to this plan and only this plan.Research and open debate over the following items are not an option for the people ofNewport as the city has no process inplace.These items include the placement of a particular work of art and/or monument, the location, the renovation of an entire publicpark, history of the park and its value and significance, placement of an addition public figure's name on the park andsiguificance, the moving of existing monuments, desire of the community to foster local talent through competition, public artas enhancement to a particular location or as a destination, impact on history, economic impact, etc. All these items and morewould be reasonable to consider.

Whatever the outcome of the upcoming vote on Queen Anne Square-- the NRF's Maya Lin plan or an alternative ofimprovements--all the people of Newport should be happy that awareness was raised. It underscores the need to establish a clearpublic process and a thoughtful commission within the city hall. A process that can no longer be neglected. A process that willembrace the future ofpublic art in Newport balanced with our need as a city to protect our historic parks.

Merry Christmas to one and all, Gigi >3>3>3Love our Newport Flag! Love Will Conquer All!

1

Silvia, Kathy

From:Sent:To:Cc:

Subject:

Nov. 28, 2011

Gigi Tollefson [[email protected]]Monday, November 28,2011 3:10 PMSilvia, KathyWaluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; Naomi Neville; HarryWinthrop; McLaughlin, Justin; Leonard, Kathryn E.Queen Anne Square

The Honorable Mayor Stephen C. Waluk& Honorable Members of the City CouncilCity Hall43 BroadwayNewport Rl 02840

Dear Mayor Waluk and Councilors,

There are two articles I would like you to consider before your vote. The first is an essay by a graduatestudent, Julie M. Williams at the Center on Philanthropy at Indiana University who wrote a piece on the life andphilanthropic works of Miss Doris Duke. http://learningtogive.orglpapers/paper190.html

The second item is the 2010 NRF book: Extraordinary Vision, Doris Duke and the Newport RestorationFoundation, by Pieter Roos, Bruce MacLeish, and Robert Foley. Pages 9 and 10 describe and show thecreation of Queen Anne Square.http://www.newportrestoration.orgjshop/books

The NRF today has created a new non-profit, the Doris Duke Monument Foundation whose sole purposeis to honor Miss Duke by raising over $3.5 million dollars to renovate, partially maintain and administer thelandmark park she created for the people ofNewport. No one in Newport would debate the great contributionthe late Miss Duke made to Newport's status as the city with the greatest number ofrestored colonial homes inAmerica.

The irony is: the very foundation Miss Duke created and the local organizations likewise supporting thisrenovation use the words historical, restoration, and preservation to describe their own missions whilst they planand/or support the removal ofDoris Duke's original design, the antithesis of what the historic-minded shouldprotect and cherish.

It's hard to believe acceptance ofthe NRF proposal is how the city of Newport may choose to honor herand the living history which is Queen Anne Square. I hope you take a few minutes to read and consider thesetwo items in your decision.

I urge you to vote no on the proposal of the NRF to renovate Queen Anne Square with a Maya Lindesign. I also urge the council to consider options for historic restoration, improvements and preservation, theprinciples Newport so visibly embraces today.

1

Sincerely, with gratitude,

Gigi TollefsonNative Newporter711 Aquidneck Ave.Middletown, RI 02842401.527.9911

2

CITY OF NEWPORTAD HOC COMMITTEE ON WASTEWATER

ANDSTORM WATER SYSTEM IMPROVEMENTS

ANNUAL REPORT TO THE CITY COUNCIL

DECEMBER 2011

The Ad Hoc Committee on Wastewater and Storm Water System Improvements (the"Committee") was appointed by the City Council in January 2007. The Committee is made upof seven members appointed by the Council. The current membership is as follows:

Raymond C. Smedberg, ChairmanDave McLaughlin, Vice ChairmanPaul Watters, SecretaryDrew Carey, MemberMartin Casey, MemberCharles Taylor, MemberRoger Wells, Member

Regular meetings are held on the first Thursday of the month. The Committee met a total of ninetimes during calendar year 20 II.

In accordance with the Resolution passed by the City Council creating the Committee, theCommittee's focus continued to be on "issues related to Combined Sewage Overflow (CSO)problems, and system issues that impact the utility and viability of the City's beaches." Activitiesduring 2011 addressed a number of wastewater and storm water issues including Storm WaterManagement and Regionalization of Wastewater and Storm Water Services. Following is a briefoverview of the major activities and issues addressed:

• Followed the NELC et al v. City of Newport matter & provided input to the negotiation& settlement process;

• Appointed to have representation as a member of the CSO Stakeholder Workgroup &participated in all five meetings of the Workgroup during the year;

• Continued to follow & provide input on the Easton's Pond/Moat UV Facility Projectthrough construction, startup & initial operation. Participated in a tour of the project site;

• Monitored the ongoing harbor/bay Water Quality Sampling Program conducted by CleanOcean Access (COA) & effort to integrate COA's sampling data with the City's;

• Prepared a Semi-Annual Report to the Council dated June 2011; and,

Page 1 of2

• Reported the following key findings and recommendations:

Retain a qualified consultant to conduct independent monitoring of performanceunder the United Water agreement;

Joint venture with the effort already under way in Middletown to evaluate alternativesfor meeting storm water management requirements; and,

Actively incorporate regionalization of wastewater and storm water services in theCity's strategic planning.

The following is the attendance for the Committee for 20 II :

Name Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

DrewCarey X X X X 0 0 X X 0Martin N N NCasey X 0 0 X X 0 0 X 0 0 0 XDaveMcLaughlin X X X 0 X X M X 0 M M XRay E E ESmedberg X 0 X X X X E X X E E XChuck T T TTaylor 0 X X X X X I X 0 I I XPaul N N NWaters X 0 X 0 X X G 0 0 G G 0RogerWells X X X 0 X 0 X X XX = Attended 0 = Absent

Committee members stand ready to respond to questions or provide additional informationrelating to the report as required.

Respectfully,

AD HOC COMMITTEE ON WASTEWATER ANDSTORM WATER SYSTEM IMPROVEMENTS

Page 2 of2

Newport Waterfront CommissionSummary & Accomplishments -2011*

• us Army Corp of Engineers - Harbor De-Authorization Process Proceeding withSeveral Discussions with USACE

• Submitted Harbor Plan Update Letter to CRMC (January)

• Active role in the CRMC request for the Ann Street Pier extension

• Stone Pier - Submitted budget request to the City Council for Renovation

• Participated in numerous Maritime Center and Ann Street pier workshops

• Armory Maritime Center RFP approved and construction started

• Ann Street Pier Extension - Pending CRMC hearing

• Comprehensive Harbor Ordinance Review - Underway, recommendations in2012

• Engagedwith Roger Williams University's Law School- Marine Affairs Instituteto develop two legal research papers: 1. Newport's Mooring Regulations - Legaland Policy Analysis, and 2. Legal Considerations for Possible Noise Ordinances

• Recommended Administrative Changes to the "First Available" Mooring WaitingList Procedures.

• Encouraged reactivation of the Newport Maritime Alliance

• CRMC Review Requests and Responses = 2

• Mooring Related Appeal Hearings = 9

• Waterfront Commission Meetings = 12

• Presentations -

Paul Harden - RIEDC presentation on Fort Adams

General Maritime Initiatives Update - URI

Waterfront Operators' Perspective on 2011 Season

Membership: One resignation, two new WFC members (Oliveira, Barker)

Meeting Absences: (2) Hapgood, Miller, Anton, Pearsall, O'Keefe; (5) Clark

*These accomplishments for Newport Harbor would not have not been possible without theoutstanding contributions ofthe Tim Mills, Erin Mulligan, the rest ofthe Harbormaster staff,all the helpful City departments and staff, andfinally, the exceptional efforts and commitmentofTeresa Crean and URI's Coastal Resources Center, Julia Wyman ofRWU's Law School,numerous citizens, community groups (especially Friends ofthe Waterfront), and supportingpublic agencies. The Waterfront Commission would like to acknowledge support of the CityCouncil in encouraging these investments in our Harbor.

Submitted to Kathy Silvia - Dec 2011

Submitted by Hank Kniskern, Chairperson, Newport Waterfront Commission

BRIAN R. CUNHA, ESQ. U

NELIA CAMARA DESTEFANO, EsQ.......

RICHARD T. GALLONE, ESQ. h

HONEY POLNER, ESQ., R.N.KAREN A. ALEGRIA, ESQ.uMONICA MAINA, ESQ.SHARON D. SYBEL, EsQ.......

UMEMBER MA & RI BAR

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BRIAN CUNHA& ASSOCIATES

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FAX, (508).679.6860

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nul NOV 1 6 amIIId'~&rch

November 14, 20II C'L,; c' 'T. .. .

Certified Mail Return Receipt No. 70092820 0000 8844 7926Department of Transportation360 Lincoln AvenueWarwick, RI 02888

RE: Notice of Claim

Dear Sir/Madam:

Please be advised that I struck a pothole on Connell Highway in Newport, Rhode Island onThursday, November 10,20II at approximately 7:00 p.m., cracking the right front wheel ofmy 2008SL 550 Mercedes Benz. I have enclosed photographs ofthe potholes, the cracked wheel and the costof a new wheel. I have not yet checked to determine if the front end needs realignment.

Should you have any questions, please do not hesitate to contact me. Thank you for your attentionand cooperation in this matter.

Very truly yours,B CUNHA & ASSOCIATES, P.C.

BRC/jlEnclosurecc: Town of Newport City Council

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1401l 849 - 08BO TELE.PHONE

1400 849 - 0897 FACSIMILE

City ClerkCity of NewportBroadwayNewport, RI 02840

Dear Clerk:

I~~{(WMLAW OFFICES OF

RlICHAlRD P. D~DDAlRlIO

ONE COURTHOUSE SQUARE

NEWI'OR'I\ RHODE ISLAND O:lil84<1Jl

Octoper 29, 2011,:: ;1 \,.,

NOV - 2

[email protected]

www.daddariolaw.com

Please consider this letter as notice of a claim that I amfiling against the City of Newport.

On October 27, 2011 at approximately 9:00 AM I wasproceeding south of Charles St. near the intersection atWashington Square (near the entrance to Ocean Coffee Roasters),when the bottom of my car struck a water main cover that waslocated above the surface of the roadway. As a result of thismy automobile was damaged and it is being repaired at present atViti Mercedes in Tiverton.

I am enclosing photos of the site that were takenimmediately following the accident showing the cover that wasactually pulled off when my automobile struck it.

On Friday, October 28, 2011 I was walking at the samelocation and another vehicle struck the same cover damaging thebottom of the car. I notified the police at that time andrepairs were made to the surface. A photo showing the remedialwork is also enclosed.

I will forward along a copy of any invoice I receJ.ve fromViti as soon as the repairs are completed.

Sincerely,

Richard P. D'Addario

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Newport Police DepartmentIncident Report

Incident #: ll-19507-0FCall #: 11-19507

Da-te/Time Reported: 08/28/201Ci:i94T-~

Report Date/Time: 08/28/2011 1508Status: Incident Open

Reporting Officer: OFFICER MATTHEW JEPSONApproving Officer: SERGEANT DAVID STEUER

Signature:

Signature:

# OFFENSE(S) ATTEMPTED TYPE

LOCATION TYPE: Other/Unknown6 KATZMAN PLNEWPORT RI 02840

1 DAMAGED VEHICLE36 M

OCCURRED: 08/28/2011 0941

2 RECEIVE INFORMATION4518 4518

OCCURRED: 08/28/2011 0941

Zone: BEAT 1/123

N

N

Misdemeanor

Not Appli.cable

# VICTIM(S) SEX RACE AGE SSN PHONE

1 GAINEY, MARY B6 KATZMAN PLNEWPORT RI 02840DOB: 01/29/1934ETHNICIT¥: Not of Hispanic OriginRESIDENT STATUS: ResidentVICTIM CONNECTED TO OFFENSE NUMBER IS} : 1CONTACT INFORMATION:Home Phone (Primary) 401-849-2259

2 DRAPEAU I DENISE P80 COLE STJAMESTOWN RI 02835DOB: 08/21/1952EMPLOYER: SELF EMPLOYED 401-846-1433ETHNICITY: Not of Hispanic OriginRESIDENT STATUS: Non ResidentVICTIM CONNECTED TO OFFENSE NUMBER IS} : 2CONTACT INFORMATION:Home Phone 401-560-0162Cell Phone (Primary) 401-965-0007Work Phone (Primary) 401-846-1433

F

F

w

w

77

59

401-849-2259

401-965-0007

# VEHICLE(S) YEAR MAKE STYLE COLOR1 COLOR2 REG VALUE

1 ELANTRA 2007 HYUN 40 BLU RI MG63 $9,000.00

STATUS: Destroyed/Damaged/VandalizedOWNER: GAINEY, MARY B

VIN: KMHDU46D27U223078

DATE: 08/30/2011

Newport Police DepartmentIncident Report

Incident #: 11-19507-0FCall #: 11-19507

# OTHER PROPERTIES PROPERTY # STATUS

Page:' 211/08/2011

1 DAMAGE FROM FALLING TREESQUANTITY: 1SERIAL #: NOT AVAIL

DATE: 11/08/2011OWNER: DRAPEAU, DENISE P

VALUE: $450,00Destroyed/Damaged/Vandalized

Newport Police DepartmentNARRATIVE FOR OFFICER MATTHEW M JEPSON

Ref: ll-19507-0F

Page: 1

Entered: 08/28/2011 @ 1512Modified: 08/31/2011 @ 0654Approved: 08/31/2011 @ 1153

---_._-._- ~-~----

Jepson #55

Entry ID: 355Modified ID: 355Approv-,,"_l_ID: __167 ~

On 8/28/11, at approximately 1215 hours, I was dispatched to 6 Katzman Place for a report of a tree down on avehicle.

Upon arrival, I observed a large limb down on top of a blue Hyundai Elantra RI:MG-63. Damage appeared to beminimal. The limb had also taken down power lines in fi'Ont of the residence. I took photos of the vehicle (#'s60-62), and advised the owner, Mary Gainey DOB 1/29/34, that a report would be done on the incident.

Newport Police DepartmentSUPPLEMENTAL NARRATIVE FOR RECORDS CLERK MARCIA J STONE

Ref: ll-l9507-0F

Entered: 11/08/2011 @ 1213 Entry ID: 864Modified: 11/08/2011 @ 1217 Modified ID: 864

..~ .. -._---_..

11/08/2011 1213 M Stone

Page:' 1

Denise Drapeau reports that the wires to her home. were ripped out of the building when the tree fell ontoMs Gainey's vehicle. Also there was damage to the front yard when the roots were pulled up. Ms Drapeau isfiling a report to recoup some of the damages caused by the falling tree.

Toner Electric Company305 Oliphant Lane Unit#10Middletown, RI 02842,Phone: 401~847·0993

InvoiceInvoice Date 10 Sap 2011

Involce# INVw 19007

Bill To:

DAVID WALKER80 COLE STREETJAM ESTOWN. RI 02835

8 KATZMAN PLACENEWPORT RI 02840

P.O.#

Terms

EMERGENCY REPAIR

Due On Receipt

Invoice Date

Due Date

10 Sap 2011

10 Sop 2011

De.crJpllc~ of servl••• complelsd: '

PROVIDE SERVICES TO REPLACE THE 100AMP SERVICE DROP AND METER SOCKET DAMAGED FROMSTORM,

LABOR: 1 MAN (8-30-11)

MATERIALS:

PERMIT FEE:

0.00

225.00

138.89

45,00

Please call us to pay this invoice with a credit card.Visit us at toneretectric,com or find us on Facebook for monthly specials.

Terms & Conditions:Invoice is due upon receipt unless otherwise noted. Late fee of 1.5% per month after 30 days.

Sub Total:

Total:

Paym ent Mada:(Thank you)

Balance Due:

408.89

$408,89

(-) 0,00

$408.89

ii/J

"~J

il \\/7

P<.J1";'5;1.J d I. ,;

~,1(1.\/ 2 ., "j \' f'

November 25, 2011

Kathy SilviaCity Clerk43 BroadwayNewport, RRI 02840

Dear Kathy,

While parking on John Street (in front of 34), my tire was damaged by poorlyinstalled curbing.

Enclosed are; 1,)photo of the curbing in question 2.) photo of the damage to thetire & 3.) receipt for a new tire.

I respectfully request that the city have its sub-contractors cure the curbing &request that the city pay for the damage to the tire.

Thank you.

Sincerely,

Martha Marie Grogan7 Red Cross AvenueNewport,R102840

285 East MaIn Road

Middletown. RI 02842

Office 401.847.1144

Fax 401.847.4559

premiertoyotaofnewport.com

PAGE 1

414213

INVOICE

SERVICE ADVISOR 705 DAVID WOODWARD

CUSTOMER #: 70475

, :COLOR YEAR MAKE/MODEL VIN LICENSE MILEAGE IN lOUT TAG

GRAY 10 TOYOTA CAMRY 4T4BF3EK8AR072465 8991/8991 'T'423DEL DATE PROD. DATE WARR. EXP. PROMISED PO NO. RATE PAYMENT INV. DATE

04JANI0 DI 16:30 17SEPll CASH 17SEPll, ", R.O. OPENED READY OPTIONS: STK,CA0549 DLR: 38023 ENG,2AR0207166

17SEPll 17SEPll

MARTHAMARIE GROGAN7 RED CROSS AVE APT 1NEWPORT, RI 02840-3380HOME:401-847-1223 CONT,N/ABUS CELL

LISTLINE OPCODE TECH TYPE HOURSltA__".ii__Iiiii_IIII__Ii~.._I_~.J _

NET TOTAL

*-* * * ****** *** * *'** *** ****** **** **** *."**-'It *-* ** *-* * * * * *.* *-*B S/O TIRES IN PARTS-TONY

DOC,~OTED FOR DOCUMENTATION PURPOSES ONLY710 CP

PARtS;, 0.00 LABOR, 0.00 OTHER, 0.000.00

TOTAL LINE B:0.000.00

****************************************************

(N/C)(N/C)(N/C)

25.00159.00

(~-, ~ Dl- Iii

Iq (162

25.00159.00

1. 00C:

161. 001. 00

TOTAL LINE0.00

*~-* *.** **.* *,*'* * * * * *-** ~ *** * ***'*-* * ** ,*-* ** * * * * * * * *'** ** * * * *C CUST STATES RF TIRE IS FLAT (IN TRUNK)

"MB1MOUNTAND BALANCE 1 TIRE710 CP

''tDTOOO-54001-BS 215/60R162 WEIGHT WHEEL

PARTS;; 16Lo 0 LABOR: 25. 00 OTHER:

D** SSC 90L PEDAL POTENTIAL FLOOR MAT INTERFERENCECAUSE: CAMPAIGN

9911MA 90L PDL & FLR MOD, REFLSH, RMV SND MTL,CLN CRPT

124 WP1 04009-52;1.06 TIBIA PAD ASSY1 78118-41010 STOPPER, ACCELERATOR

FC:'T199T299 PART#, ' COUNT:CLAIM TYPE: SSCAUTH',CODE··:

PARTS',' 0.00 LABOR: 0.00 OTHER: TOTAL LINE D: 0.00

ON BEHALF OF SERVICING DEALER, I HEREBY CERTIFY THAT THE STATEMENT OF DiSCLAIMER DESCRIPTION TOTALS

INFORMATION CONTAINED HEREON IS ACCURATE UNLESS OTHERWISE The factory warranty constitules all LABOR AMOUNT 43.05SHOWN. SERVICES DESCRIBEDWERE PERFORMEDAT NO CHARGE TO of Ihe warranties with respec( 10

PARTS AMOUNT 162.90OWNER. THERE WAS NO INDICATION FROM THE APPEARANCE OF THE the sale of thIs Ilem\f(ems. TheVEHICLE OR OTHERWISE. THAT ANY PART REPAIRED OR REPLACED Seller hereby e)(~eSSIY dlscla!ms all

GAS. OIL. LUBE 0.00UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY

warranties all r elCpress orImplied, including an~ Implied SUBLET AMOUNT 0.00ACCIDENT, NEGLIGENCE OR MISUSE. RECORDS SUPPORTING THIS warranty of merchan ebilily or

CLAIM ARE AVAILABLE FOR (1) YEAR FROM THE DATE OF PAYMENT flInass fOl a particular purpose. MISC. CHARGES 5.95NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY SaUer neither assumes norMANUFACTURER'S REPRESENTATIVE. :~~~":esforanrt o~~r ~ai,lf~; l~ TOTAL CHARGES 211.90

connection with the sale of this LESS INSURANCE 0.00ltemfltams.SALES TAX 11.82

(SIGNED) AUTHORIZED SIGNATURE (DATE) CUSTOMER SIGNATURE PLEASE PAYTHIS AMOUNT 223.72

CUSTOMER COPY

STATE OF RHODE ISLANDNEWPORT, SC.

EDWARD F. KEARNEY

v.

NARRAGANSETT ELECTRIC COMPANYdba NATIONAL GRID andLAURA SITRIN, IN HER CAPACITYAS FINANCE DIRECTOR FORTHE CITY OF NEWPORT

COMPLAINT

SUPERIOR COURT

C.A. No. NCll-

,,./

1. PIaintiffEdwardF. Kearney is a resident ofthe Town ofPortsmouth, NewportCounty, State ofRhode Island.

2. Defendant Narragansett Electric Company doing business as National Grid(''National Grid") regularly conducts and transacts business in the City ofNewport, NewportCounty, State ofRhode Island.

·3. Defendant Laura Sitrin is the city finance director for the City ofNewport and isbeing sued in her official capacity as the finance director for the City ofNewport.

4. Defendant Laura Sitrin, in her capacity as Financial Director for theCity ofNewport and the City Council for the City ofNewport by and through the Clerk for theCity Council were served with notice ofthe plaintiff's claim pursuant to R.I.G.L. 45-15-5, 4515-8,45-15-9 and 45-15-10.

5. On or about July 29,2011 at approximately 5:20 pm, plaintiffEdward F. Kearneywas lawfully walking on the city owned sidewalk located at or near 28 Marm Avenue in the CityofNewport, Rhode Island when he slipped and fell in a hole in the crosswalk that should havehad a gas cover over it and that had no warning signs or barriers.

6. Defendant City ofNewport, by and through its finance director, Laura Sitrin, hada duty to ensure the sidewalk was free from hazards and in a reasonably safe condition and to usereasonable diligence in correcting any such hazards or to ensure others did so on its behalf.

7. Defendant National Grid had a duty ensure the hole was properly covered or in areasonably safe condition and to use reasonable diligence in correcting any such hazards or toensure others did so on its behalf.

8. Defendants National Grid and the City ofNewport, by and through its financedirector, Laura Sitrin, negligently, carelessly, and recklessly failed to maintain the sidewalk at ornear 28 Marm Avenue, failed to ensure said sidewalk was free from hazards, and failed to Use

)

reasonable diligence in correcting such hazards, or to ensure others did so on their behalf at alltimes relevant hereto.

9. As a direct and proximate result ofthe aforesaid negligence, carelessness, andrecklessness ofthe defendants, plaintiffEdward F. Kearney, sustained severe bodily iI\iuries,some ofwhich may be permanent in nature, pain and suffering.

10. By reason ofthe foregoing, plaintiff, Edward F. Kearney, incurred medicalexpenses to cure himselfand will incur future medical expenses, including; but not limited to,medication and periodic physician's care, was prevented from engaging in his usual dailyactivities, sustaIned lost wages and/or loss in earning capacity as well as other economic losses.

WHEREFORE, plaintiffEdward F. Kearney demands judgment against the defendantsNational Grid and Laura Sitrin in her capacity as Finance Director for the City ofNewport,jointly and severally, together with costs and interest, in a sum sufficient to confer jurisdictionupon this court. .

PLAINTIFF,EDWARD F. KEARNEY,By His Attorney,

f06-vf 1. K----.e-

)

Plaintiffdemands trial by jury.

Robert T. Karns is designated as trial counsel.

Robert T. Karns, No. 3791KARNS LAW GROUP6 Valley RoadMiddletown, RI 02842401-841-5300

Long Wharf Seafood, Inc.

17 Connell Highway

Newport, RI 02840

"\ NOV 2. 2. zon.sIf", ....::;i·~J 1.\

,·,:f.~~",_~,,~r.~n'-~'~

Newport, RI 02840

November 15, 2011

City ofNewport

City Clerk's Office

43 Broadway

To Whom It May Concern:

I, John Caminiti, owner of Long Wharf Seafood, Inc. am requesting reimbursement from theCity of Newport for a bill from R.J Cawley Contracting, Inc in the amount of $7800. The scopeof the work included repairing damage done to Long Wharfs sewer connection when the Citywas working on the road and sewer lines in front of my business. R.J Cawley Contracting, Inc.was called to repair the sewer line in the road, which is owned by the City ofNewport, includingexcavating and patching the line running into Long Wharf Seafood, Inc.

In addition to the bill from RJ. Cawley, I am also requesting reimbursement for a bill from alsoGuaranteed Rooter Service in the amount of $750. I had called Guaranteed Rooter Service priorto calling RJ. Cawley Contracting, Inc. because of the backup of the sewer into the Long WharfSeafood building. Guaranteed Rooter Service was able to trace the backup to the street lineswhich are city property and are therefore the city's responsibility to fix.

John Caminiti

President

Long Wharf Seafood, Inc.

, ,

R.J. CAWLEYCONTRACTING, INC.

110 Connell HighwayNewport, Rhode Island 02840-1314

Tel: 401-849-2031 • Fax: 401-849-2075 InvoiceBill To

Long Wharf Seafood17 Connell HighwayNewport, RI. 02840

__ __ L _

I--Ter~-l

._.---.-~--_.__.__._ __ ._-------~----_ .._._-------~._~._~-- .----.,. __.._--- ._------_.---_.-._.-.,- _----------- --- ,--- -~---- - ---------,C~~t~a~;~------- W~;k-~~-r~q~~;t~d-~Sewer I~ne:~::~iii;~oad i~~l~di;;g - -- - ---~~~-i 6,;O~~0 ---~m:I~,-62nOotOo--·.-00-00-1'

excavation, materials, police detail, road patch.Contract Work as requested--Saw cut and permanent patch I 1,200.00

Sales Tax 7.00% 0.00

- --- - --- ---- - - - ---- -- - ------ - - -~------

Total $7,800_00 I-- ---------------------~ --------- -------- -------------------------- ~------------------- --I

lPayments/Credits $0.00 i

-----~--------- -----~----1

Balance Due $7,800.00_________________________________________________...1

Finance charges at the rate of 1·1/2% per month (18%, per annum) are applied on unpaid balances past due.Minimum service charge $ .50 • legal fees for disputed charges.

",

UUHnHn • I::I::U nuu Il:n ~l:nVI"1:

Division of Coastal Sewer & Drain Cleaning Services, Inc.15 River Street

Cranston, Rhode 'land 02, .

ADDRESS (Job address Is different than billing ad·L___ -...------.-....".----.•

/9;Z;;:;Cn2j2]- /<1 a/Qr./, QgN" TAa <1~ , _ r ~ ;

,Z?E2c[C-"/:.,..)'----.----,,""-'-,C2...L.---->...,./--/---<E::c.LT_~d""-G6~- ~"'---'-'-----

--------------1--------.-----

Zf29&60 \ ~"Z?geY-A::..LLI--".N..Y.£.,c__---''----'-''-'-''~...L..___''~=<..~-_+_----_

_ ~ C)UZ ,L9~Od- V,,)'" 7D-

.--_.

TOTAL

WORK ORDER AUTHORIZATIONI hereby authorize you to perform the above described services. I hereby certify that l' am duly authorized to order and approve the work requested.Coastal Sewer & Drain, d.b.a. Guaranteed Rooter Service, is not responsible for damage caused by improperly installed plumbing or rotted pipe dueto age or use of caustic acids.

Signaturc- -,-- Title

TERMS OF PAYMENT

This is to acknowledge completion lhat the above described work has been done to my complete satisfaction.

o CASH 0 CHECK 0 VISA No. . __ I I I I Expiration Date: _

Signature . _________ Title .

STATE OF RHODE ISLAND AND PROVIDENCE PLANTAtr!6ff~:~JC)[:~ [[

PETITION TO THE CITY COUNCIL 1i:\'1\ \n1'1 [Ii II,N 28

PERSONAL INJURY I ITO THE HONORABLE CITY COUNCIL OF THE CITY OF NEWPO~T, cf:';U

The undersigned respectfully petitions your honorable body that Gavin C,Mathews of 7 Loyola Terrace, Newport, Rhode Island, pursuant to R,LG.L. §45-15-5, 4515-8, and 45-15-9 hereby gives notice of a claim for personal injuries against the City ofNewport within the sixty (60) day requirement imposed by statute,

On November 15, 2011 at approximately 9:30 a,m, at Cranston Calvert School inNewport, Mr. Mathews was playing dodge ball outside during gym class, due to poorsupervision; Mr, Mathews fell and broke his right arm, The full extent of his injuries areas yet unknown, Mr, Gavin C. Mathews is currently treating with multiple medicalfacilities,

Respectfully submitted,By his attorney,

Keith Cardoza, Esq,Rhode Island Bar No, 8431Rob Levine & Associates544 Douglas AvenueProvidence, RI 02908Telephone (401) 621-7000Facsimile (401) 621-7050

Date: November 23,2011

NAME: Gavin C, Mathews

ADDRESS: 7 Loyola Terrace, Newport, RI 02840

DATE OF ACCIDENT: November 15, 2011

NAME OF HOSPITAL: Newport Hospital, 11 Friendship Street, Newport, RI 02840

ICE

Vernon L. Gorton, Jr.Attorney At Law

181 Chase RoadP.O. Box 145

Portsmouth, R.I. 02871Telephone: (401) 683-4800' Fax: (401) 683-9944

[email protected]

November 9, 2011

City of Newport, Rhode IslandCity Council43 BroadwayNewport, RI 02840

Re: Connie V. Mathiasd-o-I: May 2, 2010

Dear Sirs:

You are hereby notified that this office represents Connie V. Mathias of 79 AlanAvenue, Portsmouth, RI 02871. Ms. Mathias suffered injuries, including but not limitedto: broken bones, bruises, contusions and abrasions as a result of a fall on the sidewalk atthe northwest corner of Bedlow Avenue and Bedlow Place in the City ofNewport. Saidfall was caused by the uneven surface and broken and deteriorated condition of thesidewalk in that location, resulting in holes and obstructions which caused Ms. Mathias totrip, and the failure of the City ofNewport toproperly warn of the dangerous condition ofsaid sidewalk. Said condition constituted a defect and want of repair of said highwaywhich the City ofNewport had an obligation to keep safe and convenient for travelersand resulted in injuries and damages which would have been prevented by reasonablecare and diligence on the part of the City ofNewport. Ms. Mathias previously deliveredto the City council a notice of personal injury on highway pursuant to RIGL 45-15-9. Asa result of those injuries Ms. Mathias has incurred costs for medical treatment andtherapy, suffered temporary and permanent partial disability aud pain ili1d suffering.Pursuant to RIGL 45-15-5, Ms. Mathias hereby makes this claim against the City ofNewport as compensation for said injuries in the sum of $11 0,000.00.

Connie V. Mathias

by/1' .".m,,:.-__>

~~~Vernon L. Gorton, Esq. (2625)P.O. Box 145, 181 Chase RoadPortsmouth, RI 02871683-4800

December 1, 2011

Mayor Stephen C. Walukand Members of the City CouncilCity Hall43 BroadwayNewport, RI 02840

ED\II/ARDS WILDMAI"1 PALMER LLP130 fH:LLEVUE AVENUE

I;,JI:WPORT, Rl 0/.840·:·1401851 2!:iOl rnuin +14018497887 fox

edw<lrdswildman .COIn

Arthur W. Murphy+14018512503

fax + 1 888 325 [email protected]:, .

DEC - 2 2011

Re: Notice of Claim Pursuant to RIGL 45-15-5

Dear Mayor Wa1uk and Members of the City Council:

The undersigned represents Josephine Stein of 215 Gibbs Avenue in the City ofNewport.Notice is hereby given that Mrs. Stein was injured on August 5, 2011 on the walkway adjacent toKing House on property owned by the City of Newport. The fall was caused by a defect in thewalkway. The walkway was negligently maintained and/or repaired. Mrs. Stein sufferedinjuries to her head, ribs and arms which required hospitalization and a period of rehabilitation.She continues to require treatment. A copy ofthe report of the incident by the Newport FireDepartment is enclosed.

7tZ~~~Atthur W. Murphy 7AWM

cc: City ClerkCity Solicitor

PRV 1169999.1

gOSlON • CHICf.l..G() , f'T tAUDElmAlf ' Ht\!~fFOfH) • l()N(X"iI'! • L('::; i\HGEl.f":; l M,6J)I~;ON N.J' ,iE\N YCWi<. • NfwrOIU I;,!:ACHPROViDEblCE • STAMFOlm • Ki!<YO • V/ASHI''-lD"iOH ()t.-· • \..VY1T !>A!.!v\ f)E!\(h t HOj'-lG K01'JG (f.lS50{iow! oHicr;i

"RI EMS Ambulance Rnn Report Service Na~

Name: stein, josephine

1'<ewport Fire DepartmentApparatus: R2

nate: r'-~/lI

Time: 1Incident#: 3565

RI EMS Report ]0# 59522598

pain

TraIl.S]){}rted

Newport HospitalR~ivil'lg FacUlty:

Diverting Facility:

Other Receiving FacWty:

Other Diverting FacUIty:

Response Outcome:

'"kU"'c":ltl"'e":I"I"lI"lfi!!.or"m"'o=/::'O"'"=== -::_:-:-=:-_-=-=-=-=::-:- ---~---::-=-==--=-:c:------------------,rRI EMS Report ID# 59522598 Service N: 2100 Unit ID#: 02 Incident Type: Fall

Incident Location 35 KING ST, NEWPORT MaJorlntldent:

Zip Code: 02840 ChJefComplalnt:

Patient Location: Public Place

Census Tract: 40800

Mutual Aid: False

Round TrIp TnLDsfer: False

lDeldent at Work?

IPnlJellt lliformnllollAge: 95 Month or Day:

o Approximate

Gender: F

EtbDfclly: White

Name: stein, josephine(Last, First, MI)

Add...." 2t5 GffiBS AVE

Newport RI 02'840

DOB: 02!OS1J916

SSN:

Phone:

DN/A

Insurance[nfo:

AutoInsurance

~cene Illjonnatioll

CPR Information Apparatus Times I Patient Pr4ltecfion IArrest to CPR: Witnessed Arrest: Dispatch: 14:01 DepartScene: 14:18 I I

Arrest to Defib: Bystander CPR: EnRoute: 14:01 Arrive Dest.: 14:21.Io"upa.t La<aflo. ,

Arrest to ALS: PulseJRhytbm Restored: Arrive Scene: 14:04 Available: 14:33

\Assessmem

Non-Reactive Glasgow Coma S£8le

Ey", IV"hal, 1=1~===i IMotor:l

Current Medications:

Allergies (Meds):

Pupils Constriction

L.rt'FI ~~~~'=11 BRight, I 1

Revised Trauma Score:IGreater Than II

Primary Suspected Illness: r.::Pai=·=.-,---;;----:--:-;;;-cccc-cc----------,r-·--·-Ilnjury Site Iojury Type No Injuries0 ISituation of Injury I IPast Medi('al History

IFFa"~~S~oft-Opo"'=""~~II II~IB=L=S=T=r=.a=tm=••=t===========~1 ~IALS::="T:=,,=.tm=.=.t===========~I.I~M=.=d=;Cll=.flO=.=T=,,=a=tm=.=.=t============i

Iwound Man.g.m••' II I IVital Signs Reason No VUals: I ITJine DIP Palp Pulse Irreg Resp Ineg Rhythm PVC's SP02(%) mg/dL Treatment Response

182/ 81 0 82 0 IS 0 0 99 I[Possible Contributing Factors I

I II~ NAlkm...

IIV

~ #Attemots

lET Comfort One~Protocol Used:

Order Revoked: c=JResearch Code: c=J

~tP~"~S"'~'~';'~~~~~~\=~========::!~~~~:!'Oiii;':nii.,-Jircc-=---c---c---c=--c--====------===:lEMTN Position Name Blood or Body Fluid Contact NoContacf wI Blood or~ Report Filed: c=J07763 - C - Ole Lt Eyre, Michael 0 Body Flaids:

"10",2,,,67=-C=-D"R"V"--.cPvt=J"o."e"'a,-"Mi"·c"'h,,ae"'I~ ----'

RI EMS Report 1011 59522598 Page: 1

..RI EMS Ambulance Run Report

Name: stein~ josephine

Service Nar Newport Fire DepartmentApparatus: R2

Date: rTime: 1

Incident#: 3565RI EMS Report ID# 59522598

CommunJcatioDS Department Use

PTS: I I Other: I ILt Eyre, Michael Telephone: I I Miles: 14 ISignature ofPerson Completiug Report Dateffime Cellular: I I Comments:

Radio: I I

I II IPhysician

Signature of Person Receiving Patient DatefTimeFamily Notification Left: 0

Patient Signahlte for Medjcare Release

I ac.knowledgethat I am responsible for the ambulance services provided to me".! ~eqriest p~yment ofauthorized Medicare.benefits and/or pther insurancebenefjt~ be made on my behalfto the city ofNewport, Newport Fire Departme~t ~nd/or its billing agent of record for .any ambul~nce services and slJppliesfu.Cll,fshed to me by Newport Fire Department, now or in the future. I authorize any h91der ofmedical information a.boutme or~tber relevantdo~umenfation

,aboutme to release to the Centers for Medicare and Medicaid Services and its ~~ents and contractors, 'any and all apP,r9prillte third party p~yors ,. and ,theirrespective agents and contractors, as well as city ofNewport, Newport Fire Department, and/or its billing agent (lfrecord, any information or documentationin their possession needed to determine these benefits and/or the benefits payable for related services, now or in the fu~re.

Signature ofPatient or Representative Datelfime

Crew Signature and Roll Call # Datetrime

Signature of Person Receiving Patient Daterri~e

By signing above, I certify that the above named patient was physically or mentally incapable of signing at the time of transport, and that none of theiri~ividuals listed in 42 C.F.R. §424.36(b)(l) -(4) was available or wming to sign the claimoD behalfofthe beneficiary

Refusal of This is to certify that I am refilsing treatment/transport. I have beenServicetrreatrnent infonned of the risk(s) involved, and hereby release the anlbulance

service, ils attendants, its affiliates, the consulting physician, and the Patient Signature Daterrimeconsulting hospital from all responsibility which may result from thisaction.

Witness Signature Daterrime

lNarrative

REASON FOR CALL: woamn tripped and lost consciousness

ARRIVE TO FIND: 95 YT old female sitting on ground A&Ox3

HISTORY OF PRESENT ILLNESS OR INJURY: pt tripped on cement curbl pt did lose consciousness for 2-3 min witness stated

PHYSICAL EXAMINATION: pt has a lac. Above R eye

TREATMENT: wound care I transport

RI EMS Report IDII 59522598 Page: 2

Bruce Weller

512 Boston Neck Road

North Kingstown, RI 02852

4017423020

"

"",-",..,<

To Whom It May Concern:

On Nov 10, 2011, my daughter upon entering the Newport Bridge at night hit a largepothole and broke her right front rim. This rim was replaced ata cost of $148.68.The problem is that it is only a temporary solution because the rim does NOT matchthe other 3. This would constitute another $450.00 to complete. Enclosed are thebill from Tire Pro in NK and the police report. I hope this can be resolved. The totalshould be $600.00 since the towing is covered by my insurance policy. Please let meknow that you received this and are processing it.

Thank you,

Bruce C. Weller

1..->''''''''''''

AUTOi~'OT'IVESERVICE

>.~~.£~H.~~~E

SEEKONK10 School St & At. 6

(508) 336-4100

• Wheel Alignmt:f!l • Computerized EngIne Analysis

• Brakes • Slale Inspection

• Batteries • EngIne Repairs

• Llfelime SMcks & Struts • Computerized Wheel Balancing

• Mufflers .. Custom Wheels• NitrogEn

JOHNSTON2760 Hartford Ave.

\401) 934-3220

......""""'......."""""""'1'''''''''''''''''............'''''''1''''''''''''''............-'''1'''''''''''''''''':''''......"''''''''''1\SMITHFIELD

390 George WashingtOll Highway(401) 349-3668

4i)C@o,ea-1='mre%\l"Oltlle Yokohama

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IMIlCHlIEUINI

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MANUAL

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17" ESTREtLIi--Af'iERICAN RACINGe100& 9017B~07 11/21/11

RIGHT FRONT

1 13B.95 01 .00 138.95

METHOD OF PAYMENT:VISAlMASTERCHANGE:

148.68 EXP: XX/XXXX.00

P,UTHORI1ATlot, CODE: 1

,;

.or"'U""- Jrm" I/~ ,/--1/ e.OCX?-.RJt-j-' . ~j:ll: OCT 21 2011CITy"OF NEWPORT~RHODE ISLAND 'I !

PUBLIC ENT;;i~~;~MENT~~i~SEAP !:~~.~~J;k~ r:E

J

TO THE HONORABLE COUNCIL: £x.'j)!1A1S I ()At DATE: I J tJ /2 C/2-0 II

DBA Name: I &~Iilie..'~ 11 bOU.D,4 Lui,,,,\?, '" "JT;"l,fi",,, J Jli4Jli £{'.ite,.n T".>. Ilo'"Je

Business Phone: I lIol- bIq· 37 70 IAddress: tN ~J;l\;,,"", $rNer

N~".Jf"tl· I /?T: oiti/V

Corporate/Business Owner Name: I 'FIi\ V'C>. ~11' .,? .9J,hr;V'1

Owner Address:/1l1 V~lVl l~/Il!lH Aut..

Own", dty, I Ihwr~t I Stat<" I RL I Zip,

Owner Phone: ! 203>.5 <. "SIH IFor Mailing Address (choose one): /

("Bw'_:'0", OR Uoo Own& Add=" OR Olh&M""•• """"",,

License Number: [

Yearly is June 1- M-aY-3I-GY'=~-

or ifDaily (list dates)

CLASS:[ill DURATION: I

HOURS:

Location:

51''''' - 'Z t~'" (~n\:- of 0« ..)

1'1- 2..'''f~ ( 5 "'~1ll'L>~ .

Initial Here that PLAN is attached that specifically delineates & defines location ofentertainment:

INITIAL HERE to acknowledge receiptofNOISE ORDINANCE It5H IDATE: r---b~-I-(-I

Filing Fee·!l1. Date Paid: , 6 License Fe~.::s If)/} I Date Paid:

License Issued By: __ Date Issued: -+-.:-- _••• 00. ~ _.00 •• _ o¥ ••• _ 0 ¥ •• 0 __ ¥ ¥ _.0 __ 0 __ •• ••• _. _ 0 0 __ .,_. _. _¥ __ 0 •••• p __ • _._ 0 __ .0 _. _ o. _. _. __ ••• __ •• _ •• _ •• __ •• __ ••• _ ••••• _. __ • • _. __ .0 __ •• _.

ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory onlyClass C (Class J Liquor) ($500)

}?-:\!~X ~!~~~.-:\ .E?r~:. ~.~r SJ~~~.~ .l?~.i!Y..~ !~.1?~~ .~~Y..(-:\~~~!~?~~.!?~~~!r q~~~.N .. _. __ACTION OF COUNCIL: ACTION DATE: _

u

·~;71J;~~~" I!;lJfJltfJ)it) d Iik,sf 11 fA f'1/J3'

Page 2 of2 Entertainment License ApplicationJUNE I, , TO MAY 31, _

PLEASE COMPLETE ALL CATEGORIES. Use .oN/A" if not applicable.

AMPLIFICAnON? \ItADEEJAY? YI::;CONCERT? kllA-BAND?

',"V'f, ..t ,'4-1"" d "'\id,}l, f.,jtH~ -J<_h'~"

HOW MANY MUSICIANS?1\.\" >MnNJ +1,,, •

J

<{

HOW MANY VOCALISTS?0",. c' f" '~'~-a

TYPES OF MUSICAL INSTRUMENTS? o.",{ , ,- ",'k.. ," C\""t~V' d~.~j ch eh:,DANCING?

Ytc'>J ,,1 .1 .1 .,J

DANCE REVUE 11-,,,',,11.,

MOVIES? 'YesPLAYS?

~ t'

OTHER ttlL '\)Mdnl' 'Pn.-" KOIA,!,'",,,,cr

J J V JExpected Attendance: __..J.l\::..JI.t:PtL' ,..-_ Seating Capacity: _-"'B:....5.L· _

17/11.Parking Availability # of Vehicles: 4 +- ~l);\-N":t p",.ki,

Do you have a Liquor or Victualing License:1i">j \1 ict-l<" I"VI Llc el1St

Your signature below indicates that you have reviewed the information on this two pageform and agreedthat it is correct. Any change will require that a new application befiled with the City Clerk's Offict;.

SIGNATURE OF REPRESENTATIVE:

PRINTED NAME: I----,-F.1..:P'.:.cI' ",,,,-"h'-'-4Jh'''''-1'l.",--~s.;>J'l",,,,,-,,}w',,,-,')C!."CL; ~I DATE: I IfJb C'h 4f..

TITLE: 1_.o:O'-',"-'vb"-L.f L1' _

RESTRICTIONS:

Date of Duration: ANNUAL_

Application is made for a SECOND HAND LICENSE

n. o·~t·"A::" '!J \....-. ./ . Lc-~,

CITYOFNE ~~J:L~ODEISLAND i' I:! ~\G'r:APPLICAnON FOR SECOND HAND LICENSE (or ~famsfer) I

Cli,' f.,.·- - .J

TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

DATE: II \7-3 ~1--:-1/_

Business Phone:~ 0I~2'4'B - 0/261.-

BUSINESS NAME (ownership): ~ \Pt:'tr== D1LN=----"W~<:..-=-. _BUSINESS DBA:~"'-I-/I--\\J'<0'-.LI.'Lb~-"-·-=- _

BUSINESS Location:_tI--'--L--\PJ.-1-"LUc...!<fJL-W-!--'----.:C=-1-'- _

OWNER'S Name:---l,.<'-4="~~J.0'~£'!d..L1.1.2!.~I_J.dUlLLJ.JC-jL~+_0~'!LL~

OWNER' S Signature:.Ji\.A:i~W\_M1[U1L{:r:~:::::!t::::::::::::=----------

OWNER'S Home Address: e') SLOWNER'S Telephone #: l-IL:6--'.1_'--",d__S'=-'O",,-'-_O_0-=-\j.....L- _

PREVIOUS BUSINESS (ownership): _

PREVIOUS BUSINESS DBA: _

PREVIOUS BUSINESS ADDRESS: _

PREVIOUS OWNER'S Signature: _

~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY ~~~~~~~~~~~~~~~~~~~~~~~~

Filing Fee $15.00 Date Paid: NOV;? 32ml \Ar3 NewL Renewal __

License fee $100.00 Date Paid 1\~Uv t. j ZUJ} ~

License issued by:__ Date Issued: _

ACTION BY COUNCIL _ ACTION DATE _

'Note: AS OF SEPTEMBER 26,1990, THE SECOND HAND LICENSE FEE WAS RAISED TO $100.00

/\ pp03Secondi J:llJ(ILiecJlllC

PAGE 10f2L~st,pnnteM<fI2~o()I~'5<1', AM

CITYR~ ~~~~~~~'3~~~~E ISLA¥l) , PFZ8PSof:VICTUALING LICENSE APPLICATION \

TO THE HONORABLE COUNCIL: DA~_:_. --Ii

D/B/A

LICENSED PREMISES

LL.-CIOwner Address

City: State: I ("'> __,~ _ IZiP:1 "'z.<,.-'(J",~""-'-' ~ <"''''-:-'\ . \\-_..... . 'U U 'I '"

Owner Phone: IC- IBusiness Phone: I_ .z..",,\) '7_en - 1<\,--"L . . _

Mailing Address (choose one): (a) Business Location, (b) Ownership Address, or (c) Other (specity below)

ILicense Number: 1:>\9 CLASS: FE ILitter Rating from I ICity Clerk: . _

DURATION: I AIIV\\,ll< \ I (Annual is DEC I tbm NOV 30) orifSeasonal (list dates): 1'- 1

Estimated monetary I41 Iinvestment involved: elf 1-0 ,e>" "

Hours of Operation: I ~ C\ vV\ h 2 Ai 1"\ IDo you have Extended Hours of Operation (Le. 2:00 am till 6:00 am)?~ if yes, specify extended hours and days:

Hours: I I Days: 1 ---'

Is liquor license application being submitted by the applicant? r-:-::-l~

or will it be in the future?IIu.u•••• D•• ~ .D'D.D.~

Description and/or rendering of architecture to be used (if changing). INITIAL~~.~~••: Attached? (YES?No) t.'l.~~.:

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TIllS LINE - - - - - -. - - - - - - - - - - - - - - - - - - -

Filing Fee:~ Date Paid: I II/,JO/)/I I

License Fee: 1",'460

Approved by Council _ Disapproved by Council _

Issued by Date _

PAGE 2 of2

Owner:DBA:Location:

Victualing License Application Dec. J,

Last printed 6/512007 10:54 AM(0 Nov. 30,

DODDDOO.' ~ •• DDDDDD~D~D.D.D~ODDDDDDD.~DD.ODDDDa.DBa~.DaBD.D~DBD•• DDDa~

: : & Signature:: :D. a a:aaDaDaOO: ~DDOaaDDDDaaODaOaOaaapaDaaODaaoaa~DaDDDe~~gDDDaD~DDGDDDD~~D:

IfNEW establishment -or- if NOT already "on-file", PLANS must be provided.Ifnew establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area,

#"._' ;:.:,,,.....no ••-.,,,._,,.•.,~•••"'- __• _

PI~Q~~tt~c~ed-'on.fiIe (YES or NO):

Current Seating: I&6 I

Type/Odor Prevention:

ParkingAvailable?

Garbage Disposal:

Locatiou:

ParkingLocation?

Dumpster? Trash Receptacles?

Weight per pickup:

Number of Cans:

I I


PRIVATE PICKUP?E] By Whom? I);/~-/;; /1;1#..::..:.:-.::.=-'--\v;f='-:-====-----:====

INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) r·········· DATEr······· .. •.. ••••••••••••\.0 •••• 00... .O.O •• O••••• O•• DDDD.O.O.O ••

Type ofBUSINESS:

Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct. Any change will require that ' ation be filed with the City Clerk's office,

.D ..... " ..D~D... D . - .. DlI •• II~·".Il.D.D."•• II " •••• """ ••• ,,.... lIIId.d ..... II,"Z ...... """,, ...

t~z;.~... ;(;; ;;;: ::-.c ~: l Date: t I.'!i.II..~:'.~) jPhone #:

Print Name:

I(;<-Y1 \ 'Le -+ -<1-9 2'7---

y :",Wt~h Edif.ill [\\VIT20m i\ppJil;lli iOtl.d(\C.;

SCHRODER'S66 Broadway , .

Newport, RI 02840

NO\/ ~ ('.. ,d ,

oD

/'

.::r:=.•...•.•...---~-

I

I1.-

I

;or;

IIIr--t--ij--------:.~-i-

\~ I

Dec. 1, ~Nov. 30, _

VICTUALING LICENSE APPLICATIONTO THE HONORABLE COUNCIL:

PAGE 10fl

Last printed 6/5/2007 10:54 AM

CITY OF NEWPORT, RHODE ISLAND ,PFZe,PS U,

DATE: III //8'/;N9tl

LICENSED PREMISES

JS"c" ,. IS'V 13 ("jffi~UA-t1, It.)CuJ()c'JtL:T, Fr tY:J.-f'JD,

City: IJJ;'clcI Ctf1J(~,.v IState: l,e.z:;- IZiP:1 dn/fA IOwner Phone: I{p(p;;J., _2-2 q51 IBusiness Phone: I~~/I &&2- - 2-2./13

Mailing Address (choose one): (a) Business Location@OwnerShipAddress, or (c) Other (specifY below)

I License Number: CLASS: ILiller Rating from I I.-------------------- City Clerk: . .

DURATIONJiZ/01~ I(Annual is DEC Itbrn NOV 30) or if Seasonal (list dates): I IEstimated fl?onetary 1# ';).,.--tJ /'l()/1 Imvestment mvolved: . :;;. IV' (/ .=========Hours of Operation: I /1 v{/'h - / A.A1 I

Do you have Extended Hours of Operation (Le. 2:00 am till 6:00 am)?~ if yes, specify extended hours and days:

Hours: I I Days: I 1

Is liquor license application being submitted by the applicant? or will it be in the future?DDescription andtor rendering of architecture to be used (if changing). INITIAL~::::::J Attached? (YES?No) ~:t?J

License Fee: 1 1Date Paid: 1 _

Disapproved by Council _

Filing Fee:~

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW'THIS LINE - - - _- - - - - - - - - - - - - - - - - - - - - -

Date ~ai.d: V/It;l ~.\,f?ltJl ijjp149

Approved by Council _

Issued by Dute _

Y:'·Wd' Et;itiug\VIT20IPi\ppli(;Hl:n:l dtlC

PAGE 2 of2 Victualing License Application Dec, 1,

Last printed 61512007 10:54 M10 Nov. 30,

Owner:DBA:Location:

I If!x.,Jlt()1

Dumpster?

1_12_'7:_*_,_i'..__f;:::=5=1=R.:;-t_l2_t'_'_' ---JI ~fu~a~~r: I 3Trash Receptacles? [&]

ParkingLocation?

ParkingAvailable?

Location:

Garbage Disposal:

IfNEW establishment -or- if NOT already "on-file", PLANS must be provided.If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpsterlocation, and parking area,

Plans attached r'on::fii ~OrNO): r.. ··oo.~ & Signature:r~,~~~·············~····~···················· ••••••••• :

Current Seating: ( 5 :..00....: :;,~.~~ .....;~'\'},j'l'::> ......oo .. oo .. oo .......:

Type/Odor Prevention:

Weight per picknp:

Number of Cans:

PRIVATEPICKUP?CEJ By Whom? I uJtt.Jk ,-WaP1d~ ~ j2frI''' •••••• • ..

INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew) L~.~.ooj DATEL.!.)!.ff."'I.~Uoo.

Type ofBUSINESS:

Your signature below indicates that you have reviewed the information on this two page form and agree that itis correct. Any change will require that a new application be filed with the City Clerk's office,

....................................................................... .....~ ..•...............

Asignl~tureof L.\\~~~~'}.......oo~~oooooooooooo .... oo ••oooo.J Date: L~~00.~~\.1,;?~\.JPP lcant: C\

Phone #:

Print Name:

Y:-Wcb EditillgWrn007App1it:m;on doc;

,; .,:\Last printed 6/5/2007 10:54 A¥

PAGE 1 of 2 CITY OF NEWPORT, RHODE ISL~O\f 17)ml \Dec. I, ·Nov. 30, .<. \

VICTUALING LICENSE APPLICATIONl , ...' \TO THE HONORABLE COUNCIL: \ DAtE:l'Novemb'e lC 7, 2(:1

D/B/A The Pier Restaurant

~==========================================~.LICENSED PREMISES West Howard Wharf, including patio

OWNER (LLCiC

.) N.A.J. Associates, LLCorporatlOn: '- -.J

Owner Addressl P • 0 • Box 4259

City: 1~=M=i:::d=d:::l=e=t=o=w=n====iI~St::a:te::-:-;,=.=R=r==::;-'Z:;i:p:r:1=0=2=8=4=2='=

Owner Phone: 1'-_2_2_5_-_7_5_0_0 IBUSineSS Phone: '__2_2_5_-_7_5_0_0 _

Mailing Address (choose one): (a) Business Location, (b) Ownership Address, or (c) Other (specify below)

48 Ward Avenue, Middletown, Rr 02842 I

'

=L=i=c=en=s=e=N=um=b=e=r=:====C=L=A=S=S=:========:;I:::L~itt-e-r-:R:-a-tl:-.n-g-:fr:-o-mrl============,.--:---------~__,_-------. City Clerk: . .

DURATION:I Annual I(Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): ,'- ,

Estimated monetary I Iinvestment involved: ==============Hours of Operation: I 11 AM to 1 AM IDo you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? D ifyes, specify extended hours and days:

Hours: 1'- 1Days: 1 _

Is liquor license application being submitted by the applicant? EJ or will it be in the future?D.. . ,.

Descriptiou and/or rendering of architecture to be ilsed (if changing). INITIALS: : Attached? (YES?No) : :..... .- - •• - - - - - - _.-. - - - - - - - - - - - - - - -DO NOT WRITE BELOW TillS LINE - _. _- - •• - - • - • - - - ••• - - - - - - -

Filing Fee:~ Date Paid: ,'- _ License Fee: 1 ' Date Paid: , -'

Approved by Council _ Disapproved by Council _

Issued by Date _

Y:\Wt::b Editinu\VIT2007 Applic£\l"iOll.d(lc

PAGE 20f2

Owner:DBA:Location:

Last printed 6/5/2007 10:54 AMVictualing License Application Dec. J. _ _ _ IoN 0 v. 3 a .

If NEW establishment -or- if NOT already "on-file", PLANS must be provided.If new establishment, provide detailed Site Plan showing entire.pi~ses, interior, erGetior, seating capacity, dwnpsterlocation, and parking area. 'rd j /Plans attached or on-file (YES or NO): ry';"~'l & Signatur r ..!.. ...../~····R/·:·4···· · ····· ·1Current Seating: I 400 : : f.~.~U1"':." :Parking EJes Parking Ad . t t b' I Number: CJ]acen 0 u11dingAvailable? Location? of Cars

Garbage Disposal: Dumpster? CJ Trash Receptacles? DLocation: IHoward Wharf IType/Odor Prevention: I Spray IWeight per pickup: I 6 ft. compactor Icu.Number of Cans:

I I1

PRIVATEPICKUP?8 By Whom? I Waste ManagementI' II ••••••••

INITIAL to acknowledge receipt ofLitterlTrash Info (ifnew) :, •••••••••• 1

Type of IBUSINESS: Full service restaurant

DATE~··························.1'•• I' ••• II •• I' I' II I' II •••• II II.

Phone#:

Print Name:

Your signature belO,w in icates that yo¥ h17te reviewed the infonnation on this two page fOnTI and agree that it

Applicant: ~l:1Ait: . 1' ' ~

401-225-7500 I=V=i=n=c=e=n=t=s=a=n=d=o=n=a=t=o=========' Title: I

L~M:.:a::.:n~a=g.=i",n",g,--,M,",e",m"""b:se",r~__-.J

Y:\Web Edi1.illg\VIT2007 AppJh:uiion.(loc

Doris Duke Monument Foundation51 Touro Street

Newport, Rhode Island 02840-2932

Tef; 401.849.7300

Fax: 401.849.0125

www.ddmf·org

BOARD OF TRUSTEES

Mrs. Robert H. Charles, President

Mr. David S. Gordon, Vice President

Mr. Thomas P.l. Goddard, Treasurer

Mrs. Samuel M.V. Hamilton

Dr. t. Roger Mandie

Mr. Eric K. Hertfelder

Members of the City CouncilCity of NewportCity Hall43 BroadwayNewport, RI 02840

December 6, 2011

Dear Mayor Waluk and Members of the City Council;

It is with great pleasure that the Board of Trustees of this organization forwards foryour consideration our offer to reconfigure Queen Anne Square with a design byMaya Lin and Edwina VonGal.

This, the final concept, includes the accompanying packet of drawings,renderings, and plans subject only to any revisions according to the City CouncilWorkshop of December 7, 2011.

Attached to this letter is a contract reviewed by the city's legal staff, which isacceptable to the Doris Duke Monument Foundation. If this agreement is acceptedby vote of the Council, the Foundation stands ready to begin construction at theearliest mutually acceptable date.

Sincerely,

/\T\~l ~ 'D. ~ ~"'--Marion Oates CharlesPresident

12-5-11

Agreement on this _ day of December, 2011 between The City @jf Newplll>rt, a

Rhode Island municipal corporation, having a place of business at 43 Broadway,

Newport, Rhode Island ("the City") and The Dillll'l1s Duke l\fi[1Dll1lUlJIIUlll1t )F'IDVlmllatiillll1l, a

non-profit Rhode Island corporation, having a place of business at 51 Touro Street in

Newport, Rhode Island ("DDMW"I.

1. The City is the owner of an area known as Queen Ann Square ("QAS") which

is a public park located in the City of Newport and bounded westerly by Thames Street,

northerly by Church Street, easterly by land of Trinity Church and southerly by Mill

Street and land of the Newport Restoration Foundation.

2. DDMF is a non-profit 501(C)(3) corporation established to create and

maintain a permanent memorial to Doris Duke.

3. Doris Duke was a Newport resident instrumental in the restoration and

preservation of 18th century houses within the City of Newport, and both the City and

DDMF desire to recognize the contribution of Doris Duke to the City of Newport.

4. Doris Duke, as part of her restoration efforts in the City of Newport, was also

instrumental in establishing a public park on QAS.

5. DDMF has retained the services of Maya Lin, an internationally renowned

artist to design a work of art, known as "The Meeting Room" as a part of the

rehabilitation of QAS as depicted on Exhibit "A" which is attached and incorporated

herein. The Meeting Room will enhance QAS to better serve the public needs and will

serve as a tribute to Doris Duke in recognition of her extraordinary efforts in the

preservation of historic Newport.

6. DDMF, at its sole cost and expense and as a gift to the City, shall refurbish,

rehabilitate and modify QAS in compliance with Exhibit "A". DDMF shall post with the

12-5-11

City a performance and payment bond in the amount of one and Yo. times the estimate

of construction cost guaranteeing the completion of said refurbishment, rehabilitation

and modification of QAS in compliance with Exhii1b>iit "h". DDMF shall be responsible

as part of this gift for all costs of every kind and nature associated with the

refurbishment, rehabilitation and modification of QAS, to include cost participation in

any required or needed soil and/or ground water remediation due to the presence of

contaminated soil and/or hazardous wastes, both as defmed in federal, state or local

environmental laws.

DDMF shall hold harmless, indemnifY and defend the City and its members,

directors, officers, employees, agents, contractors, and the heirs, personal

representatives, successors, and assigns of each of them (collectively "Indemnified

Parties) from and against all liabilities, penalties, costs, losses, damages, expenses,

causes of action, claims, demands, or judgments, including, without limitation,

reasonable attorney's fees, arising from any injury to or death of any person, or

physical damage to any property, resulting from any act, omission, condition, or other

matter related to or occurring on or about the subject property during the

refurbishment, rehabilitation or modification of QAS. The City will issue a Certificate of

Completion of the project.

DDMF will be responsible for any claim or claims and pay any costs up to an

initial $175,000 and thereafter pay 55% of any claim, claims and costs, cumulatively

of any kind and nature arising from the discovery, finding, transportation, storage and

disposal of any oil, hazardous material, hazardous waste or hazardous substances or

other contaminants on, beneath, above or under QAS as those terms are defined by

any applicable law, rule or regulation, including without limitations, the Rhode Island

Hazardous Waste Management Corporation Act, R.I.G.L. 23-19-1 et seq., the Rhode

Island Hazardous Substance Act, R.I.G.L. 23-24-1 et seq., the Rhode Island Rules and

Regulations for Hazardous Waste Generation, Transportation, Treatment, Storage and

Disposal, the Comprehensive Environ-mental Response, Compensation and Liability

Act, as amended, 42 U.S.C. 9601 et seq., and the Resource Conservation and

2

12-5-]]

Recovery Act as amended, 42 U.S.C. 9601 et seq., as a result of work performed by

DDMFonQAS.

In the event of any required remediation, the City will use all reasonable effort

and diligence to obtain grant funding dedicated to said remediation.

DDMF shall be solely responsible for any costs associated with the testing of

QAS for soil and/or groundwater contamination. The City reserves the right to

terminate this Agreement as a result of the aforementioned testing indicating soil

and/or groundwater contamination.

7. Construction will commence in early spring, 2012 and proceed with due

diligence until completion. The commencement, scheduling and coordination of any

construction activity and any associated specifications or work (including the quality

and type of materials being used) on QAS must be approved by the City Manager or

designee. The City Manager or designee may suspend temporarily or terminate any

construction activity during the course of construction. Any contactors or

subcontractors or tradesmen hired or directed by DDMF to perform work on QAS must

be approved by the City Manager or designee, consent not to be unreasonably withheld.

8. DDMF, at its sole cost and expense, agrees to maintain the improvements and

landscaping installed in or on QAS pursuant to Exhibit "A" including, but not limited

to, repair and maintenance of walls, fountains, footpaths, paving, lighting (including

replacement of glass and bulbs). DDMF further agrees to remove graffiti and spray paint

and the like from walls, foundations and paving. Any and all maintenance to QAS will

be with the approval supervision of the City Manager or designee. In the event DDMF

fails to maintain QAS to the reasonable satisfaction of the City, the City shall notilY

DDMF, in writing, of the maintenance deficiencies. If DDMF fails to remedy the

deficient conditions within sixty (60) days after notification to the reasonable

satisfaction of the City, then the City may assume the maintenance of QAS and, in such

event, the cost of the maintenance performed by the City shall be paid by the

Maintenance Trust hereinafter established.

3

12-5-11

9. DDMF will establish a separate maintenance trust that shall be known as the

QAS Maintenance Trust. DDMF shall initially fund said Trust with $500,000 to be used

and administered by the Trustees exclusively for costs associated with the maintenance

tasks specified in Paragraph 8 above, in a professional and workmanlike manner.

Additionally, contributions may be made to the principal of the Trust from time to time.

The Trustees shall use the interest income earned by the Trust fund and so much of the

principal as may be required for the maintenance tasks set forth in Paragraph 8,

provided however, if the City changes the use of QAS or substantially alters the

improvements to QAS made by DDMF or assumes all or a portion of the maintenance

tasks, otherwise the responsibilities of DDMF under this Agreement, the Trust shall

terminate and then the principal and earned income shall be paid over to DDMF and

this Agreement and all obligations of either party shall cease.

10. The Trustees of said Trust shall be comprised of two designees appointed by

DDMF and the City shall appoint one designated Trustee. The Trust hereof is a Rhode

Island trust and its validity, construction, effort and administration shall be determined

and governed by the laws of said state. The Trustees are authorized to exercise all

powers conferred on them by any Rhode Island statute existing at the time of the

execution hereof and may exercise all powers otherwise conferred by law. The Trustees

shall not be required to furnish any bond or surety. The Trustees and any successor

Trustees shall not be required to qualify in any court and are relieved of the filing of any

document and accounting in any court. The term "Trustee" and pronouns referring

thereto shall refer to the Trustee or Trustees from time to time acting and, if more than

one Trustee is acting, shall include the plural and appropriate genders.

If at any time this Trust, created hereunder, shall be in the aggregate principal

value of Fifty Thousand Dollars ($50,000.00) or less, the Trust shall terminate and the

assets in the Trustee's possession shall be paid over to the City.

11. City agrees to maintain and mow the grass and provide snow removal from

all walkways and trash removal in a professional manner.

4

\2-5-]]

12. If requested by the City, DDMF agrees to install and maintain no fewer than

two (2) surveillance can'eras. The monitoring of surveillance cameras shall be the

responsibility of the City.

13. DDMF to be responsible for the payment of utility bills during construction

for all improvements shown on ExllIli1b>Ri: "A.", and upon completion of the project, the

utility bills shall be considered a maintenance cost.

14. DDMF shall obtain and maintain a comprehensive liability insurance policy

in the amount of $2,000,000.00 and name the City as an additional insured during the

period of construction, and thereafter during the course of DDMF maintenance

responsibilities.

15. The rehabilitation of QAS and the installation of the walls, fountains,

.pathways, lighting and other improvements are deemed to be a gift to the City of

Newport from DDMF and nothing in this Agreement shall be interpreted or construed to

infringe upon the fee simple ownership by the City of the land and of the improvements

thereon made pursuant to this Agreement. While the City recognizes the intrinsic value

of Maya Lin's design of QAS and endorses The Meeting Room as a desirable addition to

the City, nothing herein shall be construed to limit the right of the City in the future to

alter, change or assume the maintenance of any and all of the improvements made

pursuant to lExhi1b>U: "A.".

16. Any refurbishment, rehabilitation and/or modification of QAS shall be

compliant with all federal, state and local statutes, ordinances, rules and regulations.

17. Arbitration. Any dispute arising out of this Agreement or its implementation

shall be resolved by arbitration. Arbitration shall be in accordance with the rules and

procedures promulgated by the American Arbitration Association (the "AM"). A single

arbitrator shall be appointed by the AM.

5

12-5-11

IN WITNESS WHEREOF, the parties hereto have set our hand this __ day of

December, 2011.

WITNESS:

6

CITY OF NEWPORT

By _Title: _

DORIS DUKE MONUMENTFOUNDATION

By _Title: _

TO:FROM:DATE:RE:

City of NewportOffice of the City Manager

Mayor Waluk & City CouncilEd Lavallee12/5/11Queen Anne Square Proposal

MEMORANDUM

This week, the City received a revised set of plans, drawings and renderings for Queen AnneSquare reconfiguration project. The project is formally proposed by the Doris Duke MonumentFoundation (DDMF). The submission of these documents follow a series of eventssummarized as follows:

• An initial presentation to the City Council of a conceptual design for the project, led byPieter Roos, at which time an initial set of drawings and plans were delivered to the City

• A number of public discussions organized by Pieter Roos to receive public commentsand input on the proposed design and details

• Periodic updates to the City of amendments to the initial plans, as products of the publicdiscussions

• Submission of a revised set of plans reflecting the collective changes and providingadditional detail

The project documents have been distributed to appropriate City Departments for review andcomment. Referencing a typical construction project plan review, the staff has commented onthe documents received. The comments and recommendations are summarized herein. Thestaff review and recommendations are predicated on the following assumptions:

• The total cost of preliminary and final engineering design for the project is borne by theDDMF

• The total cost of project construction is borne by the DDMF• The project includes a provision to establish a restricted account for the perpetual

maintenance of the park, with the following conditionso The maintenance fund will be established at the threshold level of $500,000, (or

more pending availability of additional unused project funds)o The costs assumed by the fund will be used only for the maintenance,

improvements and modifications to the park as they relate to this project; otherpreexisting maintenance and improvement costs will continue to be borne by theCity (Eg. Lawn grooming)

o A three-person Committee established by the DDMF will manage the use of themaintenance account

o Among the predetermined on-going expenses to be borne by the maintenanceaccount are: electrical cost of lighting, water for fountains, maintenance ofplantings, maintenance of structures, monuments, cleaning/ removal of graffiti,

general cleaning of site! trash; other general maintenance and repairs related tothe project installations and modifications

o The City staff will assume the responsibility for the grooming of trees, lawnmaintenance, trimmings, etc.

o Other required repairs and maintenance work will be outsourced as determinedby the Committee

• The costs for any soil testing and associated remediation will follow the prescriptionoutlined in the current proposed contract between the City and DDMF

Given the assumptions as cited herein and the documents provided by the DDMF for review,the staff comments and recommendations are as follows:

• Public Safetv: The Police Department has an established camera system in thebusiness district for the general monitoring of vehicle and pedestrian traffic. The additionof one or two cameras focused on Queen Anne Square would provide a beneficial proactive resource to the Police Department, especially in times of heavy pedestrian traffic,such as when bars are closing. The new cameras could be added to the existing policenetwork. The purchase, installation, and maintenance will be borne by the project. Anamortized rate for maintenance of these specific cameras would be determined as aportion of the systems annual maintenance cost. The Police Department considers thisprovision to be of value to the City at no additional cost to the Police budget. Otherwise,the Police Department has not identified any inherent public safety risks associated withthe project design.

• Public Services: The provision for maintenance of additions and modifications to thepark are included in the cost project maintenance fund. The Public Services Departmentwould exercise plan review of the project detail as the construction drawings are refined.Specific areas of interest would include ADA accessibility, the slope and contour ofwalking surfaces, and other details affecting safety and liability issues. As the projecthas not yet evolved to provide this level of detail the Public Services engineers will workwith the project designers to ensure that the City's safety objectives are met. Also, asproject details evolve, the Public Services Department will comment on materials usedin construction to ensure that maintenance costs and procedures are efficient andpractical in design and workmanship. Among the project elements requiring greaterdetail are:

o Materials and construction detail for walkways. As the plan evolves, the specificwalkway material, edging, and subsurface should be provided for staff review; itis understood that recent changes include the addition of bluestone pavers

o Cornerstones, curbing, and access points to the park: need to be detailed;identify resetting of uneven or settled sections of curbing and corner posts

• Inspections: The Building Inspector has determined that the project elements requiringreview for permitting are: electrical lighting, plumbing connections for the water table,and structural plans for the chimney. These items will be reviewed and permitted as iscustomarily done with other construction projects. The project drawings are sUfficientlyclear to indicate that the foundations as shown are merely stone walls erected on apatio-type floor, and therefore not categorized as structural for purposes of review andpermitting. The Inspectors will work with the contractors as the project details arerefined to issue review the plans and issue permits as required.

• Landscaping: Several changes to the original plan are evident in the modified drawingsand related discussions including: generally reducing the caliper of new planting(diameter of the trunks of new trees), limiting the number of existing trees to beremoved, and placement of new trees. More detail is needed on the specific size andcaliper of trees to be added, and the species of new trees. Additional detail is neededon tree-up site lighting and proposed benches. Lighting, benches, and related amenitiesneed to be durable in construction and tolerant of heavy use. For purposes of generalmaintenance and ensuring the long-term health of plantings, more detail on the treeplan should be provided.

• Utilities: The Utilities Director has indicated a need for greater detail for the water supplyand for the drainage of storm water runoff. An articulation of the water supply sourceand location will be needed. Also, as required by our RIPDES permit a Storm WaterManagement Plan will be required. Staff is examining records to determine existingconnections to storm drains and sewer lines. Once determined, a rechanneling of stormwater runoff may be necessary. Utilities staff will communicate with project designengineers to ensure that proper protocols are followed with respect to installation of aninlet water supply and with discharge issues related to drainage and storm water runoff.It is understood that Phase 1 research for pollutants has been authorized by the DDMF.Information gained from the research and documentation phase will determine whetheror not there is a need for Phase 2 follow-up soil testing. The results of the soil testingwould determine if a Phase 3 remediation plan is necessary.

• General Conditions: Throughout the project review process the staff has examined theproposal with respect to the practicality of the components. Based on staff reviewseveral changes to the original plan have been made including:

o The original conception of the chimney with a working fireplace has been revisedto eliminate the functioning fireplace

o New tree size has been generally reduced in consideration of the requirements toensure the survival on new plantings

o Walkway surface material has been modified to add stability and durability

Discussions and review have focused on the perceived use of the park. Given the influx ofvisitors to the downtown district, varying populations that may be in the park at different timesof day, review of the current plans and drawings consider practical maintenance, reducing risk,and maintaining the park in attractive and safe condition as a public attraction. In addition tocomments and recommendations made to date, it is recommended that the stacking chairs beremoved from the plan. The inclusion of chairs as an amenity for a gathering place isunderstood, but the necessity of monitoring and controlling portable items like chairs in anopen-air public park is not practical. Experience has shown that durable, fixed-positionbenches, or chairs of a similar stable fixed design would be more practical.

In summary, the collective staff review considers the proposed plan to be manageable. SUbjectto continuing review as the project details are developed, the staff will work with the designengineers and construction contractor to ensure a complete understanding of the standards forcompliance with municipal code requirements, compliance with state regulatory guidelines,and conditions and details cited in the final approved stamped plan.

CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

RESOLVED: that the agreement for improvements to Queen AnneSquare between the City of Newport and the DorisDuke Monument Foundation is hereby approved and theMayor is authorized to enter into said Agreement onbehalf of the City, subject to review of the CitySolicitor's Office.

IN COUNCIL

READ AND PASSED


Newport City CouncilNewport City ClerkNewport City HallBroadwayNewport, R. 1. 02840

Dear Council members,

December 6,2011

II J) if '). I; II VI if~ '11

1"\11

!I,j 1\1, II !I\ DEC - 6 2011 :\)

l..1Cil: ,.A.

Enclosed please find a petition in support of the re-design of Queen Anne Square. As Iwent about collecting signatures, I was overwhelmingly impressed with the vast supportof the plan. I trust that this petition will reflect that support.

Thank you for your attention. I look forward to the workshop tomorrow evening inCouncil chambers.

Michael H. Walsh7 Hall AvenueNewport

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PAGEl

The undersigned support

the Maya Lin re-design of Queen Anne Square

I. ALEX WALSH

2. TIMOTHY BROWN

3. BART DUNBAR

4. JAMES TIMOTHY O'REILLEY

5. PAUL O'REILLEY

6. JERRY KIRBY

7. TOM PERKINS

8. RICl-IARD KORN

9. SUE LAMOND

10. STEPHEN COYNE

II. MICHAEL H.WALSH

12. CHARLES HAYES

13. WILLIAM CORCORAN

14. ANGELO CORRIERA

IS. LIBBY KIRWIN

16. WILLIAM VAREIKA

SAYER, REGAN THAYER & FLANAGAN

T. J. BROWN LANDSCAPING

BOWEN'S WHARF COMPANY

NEWPORT HARBOR CORPORATION

NEWPORT HARBOR CORPORATION

KIRBY PERKINS CONSTRUCTION

KIRBY PERKINS CONSTRUCTION

YESTERDAY'S RESTAURANT

SALVATION CAFE

ACTIVE SOLE

MIKE WALSH AND THE FAM-DAMNLY

O'NEIL HAYES FUNERAL PARLOR

NEWPORT TENT COMPANY

TOM QUICK MASONRY

LIBBY KIRWIN REAL ESTATE

WILLIAM VAREIKA FINE ARTS

Page 2



I. MICHAEL JENKINS

2. PAULLEYS

3. KATE KIRBY GREENMAN

4. KIKI SHERMAN

5. MECHELLE KIRBY

6. EDIE CUSHING

7. JONNA CHEWNING

8. MICHAEL HAYES

9. MARY JENKINS HAYES

10. ANDREW CORCORAN

11. KEVIN KIRBY

12. MACEY DUNBAR

13. TURNER SCOTT

14. ROBERT CURRIER

15. BROWNIE WARBURTON

16. ARRON COONEY

CLARKE COOKE HOUSE

SOTHEBY'S INTERNATIONAL




REMAX-REAL ESTATE

ART PATRON

MICHAEL HAYES CLOTHING

ROGER WILLIAMS COLLEGE

NEWPORT TENT COMPANY

NEWPORT INSURANCE GROUP

ARTIST

TURNER SCOTT L.T.D.

T. J. BROWN LANDSCAPING

M.B.DESIGNS

THE BOARD ROOM

PAGE 3



1. GARY KILROY

2. PAM KILROY

3. THOMAS VICKER

4. ROBERT VICKER

5. MARK THAYER

6. DAVID NARCISO

7. MISSEY NARCISO

8. PETER WALSH

9. MATTHEW PLUMB

10. COREY PLUMB

II. STEVE CASEY

12. SALLY JENKINS CASEY

13. DOLLY BRIGGS

14. KEITH CULLEN

15. LARA WALSH CULLEN

16. WILLIAM WALSH CORCORAN, SR.

ONE PELHAM EAST

ONE PELHAM EAST

VICKERS LIOUOR

VICKERS LIOUORS

SAYER REGAN,& THAYER,LLP

LAKUNA GRAPHICS

LAKUNA GRAPHICS

SONOLYST STUDIOS

RACE CAR DRIVER

JEWELERY DESIGNER

TREE PRESERVATION

ST. MICHAEL'S SCHOOL

" KATSURA"

ATLANTIC MANAGEMENT GROUP

HOUSEWIFE

CORCORAN PECKHAM & HAYES

PAGE 4



1. JOHN SLOCUM

2. JEFEREY GORDON

3. JAN GORDON

4. SEAN RAMON

5. TANYA KELLY

6. BRIGIT NIEUWENUIZEN

7. RICHARD DEDERIO

8. RUSSELL DALY

9. SCOTT NANFELT

10. GRITNANFELT

11. BETTY ANNE MORRIS

12. JAMES CURRIER

13. KRISTYN WOODLAND CURRIER

14. CY THOMPSON

15. ADDISON CAPRONI

16. MURIEL BARCLY DE TOLLY

SLOCUM, GORDON & CO.

SLOCUM, GORDON & CO.

Retired

MOORINGS RESTAURANT

PLACE STUDIO

REINE GALLERY

RICHARD DIDERIO ESQ.

SPECIALTIES UNLIMITED

DELKlN DRY CLEANING

DELKIN DRY CLEANING

HARBOR FINE ARTS

CURRIER BINDERY

TJ. BROWN LANDSCAPING

U.S.V.I. OLYMPIC SAILING TEAM

CLARKE COOKE HOUSE

ARTIST

PAGES



1. EMMETT DUNBAR Founder, AOUIDNECK ISLAND GROWERS MARKET

2. LINI MAZUMDAR DUNBAR LOTUS MOON MEDICINAL

3. LISA LEWIS DUNBAR AOUIDNECK ISLAND GROWERS MARKET

4. JOHN PETER CHABOT Retired, MAITRE 'D

5. MAGGIE GILLIS HOSTESS

6. LEPPY McCARTHY PORCELAINE RESTORATION

7. TOM LAMBERT OUEEN CUT LANDSCAPING

8. JEANNIE MERRILL LAMBERT LANDLORD

9. BRIAN O'REILLY HISTORIAN

10. ALEXANDER NESBITT BLINK GALLERY

11. KATIE DYER NEWPORT GALLERY ORGANIZATION

12. LEROY WHITE SPIRITUALIST

13. JAMES WALKER Captain, MERCHANT MARINE

14. BETSEY SHERMAN WALKER WRITER

15. ANN G. BOYER SOTHEBY'S

16. JOSE SALAS SALAS'S RESTAURANT

PAGE 6



1. JOHN TAFT PARTNER OF THE LATE DON GLASSIE

2. PATRICIA CAHILL TAFT ARTIST

3. TYLER CULLEN NOREY'S

4. ROBERT MORRIS ARCHITECT

5. JONNA CHEWNING ART PATRON

6. LANE DUPONT KITE FLYER SAILING

7. ELIZABETH TIEDEMAN SEASCOPE YACHTS

8. ALAN BYRNE NEWPORT FIRE DEPARTMENT

9. JENEFER CONNELLY ORIENTAL ARTS

10. MAX HAYES MICHAEL HAYS CLOTHING

11 PETER MELLEKAS PHOTOGRAGHER

12. RUPERT NESBITT PAINTER

13. BETTY ANNE MORRIS HARBOR FINE ARTS

14. JOSIE MICHAUD TEACHER

15. MARY CURRIER DE MOSS MICHAEL'S

16. HENRY "HANK" A. LAWLER DUNKIN DONUTS

PAGE 7



1. JED PEARSON

2. ELIZABETH BLAKE

3. THOMAS BLAKE

4. MATT CULLEN

5. JAMES CALLAGHAN

6. EMILY CALLAGAN

7. SUSANAH BOLTEN

8. SAMUEL BOLTEN

9. TIMOTHY WARBURTON

10. DAVID WOODS

PERFORMANCE RESEARCH

PHILANTHROPIST

FINANCIAL PLANNER

M. C. Squared

FLUKE

FLUKE

STYLIST

PUBLIC RELATIONS

CROCS SHOES

CARPENTER

11. DOMONIQUE ALFANDRE

12. DR. ROBERT CARRELLAS

13. MIMI WALSH CARRELLAS

14. GLENN HEBEL

15. ERIN WALSH HEBEL

16. BEN BUTLER

PAGE 8



1. DENNIS CROOKS IRISH AMERICAN CLUB

2. ABDUL CITGO

3. KEVEN WHITTAKER NUTCRACKER SUITE

4. CHERYL WHITTAKER NUTCRACKER SUITE

5. JAIMEE SIMOSE CORNER CAFE

6. MARY O'DONNEHUE CORNER CAFE

7. HANK DUNKIN DONUTS

8. KARASHEA SUBWAY

9. KEVIN CAMBELL BILLY GOODES

10. TOM SHEEHAN BILLY GOODES

II. JAIMEE HIGGENS STEVE'S PIZZA

12. DEANO OLIVERlRA NEWPORTSUNGLASSSHOP

13. MAlA MARANDOLO RYAN'S FAMILY ARCADE

14. MATT GODDARD MRG PAINTING

IS. SONJA PLATT EXTRA-MART

16. RYAN BRUFF RED PARROT

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PETITION

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CITY OF NEWPORT

)RESOLUTION

OF THE

COUNCIL

Noo _

WHEREAS, the Council of the City of Newport, legallyassembled this fourteenth day of December, 2011,would like to recognize City Manager, Edward F.Lavallee, for his many years of dedication andservice to the City of Newport;

WHEREAS, Edward F. Lavallee began his employment with theCi ty as a Research and Development Administratorwith the Newport Police Department in 1978 andserved with distinction in that capacity until 2005when he became the Acting City Manager and shortlythereafter was chosen by the City Council to serve

) as Newport's 11th City Manager; and

WHEREAS, Edward F. Lavallee has always adhered to thehighest standards of ethical conduct and has soughtto lead by example to foster an environment ofintegrity, responsibility and commitment tomunicipal service; and

WHEREAS, as an involved parent, Edward F. Lavallee spentmany years coaching local basketball, soccer andbaseball teams and volunteering in variouscapacities in local sports programs; and

WHEREAS, as a highly regarded member of the community,Edward F. Lavallee has contributed his time to manylocal business and civic organizations, serving onthe Boards of Directors of the People's CreditUnion, the Robert Potter League for Animals, the100 Club of Rhode Island and the Newport SubstanceAbuse Prevention Task Force; and

)

WHEREAS, Edward F. Lavallee is also recognized in the localreligious community as a person with a strong senseof spiritual commitment serving as a deacon, churchfinance officer and Eucharistic Minister in localchurches; and

CITY OF NEWPORT

)

RESOLUTION

OF THE

COUNCIL

Noo _

(Page 2)

WHEREAS, Edward F. Lavallee has decided that, after thirtythree years of service to the City, it is time toretire and enj oy life and spending time with hisfamily: his wife, Sharon; his sons, Ryan, Jaredand Joseph and their families; his granddaughters,Caroline and Violet; and his relatives and friendspursuing activities and interests that he hasheretofore had limited time to enj oy. NOW,THEREFORE, BE IT

) RESOLVED: that the Council of the City of Newport herebyexpresses its deep appreciation to Edward F.Lavallee for his many years of distinguishedservice with the City of Newport, for hiscommitment and dedication to the citizens ofNewport, and wishes him well in his retirement andfuture endeavors.

THE NEWPORT CITY COUNCIL

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia) City Clerk

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

Noo _

WHEREAS, business stability and growth are vital to the well-being of the City ofNewport; and

WHEREAS, the national economic downturn has had a negative impact on many localbusinesses and

WHEREAS, it would be of benefit to the City as a whole and her residents andbusinesses for the Council to establish an Economic Advisory WorkingGroup to evaluate Newport's current outreach to local business andNewport's ability to entice new business opportunities; and

WHEREAS, the Economic Advisory Working Group would work with and solicit inputfrom various business associations and districts throughout the City,including Lower Thames, Upper Thames, Broadway, Bellevue, and theNorth End. NOW, THEREFORE, BE IT

RESOLVED: that the Council hereby establishes an Economic Advisory Working Group,which shall be comprised of five to seven members, representing localbusinesses and the general public, as well as representatives from each ofthe following: the RI Economic Development Corporation, City staff, andthe City Council. AND BE IT FURTHER

RESOLVED: that the Economic AdvisOlY Working Group shall provide to the Councilwithin 90 to 120 days, a report of their preliminary findings andrecommended action items that the City ofNewport may implement topromote a healthy business environment, respectful ofNewport's historiccharacter.

IN COUNCILREAD AND PASSED


NAOMI NEVILLESTEPHEN C. WALUKHENRY F. WINTHROPCHARLES Y. DUNCANJEANNE-MARIE NAPOLITANO


RESOLUTIONOF THE

COUNCIL

No. ----:----:_::_Page 1 of2

WHEREAS: the need for clean and renewable energy has led communitiesthroughout the United States to encourage citizens to install windturbines as a means of lowering energy bills, saving fossil fuels,reducing dependence on oil-producing nations and preserving ournatural environment; and

WHEREAS: the size, height, operating noise, and other physical attributes ofmodern wind turbines require careful regulation to balance theneed to develop such facilities with the protection and well-being ofneighboring property-owners and the community as a whole; and

WHEREAS: the City of Newport Zoning Ordinance does not have any provisionsdesigned to regulate wind turbines other than general regulationsregulating buildings and other structures commonly found onprivate properties; and

WHEREAS: the interest in the installation of wind turbines is expected toincrease among residents and businesses alike; and NOWTHEREFORE, BElT

RESOLVED: the Planning Board and City staff are charged with the task ofdiligently studying the issues involved in drafting special zoninglegislation for wind turbines and to present a draft of acomprehensive wind turbine zoning amendment to the CityCouncil and to consider, among other issues, regulationsregarding:

a) setbacks from neighboring property-ownersb) flicker effect on neighboring property-ownersc) ice throwd) blade sheare) impacts on natural resources


RESOLUTIONOF THE

COUNCIL

No. --::----::_=_Page 2 of2

f) propriety of wind turbines in certain neighborhoods toinclude density consideration

g) impacts on aesthetics and neighboring property-owners ingeneral

h) nOIsei) safetyand be it further

RESOLVED: that the Building Officials of the City of Newport shall not grantany building permit for wind turbines to be installed on anyprivate property, either free-standing or attached as part of anystructure; and be it further

RESOLVED: that this moratorium on the installation of wind turbines shallbe in effect until the City Council of the City of Newport shallhave acted on a comprehensive amendment to the ZoningOrdinances governing wind turbines or until nine (9) months haveelapsed since the date of this resolution, whichever comes first.



RESOLUTIONOF THE

COUNCILNo. _

RESOLVED: That the attached Employment Agreement between the City ofNewport and Jane Howington for the position of City Manager ishereby approved and the Mayor is authorized to sign saidAgreement on behalf of the City of Newport subject to favorablereview by the City Solicitor.


Kathleen M. SilvaCity Clerk

12/2/11

Employment Agreement

Between

The City of Newport and Jane Howington

This Agreement, made and entered Into this _ day of January 2012, by and

between the CITY OF NEWPORT, STATE OF RHODE ISLAND, a municipal corporation

(hereinafter referred to as the "CITY"), as party of the first part, and Jane Howington

(hereinafter referred to as the "EMPLOYEE"), as party of the second part, both of whom

understand as follows:

WITNESSETH:

WHEREAS, the CITY desires to employ the services of said Jane Howington as

Cliy Manager of the Cliy of Newport, as provided by the City Charter; and

WHEREAS, It Is the desire of the City Council to provide certain benefits,

establish certain conditions of employment, and to set working conditions of said

EMPWYEE; and

WHEREAS, It Is the desire of the City Council to: (1) secure and retain the

services of EMPWYEE and to provide Inducement for her to remain In such

employment; (2) to make possible full work productivity by assuring the EMPLOYEE'S

morale and peace of mind with respect to future security; (3) to act as a deterrent

against malfeasance or dishonesty for personal gain on the part of the EMPLOYEE; and

(4) to provide a just means for terminating the EMPWYEE'S services If the CITY so

desires; and

WHEREAS, the EMPWYEE desires to accept employment as City Manager of

said CITY;

NOW THEREFORE, In consideration of the mutual covenants of the parties

herein contained, the parties hereto agree as follows:

12/2/11

SECTION I. DUTIES

The CITY hereby agrees to employ said Jane Howington as City Manager of said

CITY to perform the functions and duties specified by said City Charter of the CITY, and

to perform such other legally permissible and proper duties and functions as the City

Council shall, from time to time, assign, consistent with the Charter of the City of

Newport as well as promulgated City ordinances and resolutions.

SECTION II. TERM

A) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of

the City Council to terminate the services of the EMPWYEE at any time, subject to

the provisions set forth in Section 5-2 of the Charter of the City of Newport, as well

as the provisions set forth in Section III.

B) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of

the EMPWYEE to resign at any time from her position with the CITY, subject only

to the provision set forth In Section III.

C) The EMPWYEE agrees to remain in the exclusive employ of the CITY until either

resignation or termination, and neither to accept nor to become employed by any

other employer, until such termination or resignation date, unless said termination

or resignation date Is affected as hereinafter provided.

0) The term of this Employment Agreement shall be for a term commencing on

January 9. 2012 and concluding on January 8. 2015. Unless previously

countermanded by a vote of the City Council no less than ninety (90) days prior

to the anniversary date of Its original execution, this Agreement In Its entirety will

extend an additional year on each anniversary of Its Inception.

SECTION III. TERMINATION AND SEVERANCE PAY

In the event the EMPLOYEE is terminated by the CITY and dUring that time the

EMPLOYEE is willing and able to perform her duties under this Agreement, then In

that event the CITY agrees to pay EMPLOYEE a lump-sum cash payment equal to four

2

12/2/11

(4) months aggregate salary. The CITI also agrees to continue the EMPLOYEE'S

health, dental, dlsabillty and life Insurance coverage at Its current level for a

maximum period of six (6) months beyond termination of employment, or until similar

coverage Is provided to Jane Howington by a subsequent employer (and Is In full force

and effect) whichever comes first. Said continuation of group health Insurance

coverage shall be In addition to any protection afforded EMPLOYEE by the

Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Coverage under

COBRA shall begin on the date of all coverage extended under the severance

provisions herein expire.

A) However, In the event the EMPLOYEE Is terminated because of her conviction of

any illegal act Involving personal gain, misfeasance or malfeasance, the CITI

shall have no obligation to pay the severance provisions designated In this

paragraph. Notwithstanding this paragraph, the payment of severance Is subject

further to Section 5.2 of the Charter of the City of Newport.

B) Should the EMPLOYEE resign following a formal suggestion by the City Council

that she resign, then In that event the EMPLOYEE shall be deemed to be

"terminated" within the meaning and context of the herein severance pay

provision.

C) For purposes of complying with Section III of this Agreement, appropriations held

as unencumbered fund balances In any fund or account of the CITI shall be

deemed to be available and authorized for transfer to the appropriate salary and

benefit expenditure accounts to Insure fulfillment of this provision of the

Employment Agreement.

D) In the event EMPLOYEE Is terminated by the CITI, any computer, printer/fax, cell

phone and any other property provided for EMPLOYEE'S use elsewhere In this

Agreement will be returned to the CITI.

E) In the event the EMPLOYEE voluntarily resigns her position within the CITI, then

the EMPLOYEE shall give the CITI thirty (30) days' notice In advance, unless the

parties otherwise agree. Failure of said EMPLOYEE to provide said thirty (30)

3

12/2/11

days' notice in advance will result in a pro-rata reduction in any accrued benefits

due EMPLOYEE as of the date of resignation.

SECTION IV. SALARY

The CITY agrees to pay the EMPLOYEE for her services rendered pursuant

hereto. an annual salary of ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS

($135.000.00) payable in installments at the same time as other employees of the

CITY are paid.

In addition. the CITY agrees to increase the base salary and/or other benefits of

the EMPLOYEE in such amounts and to such an extent as the City Council may

determine Is desirable on the basis of a salary review of said EMPLOYEE from time to

time.

SECTION V. PERFORMANCE EVALUATION

The CITY shall review and evaluate the performance of the EMPLOYEE at least

once annually. Said review and evaluation shall be In accordance with specific

criteria developed jointly by the CITY and the EMPLOYEE. The CITY shall provide the

EMPLOYEE with a written summary statement of Its findings and provide an

adequate opportunity for the EMPLOYEE to discuss her evaluation with the CITY.

The CITY shall review and evaluate the performance of the EMPLOYEE no later

than December 31st of each year and provide a reasonable opportunity to discuss said

evaluation and performance expectations for the next evaluation period with the CITY.

Annually. the City Council and the City Manager shall jointly define such goals

and performance objectives that they determine necessary for the proper operation of

the City of Newport and. In the attainment of the City Council's polley objectives. shall

further establish a relative priority among those various goals and objectives to be

reduced to writing.

4

12/2/11

SECTION VI. OUTSIDE ACTIVITIES

EMPWYEE agrees to remain In the exclusive employ of the CITY dUJing the

term of this Agreement.

SECTION VII. AUTOMOBILE

The EMPWYEE'S duties require that she shall have exclusive and unrestJicted

use, at all time dUJing her employment with the CITY, of an automobile provided to

her by the CITY. The CITY shall be responsible for paying all Insurance coverage,

operation, maintenance and repairs, and regular replacement of said automobile

Including, but not limited to, liability, property damage and comprehensive Insurance.

SECTION VIII. HEALTH, DISABILITY AND LIFE INSURANCE BENEFITS

A) The CITY agrees to provide and to pay the premiums for health, hospitalization,

surgical, vision, dental and comprehensive medical Insurance for the

EMPLOYEE and her dependents equal to that which Is provided to all other

employees of the City of Newport. The CITY agrees to pay the plan premiums for

EMPLOYEE and her dependents not to exceed 80% of the annual medical

Insurance premiums. The EMPLOYEE shall pay 20% as a cost share towards all

health care premiums.

B) The EMPLOYEE may elect to submit once per calendar year to a complete

physical examination, including a cardlo-vascular examination, by a qualified

physician selected by the EMPLOYEE, the cost of which shall be paid by the

CITY.

C) The CITY shall pay the amount of premium due for term life Insurance In the

amount of one and one-half (1.5) times the EMPLOYEE'S annual base salary,

including all increases In the base salary dUJing the life of this Agreement. The

EMPLOYEE shall name the beneficiary of the life insurance policy.

5

12/2/11

SECTION IX. DEFERRED COMPENSATION

The CITY agrees to execute all necessary agreements provided by the

International City Management Association Retirement Corporation (ICMA-RC) for the

EMPWYEE'S participation In said ICMA Retirement Corporation retirement plan and,

In addition to the base salary paid by the CITY to EMPLOYEE, the CITY agrees to pay

EMPWYEE annual deferred compensation In an amount of FIVE THOUSAND

DOLLARS ($5,000.00). Said deferred compensation shall be paid Into the ICMA-RC or

any other retirement fund or funds designated by the EMPLOYEE In monthly

Installments. The CITY agrees to transfer ownership to succeeding employers In the

event of EMPLOYEE'S resignation or discharge.

SECTION X. GENERAL BUSINESS EXPENSES

A) The CITY agrees to budget for and to pay for professional dues and subscriptions

of the EMPLOYEE necessary for continuation and fuII participation In national,

regional, state, and local associations, and organizations necessary and

desirable for the EMPLOYEE'S continued professional participation, growth, and

advancement. and for the good of the CITY.

B) The CITY agrees to budget for and to pay for travel and subsistence expenses of

EMPLOYEE for professional and official travel, meetings, and occasions to

adequately continue the professional development of EMPLOYEE and to pursue

necessary official functions for the CITY, Including but not limited to the ICMA

Annual Conference, the state league of municipalities, and such other national,

regional, state, and local governmental groups and committees In which

EMPLOYEE serves as a member.

C) The CITY also agrees to budget for and to pay for travel and subsistence expenses

of EMPLOYEE for short courses, Institutes, and seminars that are necessary for

the EMPLOYEE'S professional development and for the good of the CITY.

D) The CITY recognizes that certain expenses of a non-personal but job-related

nature are Incurred by EMPLOYEE, and agrees to reimburse or to pay said

general expenses. The Finance Director Is authorized to disburse such moneys

6

12/2/11

upon receipt of duly executed expense or petty cash vouchers, receipts,

statements or personal affidavits.

SECTION XI. DISABILITY

If the EMPWYEE is permanently disabled or is otherwise unable to perform her

duties because of sickness, accident, injury, mental incapacity or health for a period

of four (4) successive weeks, or over forty (40) days over a sixty (60) working day

period, the CITI shall have the option to terminate this Agreement, subject to the

severance pay requirements of Section III.

SECTION XII. INDEMNIFICATION

The CITI shall defend, save harmless and indemnifY EMPLOYEE against any

tort, professional liability claim or demand, or other non-criminal legal, equitable or

administrative action, whether groundless or otherwise, arising out of an alleged act

or omission occurring in the performance of EMPLOYEE'S duties as City Manager,

other than an action filed against the CITI by the EMPWYEE. The CITI will

compromise and settle any such claim or suit and pay the amount of any settlement

or judgment rendered thereon. Said indemnification shall extend beyond termination

of employment and the otherwise expiration of this Agreement, to provide full and

complete protection to Jane Howington and or the estate of Jane Howington, by the

City of Newport, as described herein, for any acts undertaken or committed in her

capacity as City Manager, regardless of whether the notice of filing of a lawsuit for

such tort, claim, demand, or other legal action occurs dUring or following the City

Manager's employment with the CITY.

SECTION XIII. BONDING

The CITI shall bear the cost of any fidelity or other bonds required of the

EMPLOYEE under any law or ordinance.

SECTION XIV. NO REDUCTION IN BENEFITS

In the event the CITY at any time reduces the salary, compensation or other

benefits of the City Manager in a greater amount than an applicable across-the-board

7

12/2/11

reduction for all employees of the CI1Y, or In the event the CI1Y refuses to comply

with any other provision benefiting the City Manager herein. or the City Manager

resigns following a formal suggestion by the City Council that she resign. then In that

event EMLOYEE may, at her option, be deemed to be terminated as provided herein.

SECTION XV. OTHER TERMS AND CONDITIONS OF EMPLOYMENT

A) The CI1Y and EMPLOYEE may establish other terms and conditions of

employment as they may, from time to time. agree upon relating to the

performance or the EMPLOYEE, provided such terms and conditions are not

Inconsistent with or In conflict with the provisions of the City Charter or any

other law of the State of Rhode Island.

B) EMPLOYEE'S terms and conditions of employment are governed strictly by this

Agreement. All provisions of the Codified Ordinances of the City of Newport

relating to vacation and sick time and other fringe benefits, as they now exist or

hereinafter may be amended. shall not apply to said EMPLOYEE.

C) The EMPLOYEE shall be entitled to Twenty (20) days vacation (annual leave)

annually, and sick leave at the rate of Thirty (30) days annually to be effective as

of 2012. Sick leave time may not accrue from year to year, nor Is

Employee entitled to any cash buyout of sick leave In the event of termination or

resignation. Annual leave may not accrue from year to year.

D) Relocation Expenses. The CI1Y shall pay directly for the expenses of moving the

EMPLOYEE, her family and personal property from Kalispell, Montana to

Newport, Rhode Island. said moving expenses to Include packing. moving.

unpacking and Insurance charges, and other reasonably related traveling

expenses relative to the relocation otherwise approved by the CI1Y. The

EMPLOYEE agrees to secure at least three (3) bids from reputable moving

companies for such services and shall use the lowest responsible bidder which

shall be approved by the CI1Y consent not to be unreasonably withheld.

SECTION XVI. GENERAL PROVISIONS

A) The text herein shall constitute the entire Agreement between the parties.

8

12/2/11

B) This Agreement shall be construed by the laws of the State of Rhode Island.

C) This Agreement shall be binding upon and inure to the benefit of the heirs at law

and executors of Jane Howington.

D) This Agreement shall become effective upon adoption and approval by the City

Council of the City of Newport.

E) If any provision or any portion thereof contained in this Agreement is held to be

. unconstitutional, invalid or unenforceable. the remainder of the Agreement or

any portion thereof shall be deemed severable, shall not be affected and shall

remain in full force and effect.

IN WITNESS WHEREOF, the parties have affixed their hands on the

aforementioned day and year.

Signed in the presence of:

Attested to by:

9

CITI OF NEWPORT, RHODE ISLAND

Stephen C. Waluk, Mayor

Jane Howington

Approved as to Form:

Joseph J. Nicholson, Jr., City Solicitor

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. _

WHEREAS, Doris Duke during her lifetime (1912-1993) was anadvocate for historic architectural preservationand Newport was her focus; she founded the NewportRestoration Foundation (NRF) . The NRF hassuccessfully restored 80 historic properties.Amongst Ms. Duke's NRF Board acolytes wasJacqueline Kennedy who later, as First Lady,restored The White House. Mrs. Kennedy'srelationship with Ms. Duke and their mutualaccomplishments changed the nation's appreciationof historic preservation; and

WHEREAS, on the land area today known as Queen Anne Square,Ms. Duke demolished unsightly, insignificantbuildings, restoring and relocating others;removing unwanted constructions, such assmokestacks, chimneys, sheds and the like; Ms. Dukewas solely responsible for the beautification ofthat land, transformed by her hand and funds,although owned by the Redevelopment Agency ofNewport, a public body, which, with Ms. Duke'sblessings, transferred said land area in aquitclaim deed (Parcel I and Parcel II) to the Cityof Newport on the 28 th day of October, 1981, and inconjunction with Ms. Duke's explicit wishes, it wasdesignated " ...to hold for public use forever, as apublic park..."; and

WHEREAS, the property deed is subject to a restriction whichstipulates that said park should always be keptopen for the public enj oyment " ...and that nobuilding or structure, temporary or permanent,shall be erected thereon..."; and

WHEREAS, the Real Park for Real Newport (RPfRN) ,a localgroup, proposes to restore Queen Anne Squareconsistent with Ms. Duke's concept...to enhance theTrinity Church setting, to hold a sculpturecompetition for a permanent monument to Ms Duke,and to seek the participation of taxpayingNewporters to bring the community into the process,and

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

Noo _

WHEREAS, the RPfRN will form a nonprofit foundation toundertake this effort and will seek to raise anendowment fund, RPfRN is prepared to move forward;NOW THEREFORE BE IT

RESOLVED: the City of Newport welcomes the opportunity topartner with Newport's taxpaying citizens inaccepting the Real. Park for Real. Newport offer assubmitted.

CHARLES Y. DUNCAN

IN COUNCIL

READ AND PASSED


CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

Noo _

WHEREAS,

WHEREAS,

Section 42-46-6 of the Rhode Island General Lawsrequires that regularly-scheduled meetings of theCouncil are to be posted at the beginning of thecalendar year, notice of which shall include thedates, times and places of meetings; and

under the Rules of the Council, meetings are heldon the second and fourth Wednesdays of eachmonth; and

WHEREAS, it has been the practice of the Council to alterthe regularly scheduled meets for the months ofNovember and December because of the holidayseason. NOW, THEREFORE, BE IT

RESOLVED: that the regularly-scheduled meetings of theCouncil of the City of Newport shall be held inthe Council Chambers of City Hall at 6:30 p.m.,with pre-meetings held in the second-floorConference Room at 6:20 p.m., on the followingWednesdays in the year 2012:

January 11January 25February 8February 22March 14March 28April 11April 25May 9May 23June 13

June 27July 11July 25August 8August 22September 12September 26October 10October 24November 14December 12

AND BE IT FURTHER RESOLVED: that, as noted above, thereshall be only one regularly-scheduled meeting during themonths of November and December 2012.



CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

AN ORDINANCE OF THE CITY OF NEWPORT APPROVING THE FINANCING OFIMPROVEMENTS TO THE NEWPORT WATER SYSTEM INCLUDING, BUT NOT LIMITEDTO, THE CONSTRUCTION AND EQUIPPING OF A NEW TREATMENT PLANT, INCLUDINGDEMOLITION OF THE EXISTING TREATMENT PLANT, AND CONSTRUCTION OF LONGTERM CAPITAL IMPROVEMENTS TO A SECOND WATER TREATMENT PLANT AND ALLATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUEBONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $85,000,000

Be it Ordained by the City ofNewport that:

SECTION 1. The sum of Eighty-Five Million Dollars ($85,000,000) isappropriated for the purpose of financing of improvements to the NeWport water system .including, but not limited to, the construction and equipping of a new treatment plant, includingdemolition ofthe existing treatment plant, and construction oflong-term capital improvementsto a second treatment plant and all attendant expenses (collectively, the "Project").

SECTION 2. In accordance with Chapter 46-12.8 of the Rhode Island GeneralLaws, the Director of Finance and the Mayor are hereby authorized to borrow an amount notexceeding Eighty-Five Million Dollars ($85,000,000) from the Rhode Island Clean WaterFinance Agency, and to evidence such loan, such officers are hereby authorized to issue andrefund on behalfof the City, in an amount not exceeding Eighty-Five Million Dollars($85,000,000) water revenue bonds (the "Bonds") of the City, at one time, or from time to time inorder to meet the foregoing appropriation.

SECTION 3. The said officers from time to time may issue and refund notexceeding $85,000,000 interest bearing or discounted water revenue notes (the "Notes") inanticipation ofthe issue of said Bonds.

SECTION 4. The Bonds and Notes shall be payable solely from revenues of theNewport water system. The City may issue bonds, notes, or other obligations on a parity withthese Bonds. The manner of sale, amount, denominations, maturities, conversion or registrationprivileges, interest rates, medium ofpayment, and other terms, conditions and details of theBonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.

SECTION 5. Pending the issuance ofthe Bonds under Section 2 hereof orpending or in lieu ofthe issue ofNotes under Section 3 hereof, the Director of Finance, at the

CITY OF NEWPORTORDINANCE

OF THECOUNCIL

NO. _(Page 2)

written direction of the City Council, may expend funds from the General Fund or Water Fund ofthe City for the purposes specified in Section I hereof. Any advances made under this sectionshall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder orfrom the proceeds of applicable federal or state assistance or from other available funds.

SECTION 6. The Director of Finance and the Mayor are also authorized,empowered and directed, on behalfof the City, to: (i) execute, acknowledge and deliver a. .

Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the TrustIndenture dated March 7, 2007 by and between the City and Wells Fargo Bank, N.A., as trustee(as amended, the "Trust Indenture"), and any and all other loan agreements, documents,certificates or instruments necessary to effectuate such borrowing; (ii) amend, modifY orsupplement the Trust Indenture, the Bonds or Notes and any and all other loan agreements,documents, certificates or instruments at any time and from time to time, in such marmer and forsuch purposes as such officers shall deem necessary, desirable or advisable; (iii) direct theTrustee with regard to investments of trust funds pursuant to the Trust Indenture; and (iv) do andperform all such other acts and things deemed by such officers to be necessary, desirable oradvisable with respect to any matters contemplated by this Ordinance in order to effectuate saidborrowing and the intent hereof.

SECTION 7. The Director of Finance and the Mayor are hereby authorized todeliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructedto take all actions, on behalfof the City, necessary to ensure that interest on the Bonds or Noteswill be excludable from gross income for federal income tax purposes and to refrain from allactions which would cause interest on the Bonds or Notes to become subject to federal incometaxes.

SECTION 8. This Ordinance is an affirmative action of the City Council of theCity toward the issuance of the Bonds and Notes in accordance with the purposes of the laws ofthe State. This Ordinance constitutes the City's declaration of official intent, pursuant toTreasury Regulation §1.150-2, to reimburse the City'S General Fund or the City's Water Fund forcertain capital expenditures for the Project paid on or after the date which is sixty (60) days priorto the date of this Ordinance but prior to the issuance of the Bonds or Notes. Such amounts to bereimbursed shall not exceed Eighty-Five Million Dollars ($85,000,000) and shall be reimbursednot later than eighteen (18) months after the later of (a) the date on which the expenditure is paidor (b) the date on which the Project is placed in service or abandoned but in no event later thanthree (3) years after the date on which the expenditure is paid.

CITY OF NEWPORTORDINANCE

OF THECOUNCIL

NOo _(Page 3)

SECTION 9. The Director of Finance and the Mayor are authorized to take allactions necessary to comply with federal tax and securities laws including Rule 15c2-l2 of theSecurities and Exchange Commission (the "SEC Rule") and to execute and deliver a ContinuingDisclosure Certificate in connection with the Bonds or Notes in the form as shall be deemedadvisable by the Director of Finance and the Mayor in order to comply with the SEC Rule. TheCity hereby covenants and agrees that it will comply with and carry out all of the provisions ofthe Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstandingany other provision of this Ordinance or the Bonds or Notes, failure ofthe City to comply withthe Continuing Disclosure Certificate shall not be considered an event of default; however, anyBondholder or Noteholder may take such actions as may be necessary and appropriate, includingseeking mandate or specific performance by court order, to cause the City to comply with itsobligations under this Section and under the Continuing Disclosure Certificate.

lNCOUNCIL

READ AND PASSED


ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE 17 OFOF THE CITY OF NEWPORT, RHODE ISLAND,AMENDED, ENTITLED, "ZONING."

BE IT ORDAINED by the City of Newport:

THE CODIFIED ORDINANCESREVISION OF 2000, AS

SECTION 1. Chapter 17.08 of the Codified Ordinances of the Cityof Newport, entitled, "Definitions," is hereby further amended asfollows:

Section 17.08.010. Definitions

ADD: "Demolition means the razing or removal of greater thanfifty percent (50%) of the gross area of a principlestructure (including structural floor and roof decking aswell as exterior skin and framing) outside the boundaries ofthe Historic District Zone. Gross area constitutes theaggregate of wall surface areas, floor surface areas androof surface areas. Hazardous materials, window assembliesand non-structural roofing materials are excluded from thecalculation of gross area."

ADD: "Principal structure means the building on a lot where a useis conducted."

ADD: "Site restoration plan means detailed drawings with contourlines showing required grading, backfilling, reseeding,replanting, fencing as well as existing and proposedvegetation."

SECTION 2.of Newport,follows:

Chapter 17.04 of the Codified Ordinances of the Cityentitled, "Definitions," is hereby further amended as

Section 17.04.050. General Requirements

DELETE Paragraph K of and ADD IN LIEU THEREOF the following:

"K. Demolition. Prior to the approval of a demolition or movingpermit, application shall be made to the building official.The building official shall issue a permit for the moving ordemolition of a building containing a dwelling unit subject tothe approval of the planning board. Notice of the date ofhearing for demolition applications required to be heard by

ORDINANCEOF THE

COUNCIL

NO.(Page 2)

the planning board shall be mailed to all property ownerswithin a minimum two hundred (200) foot radius of the propertysubj ect to the application. The board in its deliberationsshall consider the city's overall comprehensive plan andrelated development policies and, more specifically: (1) theimpact of the removal or demolition of the structure on theneighborhood; (2) impact on availability of housing stock; (3)environmental impact; (4) preservation of historic sites andbuildings; and (5) economic development.

"In those instances where the building official certifiesthat the condition of the building is structurally unsoundand a hazardous safety situation to the general publicexists, the preceding approval process need not be followed."

SECTION 3. Title 17 of the Codified Ordinances of the City ofNewport, entitled, "Zoning," is hereby further amended by addingthe following NEW CHAPTER:

"CHAPTER 17.86. DEMOLITION OF STRUCUTURES.

"Section 17.86.010. Intent.

"The demolition of structures in an historic and culturallysignificant city may damage the physical fabric and architectural context of the community. The City of Newport iscommitted to preserving the historically and culturallysignificant built environment and neighborhood architecturalidentities.

"Section 17.86.020. Permit required.

"Prior to the issuance of a demolition permit for anyprincipal structure outside the boundaries of the HistoricDistrict Zone the Planning Board must approve any demolitionof a principal structure. However, nothing contained wi thinthis article shall limit the authority of the BuildingOfficial to order a structure demolished in a life or healththreatening emergency situation or as may be otherwiseauthorized by state statute or other city ordinance.

"Section 17.86.030. Historic District.

"Demolition of structures in Historic Districts requires acertificate of appropriateness from the Historic DistrictCommission.

ORDINANCEOF THE

COUNCIL

NO.(Page 3)

"Section 17.86.040. Application.

"Principal structure. In order to obtain a demolition permitfor the demolition of a principal structure, a permitapplication form must be completed and accepted by theDepartment of Inspections .. The demolition permit applicationmust include the following information:

(1) Demolition Permit Application Form and non-refundable Fee.(2) Demolition Staging Plan.(3) Site Plan identifying all existing structures and all

trees of diameter 18 inches or greater.(4) Plans and elevations for proposed site alterations and

structures.(5) Stormwater management plans and specifications made in

conformance with the requirements of the city's stormwatermanagement ordinance.

(6) Site Restoration Plans and Specifications [applicable onlyif commencement of construction of a new structure is notplanned within 60 days after completion of demolition].

"Section 17.86.050. Hazardous structures.

"Demolition, repair or removal of hazardous structures asdeemed by the Building Official, are the purview of theBuilding Official as outlined within the City of NewportCodified Ordinances § 15.12 Housing Code.

"17.86.060. Procedures for demolition permit approval.

"A. Notification of the abutting property owners within a200' radius of the subject property is required no less thanfourteen days prior to the hearing date of a demolitionpermit application for a principal structure.

"B. Other applications. The demolition permit applicationof a principle structure may be processed as part of asubdivision, variance, or special use permit application.

"Section 17.86.070. Review standards, required findings.

"A. General standards for findings of fact. The PlanningBoard will review all building demolition permit applicationsin accordance with this article and the ordinances of thecity, together with the following standards:

ORDINANCEOF THE

COUNCIL

NO.(Page 4)

(1) The granting of a permit is not detrimental to thepublic health, safety, and general welfare of thecommunity.

(2) The proposed demolition of the structure is consistentwith the goals and policies of the Comprehensive LandUse Plan.

(3) The proposed demolition does not create land withbarriers to development.

(4) The proposed demolition does no harm to the characterof the immediate neighborhood or area of the city.

"Prior to the issuance of a demolition permit, aconference is recommended between the Building Official andthe demolition contractor to review the requirements andconditions for demolition.

"The Planningcondi tions anddemolition permit

Board and Building Official may imposerestrictions upon the issuance ofas may be necessary.

suchthe

"B. If a demolition permit application is approved by thePlanning Board and Building Official, any demolition thattakes place shall be done in accordance with the provisionsof the Building Code in force at the time, the requirementsof this Code, and any additional requirements or conditions.The applicant shall also be required to submit to the cityproof of disconnection of utilities prior to commencingdemolition of the building.

"C. All demolition permit applicationsapproval of any state mandated requirementstime of the completed application.

are subject toin place at the

"D. Particulate control. At all times, airborne particlesshall be controlled at all demolition sites.

"E. Safety fencing. Fencing shall be installed around theentire perimeter of any excavated area greater than 24 inchesin depth.

"F. Restoration. If construction of a new development hasnot commenced within 30 days of demolition, the property mustbe restored to a safe condition within 30 days thereafter.

ORDINANCEOF THE

COUNCIL

NO.(Page 5)

"G. Noise. Upon the issuance of a demolition permit by theBuilding Official, demolition activity will take placeMonday-Friday only during the hours 8:00 A.M. to 5:00 P.M.

"H. A brightly colored placard certifying approval from theBuilding Official shall be provided by the city and posted ina conspicuous location on-site by the permit holder orproperty owner.

"Section 17.86.080. Fees.

"A nonrefundable fee in accordance with the City of NewportCodified Ordinance § 2.120 General Fee Schedule must besubmitted with the building demolition permit application andis required for a building demolition permit. Permit fees asrequired by other codes and ordinances of the city may alsobe required.

"Section 17.86.090. Penalty for violation of article.

"If any structure is demolished without complying withthis article:

"1. The owner of the subject property, demolition permitapplicant and any other person or entity participating inany demolition activities on the sUbject property shall eachbe subject to a separate fine of not less than thatprescribed by law, a minimum $500 for each separateviolation .thereof or up to 50% of the total cost of thedemolition, that which is greater; and,

"2. Until the owner of the subject property pays any andall fines for violations of the provisions of this articleno building permits shall be issued for the construction ofany improvement on the subject property and any activepermits shall be suspended.

"17.86.100. Severability.

"If any section, provision, or portion of this chapter isadjudged unconstitutional or rendered invalid by a court, theremainder of the ordinance shall remain valid.

ORDINANCEOF THE

COUNCIL

NO.(Page 6)

"17.86.110. Abrogation and Greater Restriction.

"This chapter shall not in any way impair or remove thenecessity of compliance with any other applicable laws,ordinances, regulations, etc. Where this chapter imposes agreater restriction, the provisions of this chapter shallcontrol."

SECTION 4. This ordinance shall take effect upon its passage andall ordinances or parts of ordinances inconsistent herewith arehereby repealed.

IN COUNCIL

READ AND PASSED


Communication # 4918/11Docket Date: November 9, 2011

~.

City6£Newport

R.EQIJESJ. :FOR CX'[¥.CQUNCIL.ACJIQNTo:From:Date:SUbject:

Staff Contact:

Mayor Stephen C. Waluk& Memb~~!!l-\\-City CouncilEdward F. Lavallee, CityManage~-October 28, 2011Award of Bid #012-020 -Parking Meter Management and Parking MeterRate ChallgeMichael Brennan, Transportation Manager

RECOMMENDATION:R.iconWendawaidof the contract for the provision of parking Il\eter operation and management services to the lowestqualified bidder, Central Parkillg of Providence, RI. Tlte recommendation includes a change in Ordinance 10.20.210lv!et~r Charges, to increase the parking meter rate by twenty five cents per hour. This would give the user 12 minutes for!w~nty five cents verses the present rate of 15 minutes for twenty five cents. The Parking Meter Management award isfor a three (3) year period, with two (2), one (1) year options at the City's discretion. For the first three (3) years theaJ)llual rates are fixed with a yearly cost of $194,412.50 which is based on 449 metered parking spaces. This rate willcontjnue for three (3) years and in the fourth and fifth year, will decrease each year to $186,369.50, $171,432.50respectively.

BA(;KGR~UNDAN])FINDIN~S:Lasl)'~artheGitycoiJ.ductedapilotproject to test the use of "smart meter" tecMology. Smart meters are capable ofa9gepting cqnvcntional predi! c.args as well as cash. The tesl results were very positive. Custolll~rs apPreciated theconvellience of 1.1sing conventional credit cards instead of having to buy "Smart Cards" or search for coins to feed themeter.

r~iritilrove p~tfort1l.ance the City's solicitation mandates the provision of the new meters, incre.asingthe capital cost tothep~ovider. This creates a user-triendly meter. This new meter system w01.11d also include replacing the pay-and ~iSpl~y unit intlte 'T0mO Sl\'cet parking lot aIld replacing single mctere4 spaces in Long Wha~f Lot with apay-anddisplaY ullit. No 1()llger would lIsels ill :Long Wharf have to u.se coins for the. extended parking hours, b1.1t w01.1ld Il()W beable t9 pay by credit card. The increased cost to the vendor for new meter heads has driven 1.11' the competitiveproposals. Thc addeg cost of credit card transactions and associated bank changes has added to the City's overhead.Tileseaqditiollal costs areoffset by increasing the meterfee by $.25. The recommended bid provides for reduced aJ)ll1.1alcosts in the option years (year 4, year 5), in addition to proposing the lowest ann1.1al costs for each of the five years in theproposal.

PREVIOUS LEGISLATIVE ACTIONResoMion 2005-09; 2006-07; 2010·16; 2011-061

FISCAL IMPACT

-.1L C1.1rrently B1.1dgeted Acc01.1nt 07-190-5000-50225) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionOrdinanceBid TabulationCorp9rate Information

'J'F!'!'in!!!!a!!!n!!!!i:e!!!D~!!!ep"!t~R~e"v'!"ie!!!w!!!:!!!!!!"""!!!!!!"""Jili~D!!!a!!!te"""!B~Y":""'!'l..S'!!"'''''''.....~(!'!if~a"'pp~l~ic!!!ab!'!l~e)!!!!!!!!!'''''' ....''''''''''''-_.....__!!!!!!-IV ..

CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No. _

WHEREAS, the City outsources the operation and management of the parking metersystem to a private vendor; and,

WHEREAS, the contract for the current parking meter management plan expires October31,2011; and

WHEREAS, the City requested proposals for the management of the parking metersystem under a new multi-year plan that incorporates the upgrading ofparking meters to a "smart meter design," capable ofaccepting conventionalcredit cards as well as cash for meter payment charges; and

WHEREAS, the City operated a pilot program last year to test the public response to theuse ofcustomer-friendly smart meters and received overwhelming approvalof the smart meter design; and

WHEREAS, the proposals received included the provision of new smart meters toreplace the existing conventional meter heads; and

WHEREAS, the use of"smart meters" incorporates additional charges for wirelesstransmission of credit card data, bank charges, and associated managementfees; and

WHEREAS, the City's solicitation mandates the replacement ofmeters with new meterheads to reduce the risk of failure and increase customer convenience; and

WHEREAS, the addition ofthe capital cost for the provision ofnew meters and the"back room" charges associated with the wireless smart meter technologyincrease the City's cost of operation, and to cover said costs the currentmeter rate should be increased by $.25 per hour; and

WHEREAS, based on a comparison of the proposals submitted, the lowest bid and bestoffering to the City was submitted by Central Parking Systems, with pricesfor years one (1) through three (3) to be $194,412.50 per year; and reducingthe annual cost to $186,369.50 for year four (4); and to $171,432.50 for yearfive (5), and

CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No. --;-:::----c:.----(page 2)

WHEREAS, Central Parking is the current vendor managing the city's parking metersystem and has performed acceptably under provisions of their existingcontract. NOW, THEREFORE, BE IT

RESOLVED: that the Council award a contract for three years to Central ParkingSystems, with a two-year option at the discretion of the City. AND BE ITFURTHER

RESOLVED: that Section 10.20.210 of the Codified Ordinances be amended to increasethe parking meter rates by $.25 per hour.

lNCOUNC1L

READ AND PASSED


CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO. _

AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCES OF THECITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED, ENTITLED,"VEHICLES AND TRAFFIC."


SECTION 1. Chapter 10.20 of the Codified Ordinances of the City ofNewport, Revision of 1994, as amended, entitled, "Parking Generally,"is hereby further amended as follows: .

Section 10.20.210 Meter Charges.

DELETE Paragraph C and E and ADD IN LIEU THEREOF the following:

"e.

"E.

SECTION 2.ordinancesrepealed.


Except as otherwise provided in Paragraph D of thissection, the fee for the maximum parking time shall beone dollar and twenty-five cents($1.25) per hour, atincrements of twenty-five cents ($0.25) for twelve (12)minutes."

When at such time as the city permits the reservation of ametered parking space or spaces for a special event,construction work, or for any other reason deemedacceptable to the city, a flat fee of thirty dollars($30.00) per day shall be paid to the city for eachreserved metered parking space. Said flat fee shall notbe prorated based upon the number of hours said space isreserved within a twenty-four (24) hour period."

This ordinance shall take effect upon its passage and allor parts of ordinances inconsistent herewith are hereby


IPS (Smart Meters) & Pay-and-Display Evaluation*

Evaluation Process Central Parking Reoublic Parkina LAZ

PRICING (40%) 40% 35% 35%

IQUALITY OF EQUIPMENT (30%) 30% 30% 30%

SYSTEM MANAGEMENT CRITERIA&. PROPOSAL REQUESTS (20%) 20% 20% 20%

REFERENCES (10%) 10% 10% 10%

TOTALS: 100% 95% 95%

* 3 member advisory panel evaluation

IPS Meters

Central Parking

LAZ Parking

Yl"::lr<:: , -:::\

Per space/per season &

kes

$397/$12.75

$491

Ontinn Vf"~r 4

per SQi3celper

s.e.asllll

$376/$12.75

$491

Ootion VI";l( !'i

Per snacelners.e.asllll

$337/$12.75

$491

VP'::!r' 1 tot::!l

$181,350.50

$188,144.28

ArklitionJ'll Tnfnrm::'ltion

Disc. for expansionTransaction fees not included

Approx. value $7 per month per space (est. $204,000>

,- .. "';""h,,",,";~'~'~ ,'"""'.,,,',',;:"',,";':&,',,'/ ""': 3":<·.'i'I~~··,:.">",,,,,,,,,<·,,,,,,,-,,,<;;,:,,,;>:!,,,·.~~"6';".f'Y-"'::'",'ii>" '~;~'~_-:";:·:-~'i'9;;"'·""~'''''1.;'''''·'; ,-.~;:;;.-;,:',":" :·;(":,·n·;;:c:-,'>"",;,:+_,.,",;~""; "';,,", "'~-'_:""$';""f._' "'-.'1,-,-,- ,- ".':.oN",'''-·''','" ',':' .~·';··"r.7_,·,:,,., .•y,r,;:,~'5;"-;"·'~.·i"\~~i'> '~':_~;;:':":'~"_':"~.",' ·c·~

Republic Parking"-;'-'''':''''''''':::.c2;::''''''''':-':;:'''''-'.-''''i'_""""

$455/$12.75 455/ $12.75/3.5%1$455/ $12.75/3.5% $203,564.50

If puck technology is removed from price of $455 itwould be reduced to an estimated $425/$12.75 (est.

$203,564:50)

Pav-and-DisDlav- 2 units

Years 1-3 Qntion vear·4 Qntion year 5 Additional Information

Central Parkin$!; 1 $13062.00 $13062 $13062Discounts for expanSIon5 year total does not include .13¢ Trans. Fee.

I IWould increase plan by approx. $7 per

LAZ Parking $7.752.20 7752.20 space/per month to est. $16,000 per year.

Republic Parking I $8,550.00 I $8,5501' 3.5% $8,5501' 3.5%

Does not include2.8% Credit Card Fees

Combined IPS & Pay-&-

~

" "",.

Central Parkinp' $941039.58

$979,332.40LAZ ParkinQ" + est. $80 000

Renublic Parkinp' $1038.104.35

Bid # 12-020

List the Officers of your Corporation or Principals of your LLC. Award can not be donewithout the attachment.

Central Parking System of Rhode Island,Complete Company Name

James A. Marcum

Name

Lucinda M. Baier

Name

James H. BondName

Rick West

Name

William H. Bodenhamer

Name

Hector O. Cheva-

Name

Rob Ostrov

Name

Name

Name

President & CEO

Title/OfficerlPosition

Executive Vice President,


Executive Vice President


Executive Vice PresidentTitle/OfficerlPosition

Executive Vice PresidentTitle/OfficerlPosition

Senior Vice President


Vice President of Human




48

TO:

FROM:

SUBJECT:

DATE:

CITY OF NEWPORT

CITY MANAGEREdward F. Lavallee

MEMORANDUM

The Hon. Mayor and Members of th~l

Edward F. Lavallee, City Manage~

Docket Item #18 - December 14, 2011 Council MeetingCommunication #4918/11 (Continued from November 9, 2011Meeting - Award of Bid #012-020 - Parking Meter Management andParking Meter Rate Change

December 7, 2011

Enclosed, as per the Council's request, is the contract document for the awardof bid for Parking Meter Management Services, which was continued from theNovember 9, 2011 Council Meeting.

/pafEnclosure

City Hall, 43 Broadway· Newport, Rhode Island 02840Tel: (401) 845-5430 • Fax: (401) 845-2510 • E-mail: [email protected]

PARKING METER AGREEMENT

THIS AGREEMENT entered into this __ day of , 20_, by andbetween the City of Newport (City) and Central Parking System (Contractor).

RECITALS

WHEREAS, Contractor submitted a proposal (#12-020) which was found to be in thebest interest of the parties, at a three (3) year (season) period rate NTE (not to exceed)$194,412.50 on 449 metered spaces commencing May 1,2012 through October 31, 2015, withtwo (2), one year options at the discretion of the City of Newport. The contractor fee in yearfour (4) will decrease with a NTE cost of $186,369.50 and year five (5) the contractor fee willagain decrease with a NTE cost of$171,432.50.

WHEREAS, Contractor will provide 383 IPS "Smart" meters at a rate of $397.00 permeter per season with a $12.75 per meter per month gateway/transaction fee for three (3)contract years, commencing May 1,2012 through October 31, 2015, and a rate of $376.00 permeter per season with a $12.75 per meter per month gateway/transaction fee for option year four(4), commencing May 1,2016 through October 31, 2016, and a rate of $337.00 per meter perseason with a $12.75 per meter per month gateway/transaction fee for option year five (5),commencing May 1,2017 through October 31,2017. At the City's discretion, the the per meterper month gateway/transaction fee may be reduced to fit the needs of the City of Newport. Anysavings granted to the Contractor by IPS, on the City's behalf, will be passed on to the City andbe reflected in the invoice. The Contractor will provide two (2) Pay-and-Display units to theCity, covering a total of sixty-six (66) spaces, at a cost of $6,051.00 per unit, including poleremoval. Without pole removal, at the City's option, the cost will be $5,379.00 per unit. Eitheroption will include an additional $80.00 per month per unit for license fees and wireless modemcharges.

NOW, THEREFORE, THIS AGREEMENT WITHNESSETH, that in considerationof the mutual promises and benefits recited herein and other good and valuable consideration, thereceipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. SCOPE OF SERVICES: The Contractor is hereby granted the exclusive right at hisown expense to supply and install metal poles in the sidewalk to the specifications required bythe City.

Contractor will ensure that the surface to the sidewalk disturbed as a result of theinstallation or removal of meter poles is restored to a similar condition as existed prior to theinstallation or removal. The City and Contractor acknowledge that Contractor owns existingmetal poles currently installed in the sidewalks of the City of Newport. Contractor intends toutilize existing poles to mount IPS "Smart meters". Any needed repair, retrofitting,maintenance, reinstallation, or removal of said use. In the event that said metal poles are not

- I -

suitable for respective use, the Contractor will immediately replace, repair, or retrofit said pole,as detennined by the City ofNewport, at the Contractor's sole cost and expenses.

The Contractor shall provide security for the perfonnance of its obligations hereunder.Said security shall be in the fonn of a letter of credit or surety bond in the amount of $10,000.Any surety company so obligated must be approved and accepted by the City of Newport. SaidSurety Company must be properly registered and licensed to conduct business in the State ofRhode Island. Said surety for perfonnance in the amount of $10,000 must be renewable on anannual basis for the term ofthis contract and any extensions hereof

In addition, Contractor is granted the exclusive right at his own expense to supply andmount IPS "Smart meter" (the meters) on the installed poles, and two (2) Pay-and-Display unitsby May 1st in each contract year commencing 2012. Such meters will be removed or sealed nosooner than October 31st but prior to November 30th in each contract year. For identification ofmeter locations, each meter will be individually numbered and a plan of meters and theiridentification numbers will be made available to the City. City authorizes Contractor to chargefor parking at the specified meters at a rate agreed to by the City and the Contractor, such ratestogether with information concerning maximum permitted stay to be published on the meters.Contractor is also granted the exclusive right to install and maintain two (2) pay-and-displaymachines one at the Touro Street Lot and one at the Long Wharf Lot, in lieu of individualmeters, with signage placed on existing poles. Contractor will inspect, maintain, repair andreplace said pay-and-display machine to ensure maximum utilization.

Sole responsibility for collection of cash shall rest with the Contractor. However, theCity may monitor the collection at their discretion.

Contractor will collect cash from the meters at a frequency dictated by the usage of themeters, such cash to be counted, bagged or wrapped as required and deposited at the Citydesignated financial institution in an account so designated for this program.

Any expansion of meters shall be negotiated at or below the current agreed rates, and bymutual agreement of the City ofNewport and the Contractor.

2. TERM: For the consideration hereinafter stipulated, the City hereby grants to theContractor the right to operate and maintain the parking meters and pay-and-display machines,wherever located by agreement for three (3) years (season) commencing May I, 2012 inaccordance with the terms and conditions of this Agreement.

3. RENEWAL TERM: This agreement two (2), one year options at the discretion of theCity of Newport.

4. SEASON: Payment for parking at the specified meter locations will commence on May1st and end on October 31 st in each contract year (season) commencing in 2012. Such period tobe defined as the "season".

- 2 -

5. COMPENSATION: The Contractor shall receive a management fee NTE of$194,412.50 on 449 metered spaces for each year for the first three (3) years. Such paymentwill be made monthly at a rate ofNTE $32,402.08 for months May - October. If the City electsto exercise the option years (4) and (5), the monthly payments will be proportionately reduced toreflect the reduced annual fees as specified in the recitals (herein). The payments will be inarrears during the season to the Contractor in the form of a check, upon receipt of originalinvoice.

6. PUBLIC INFORMATION/SIGNAGE: Contractor shall be required to display parkingregulations and information as approved by the City on the meters or meter poles during theseason.

7. REPORTS AND INFORMATION: The Contractor shall furnish the City with aweekly report within seven (7) days at the end of the reported week stating the revenue collectedand a calendar monthly report within seven (7) days of the end of the month reported of revenuecollected and such other information and reports concerning the progress and management ofthis project as may responsibly be required by the City. The form of said reports shall bedetermined by the City.

8. CITY'S OBLIGATION: City confirms that Contractors operation complies with Cityordinances and planning and engineering requirements. During the season, City shall providesufficient number of traffic aides to enforce meter parking, issuing tickets for vehicles parked inviolation of the parking regulations in meter bays. The City, through the Police Department, willassign an individual to monitor the Contractor in collecting cash from meters, as necessary.

9. FINANCIAL ADJUSTMENTS: On or before November 30th in each contract yearscommencing in 2012, Contractor shall provide a statement of the season's revenue. Contractoragrees to pay to the City after 24 hours for Smart metered spaces and 16 hours for Pay-andDisplay units, the sum based on average daily meter income from the last available report, fornon-operational metered spaces.

10. REVENUE RECEIVED FROM PARKING VIOLATIONS: Contractor receivesno share of the revenue collected through the issuance of tickets for violation of the parkingregulations in meter bays.

11. OWNERSHIP OF POLES AND METERS: It is agreed that ownership of the polesremains with the Contractor during the term of this contract or any renewal. The City agrees thatit will require any new Contractor, at the expiration of this agreement, to purchase from theContractor at $50 per pole, for in-use poles.

It is agreed that the parking meters provided by Contractor remain Contractors propertyduring the term of this contract, in the event that the City decides to open the services providedhereunder for competitive bid and Contractor is not appointed to provide the services describedherein, then the City agrees that the Contractor retains the right to remove such meters or todispose of them in any way he sees fit. Should the City decide after the completion of theContractor's term that it no longer desires parking meters, the Contractor shall be obligated to

- 3 -

remove meters at his own expense, as well as remove all meter poles associated with use of themeters. Contractor has the responsibility to restore the sidewalk and the immediate surroundingarea to a condition satisfactory to the City in the event the metal poles are removed.

The City may, as its option, purchase the metal poles from the Contractor at a price of$50 per in-use metal pole.

llA. VALET PARKING: The City may authorize the operator of Valet Parking atdesignated locations, in which case the meters may be temporarily bagged and inoperable. Inany case, said meters shall be counted as operational in totaling the number of meters in use inthe City.

12. OPERATION OF ON-STREET PAY PARKING: City agrees that for the term ofagreement and any renewal, it will not operate anyon-street paid parking other than thatprovided by Contractor.

13. SUSPENSION OF OPERATIONS: If the Contractor shall fail to diligently andcontinuously perform its duties under this agreement, it shall be considered in default at theoption of the City.

14. RIGHT TO AUDIT: Contractor agreed that at any time during normal business hoursduring the season and as often as the City in its sole discretion may choose, City of its agents orrepresentatives may, by providing seven (7) days prior written notice, examine, audit, copy, andmake excerpts of all books, invoices, records, computer printouts or other materials belonging toContractor that impact upon this agreement but which are maintained for the purpose ofrecording, collecting, or analyzing revenue from meters under the jurisdiction of the City.

Contractor agrees to promptly advise City of any change of location of its records andbooks.

15. INDEMNIFICATION: Contractor shall be responsible for all damages to life andproperty due to its activities or those of its agents, associates or employees in connection with theservices provided and work performed under this agreement and it is expressly understood thatContractor shall identify, defend and hold City harmless for any claims, suits, actions, damagesof every name and description, including legal fees and costs, resulting from its negligentperformance under this agreement.

16. INSURANCE: During the term of the agreement and any renewal thereof, Contractoragrees to maintain a general liability and property damage insurance naming the City as anadditional insured in the amount of $1,000,000 dollars ($1,000,000) combined single limit and toprovide the City with a copy of such insurance policy. Contractor will maintain in force, asrequired by State law, workers compensation for Contractors employees.

17. NOTICES: All notices, requests and demands upon the respective parties hereto shall bedeemed to have been given or made when posted by registered mail postage paid delivery to the

-4-

addresses set down below or as amended by either party sending a notice by registered mailpostage paid to the address of the other:

(a) To City:(b) To Contractor:

City Hall, 43 Broadway, Newport, RI 02840Central Parking System,233 Weybosset Street

Providence, RI 02903

18. DEFAULT: If Contractor shall default under any terms of this agreement and shall failto cure said default within fourteen (14) days of notification by the City, the City may at itsoption declare this entire agreement null and void or take other measures open to it in law equity.

19. NO WAIVER/CUMULATIVE REMEDIES: No failure by the parties to exercise andno delay in exercising any right, power or privilege under this agreement shall operate as awaiver thereof nor shall any single or partial exercise of any right, power or privilege hereunderpreclude any other or further exercise thereof or the exercise of any right, power or privilege.

20. APPLICABLE LAW: This agreement is made in Newport, Rhode Island. The law ofthe State of Rhode Island shall govern its interpretation, performance and enforcement.

21. COMPLIANCE WITH THE LAW: Contractor shall, at all times, be in compliancewith all applicable laws and regulations.

22. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between theparties hereto and may not be modified, altered, amended, assigned or surrendered without priorwritten consent and approval ofthe parties hereto.

23. HEADING: Any heading of the paragraphs in this agreement are inserted for theconvenience and reference only and shall be disregarded in construing and/or interpreting theagreement.

24. RECITALS: The recitals are incorporated herein as reference.

25. GENDER: Words of gender used in this agreement may be construed to include anygender, and words in the singular may include the plural, and words in the plural may include thesingular.

26. COUNTERPARTS: This agreement may be executed in any number of counterpartsand each counterpart shall be deemed an original.

- 5 -

IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and yearfirst before written.

CITY

The City ofNewportCity Hall43 BroadwayNewport, RI 02840

By:

(Signature)

Stephen C. Waluk,Mayor

(Date ofExecution)

Approved as to legal form and sufficiency:

CONTRACTOR

Central Parking System233 Weybosset StreetProvidence, RI 02903

By:

(Signature)

General Manager

(Date ofExecution)

Joseph J. Nicholson, Jr. City.Solicitor

- 6-

Communication # 4924/11Docket Date: December 14, 2011

City ofNewport

REQUEST FOR CITY COUNCIL ACTION

To:From:Date:Subject:Staff Presentation:Applicant Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Memffi~he City CouncilEdward F. Lavallee, CityManage~ -November 29, 2011Certified Local Government - Grant ApplicationDana Corson, Historic Preservation PlannerKatherine Long, Preservation Society of Newport County

Staff recommends approval of the attached Certified Local Governmeut [CLG] grant application and accompanyingresolution.

.BACKGROUND AND FINDINGS:

The Preservation Society of Newport County [PSNC] is seeking a 50/50 matching grant to aide in the completion of asurvey of the historic gates, fences, walls and posts of Bellevue Avenue from Kay Street to Ledge Road. A letter ofintent from Trudy Coxe, CEO and Executive Director ofPSNC, is also iucluded in the attached application packet.

The CLG [City of Newport] is delegating the project, including subgrant administration. to a third party organization[PSNC], which will act on the CLG's behalf as subgrantee, and receive funds directly from the Rhode Island HistoricPreservation and Heritage Commission [RIHPHC].

The 50/50 match will be coming from the PSNC.

PREVIOUS LEGISLATIVE ACTIONN/A

FISCAL IMPACT

~ Currently Budgeted (Account ) ~ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTSResolutionLetter from Trudy CoxeGrant Application

Finance Dept Review: Date By: _ (if applicable)

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED:

IN COUNCIL

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

the City of Newport is designated as a Certified LocalGovernment and is therefore eligible to be awarded 50percent matching grants as a local government whosemunicipal historic preservation program has beencertified by the Rhode Island Historical Preservationand Heritage Commission and

the Comprehensive Land Use Plan (2003) for the City ofNewport recognizes the need for historic surveys thataddress information gaps, as stated on p. 5-25: UBecausedocumentation of Newport's historical resources willalso provide justification for regulations enacted intheir defense, another step toward protecting Newport'shistoric resources will be to increase documentation forthose areas in which more information is needed;H and

the historic designed-landscape features along theedges of properties in Newport, including fences, walls,gates, and hedges are important community-characterdefining elements whose significance has been largelyoverlooked in surveys of historic resources, includingthose for historic buildings and historic landscapes;NOW THEREFORE BE IT

that the City Council supports the grant applicationfor funding through the Rhode Island HistoricalPreservation and Heritage Cormnission's Certified LocalGovernment Grant Program with The Preservation Societyof Newport County acting as sub-grantee to providesupport for a preliminary survey that will identifysignificant, representative historic street-edgedesigned-landscape features in Newport worthy ofprotection and begin the assessment needed for effectivepreservation planning for said street-edge features, andthat the Mayor is authorized to sign any documentsdeemed necessary for said award, on behalf of the City

READ AND PASSED


lrJ~~: "

PRESERVATION SOCIETY01:: Nli-WPORT COUNTY

Dear Mr. Bronk:

October 17, 2011

Alignment with State and Local Planning Goals

www.NewportMansions.orR

While much has been preserved, there have been significant areas of losswith the destruction ofsuch estates as Stone Villa, Chetwode, and VillaRosa along with their accompanying enclosures. Many of the BellevueAvenue gates, etc., are not protected under the present Historic DistrictOrdinance. A comprehensive survey is necessary to document whatremains before further losses occur.

This survey project aligns with the Rhode Island Historical Preservation &Heritage Commission's State Historic Preservation Plan (2002) GoalOne: Locate, identify, and evaluate all of Rhode Island's historicresources. Policies under this goal include: "[refining] our understandingofhistorical significance to include a wider variety ofproperties ...Previous surveys sometimes collected only a limited amount ofinformation about individual properties; these gaps should be filled in. (p.27; emphasis ours).

Paige BronkDirector ofPlanning, Zoning, Development and InspectionCity ofNewport43 BroadwayNewport, Rl 02840

The Preservation Society ofNewport County would like to act on behalfof the Certified Local Government as subgrantee to apply for; administer,and directly receive funds from a Rhode Island Historical Preservation &Heritage Commission CLG grant to support a survey of the historic gates,fences, walls and posts of Bellevue Avenue. The RlHPHC has previouslyexpressed strong interest in seeing this project funded.

Dating from the mid-19th to the early-20th centuries, the gates, fences,walls, and posts ofBellevue Avenue represent the work ofa number ofprominent American architects and a variety of historic revival styles,construction methods, and materials. They are the first elements of theAvenue an individual encounters, and serve as a character-defining.framework for the neighborhood.

424 Bellevue Avenue. Newport, RI 02840

INTERNATIONAL COUNCILArmin B. Allen - Co·ChairmanEarl A. Powell III - Co-Chairman10l1n Winthrop AldrichTheresa Elmore 8ehrendtJames D. BerwindBonnie BurnhamDr. Johan CederlundMaureen K. ChUtonAlec CobbeCount Denis de Kergorlay'Claudio DelVecchioDebra DelVecchio"Nam::y DubucPeter EltzHenrietta H. foroMorrison H. HeckschcrRobin He-rbert C.8.FBrooks lobkowiezRobert B. MacKayPauline C. MetcalrRichard MoeP.cter PennoycrMary S. Phippslouis G. PianconeAnne L PouletDame Fiona Reynolds DBESir Hugh Roberts GCVOCharles M. RoyceDeborah G. RoyceTracie RozhonEl Marques de Santa CruzHenrietta Spencef'-Churchill. BIID, FIDAVI~dim!r I.TolnoyDiane B.WilseyRichard Guv Wilson

John G.Winslow - Chairman Emeritus

CEO/EXECUTIVE DIRECTORTrudy Coxe

Duncan A. ChapmanNancyW.Cu:>hingKim DardenDwirl R For"Sarah M. GewirzAla IshamEaddo Hayes RiemanElizabeth W.leathcrmanDavid E. P. LindhWilliam F. LuceyRonald K. Machtleylohn D. MuggcridgeAndrew K. ReillyEugene B. Roberts.Jr.Alice O.Ro$sMaryVan PeltMark E. Watson litWllH~m 1': Wi'~on

William N.Wood Prince

BOARD OF TRUSTEESDonald O. Ross - ChairmanAngela Brown Fischer -Vice ChairmanCarol C. Ballard ~Vice PresidentDavid P. Leys -Vice PresidentAngela l. Moore -Vice PresidentMonty Bumham - 1j"easurerPeter S. Damon -Asst.Ti·easurerArthurW Murphy ~ Secf"Ctary

RIHPHC Funding Priorities for FY2012 include: Identification/evaluation of Historic Resourcespart I: surveys, especially of resources not yet evaluated.

This project also aligns with the City of Newport's Comprehensive Land Use Plan (2003).Relevant goals from the plan include:

• Goa12B: Preserve Newport's historic and archaeological resources and theirsetting. (p. 5-33)

• Goal 2D: Protect historic landscapes, streetscapes, open space and scenic vistas. (p.5-34; emphasis ours)

Further stressing the need for historic surveys that address information gaps, the City of Newportplan states:

Because the documentation of Newport's historical resources will also providejustification for regulations enacted in their defense, another step toward protectingNewport's historic resources will be to increase the documentation for those areas inwhich more information is needed. The areas in particular need of moredocumentation are the Ocean Drive, Bellevue, and Broadway/Newport North districtswhich contain significant natural and architectural resources. (p. 5-25; emphases ours)

Organizational Capacity

This survey project aligns with the mission of the Preservation Society ofNewport County topreserve and protect the best ofNewport County's architectural, artistic, cultural, and socialheritage. We are Rhode Island's largest cultural organization and accredited by the AmericanAssociation of Museums in recognition of our professional operation, adherence to bestpractices, and commitment to improvement and public service. The Society is committed todesignating 50% of its own funds and in-kind contributions to the project.

The project director will be architectural historian John Tschirch, the Preservation Society'sDirector of Museum Affairs. A consultant who meets the professional standards detailed in 36CFR Part 61 will be selected through a request-for-proposal process. Coordinating with theProject Director, the consultant will conduct a comprehensive survey of the historic gates,fences, walls and posts of Bellevue Avenue from Kay Street to Ledge Road, and prepare surveysheets and photographs for every gate, etc. surveyed. We will issue the RFP in the spring of2012and hire a consultant by June when survey fieldwork will commence. At the completion ofthesurvey, the Project Director and other Preservation Society staff will review the work products.The entire project should be completed and funds spent by the end of2012.

We look forward to partnering with the City of Newport on this important project. Should youneed more information, please contact me at 847-1000 ext. 122 or [email protected].

Sincerely,

Trudy CoxeCEO and Executive Director

GRANTS-IN-AID APPLICATIONIFEDERAL FISCAL YEAR 2012

HISTORIC PRESERVATION PROJECTS FOR CERTIFIED LOCAL GOVERNMENTS

DUE DATE: FRIDAY, DECEMBER 16, 2011

RHODE ISLAND HISTORICAL PRESERVATION AND HERITAGE COMMISSION

150 BENEFIT STREET, PROVIDENCE, RI 02903

(401)222-2678 FAX: (401)222-2968 TTY (401)222-3700 Website www.preservation.rLgoY

PROJECT TITLE: Survey of Street-Edge Features: Fences, Walls, Gates, Hedges

AMOUNT OF GRANT REQUEST: -'$""9-'-",8""00"-- _

1. CERTIFIED LOCAL GOVERNMENT

NAME OF CERTIFIED LOCAL GOVERNMENT (CLG) ...IN''''e'''w!..lp'''o''-'rt'-- _

City/Town HaIl Address .->C"'-it",.y.....H""a""Il _

Street 43 Broadway

CitylTown --"N.l.>e"'w"'p""ort"- Zip Code ~0",2""84,,,,0,-- _

NAME OF CHIEF LOCAL ELECTED OFFICIAL -->S=te""p""he=n'-'C"".-'W"'a,...lu"'k"- _

Office Address.->C"'-it",.y.....H""a"'Il _

Street 43 Broadway

CitylTown Newport Zip Code ~0"'2.1!:84""0'-- _

Daytime Telephone (401) 845-5436 E-mail address [email protected]

1

NAME OF CLG CONTACT PERSON ~G",-u><;Yr...W.l.l-"e",st""on"" ...Z""o,..m",·n""g-"O<zf....fic",e",r _

Office Address ~C""i~tYLH!.!.aall!.I _

Street 43 Broadway

City/Town Newport Zip Code --'0,:,2""'84"'0"-- _

Daytime Telephone (401) 845-5436 E-mail address [email protected]

II. HISTORIC DISTRICT

NAME OF LOCAL HISTORIC DISTRICT ZONING AREA(S)

Bellevue Avenue HD, Bellevue Avenue/Casino HD, Ochre Point HD, and Newport HD

LOCATION Newport, RI

NAME OF HISTORIC DISTRICT COMMISSION CHAIR --"-J""ohn""-'S""h""eh"'a"'n _

Mailing Address ~C""i....tyr...H......al...I _

Street 43 Broadway

CitylTown --'N""e"'w:I.Jp.,o"'-rt"-- Zip Code --'0,:,2"'8:c40"- _

Daytime Telephone (401) 845-5436 E-mail [email protected]

III. PROJECT IDENTIFICATION AND DESCRIPTION

PROJECT TITLE: Survey of Street-Edge Features: Fences, Walls, Gates, Hedges

Location of project area. Identify the districts ifthe project area is in a NationalRegister/local historic district zoning area.

Bellevue Avenue HD, Bellevue Avenue/Casino HD, Ochre Point HD, and Newport HD

2

PROJECT AREA IS LOCATED IN CONGRESSIONAL DISTRICT #-L

PROJECT DESCRIPTION: Identify what the subgrant is and give a brief description of its purpose.Explain HOW project work will be carried out, and BY WHOM. Describe what WORK PRODUCTSwill be produced under the subgrant.

If the CLG is delegating this project, Including subgrant administration, to a third partyorganization, which will act on the CLG's behalf as subgrantee, and receive funds directly from theRIHPHC, please state this In the Project Description.

Indicate who the principal PROJECT PERSONNEL will be and whether they meet the professionalqualification standards detailed in 36 CFR Part 61 (see instructions). If you are proposing a location forthe STATEWIDE HISTORIC PRESERVATION CONFERENCE, or a training workshop, state whetherthe proposed building for the conference will be accessible to the disabled.

Project Description

Project Need

Historic designed-landscape features along the edges of properties in Newport are important,community-character-defining elements found in many of the city's neighborhoods. Theirsignificance has been largely overlooked in surveys of historic resources, including those forhistoric buildings and historic landscapes. This preliminary survey will identify significant,representative historic street-edge designed-landscape features worthy of protection and beginthe assessment needed for effective preservation planning for them.

Resources Included in Survey

A consultant who meets the professional standards detailed in 36 CFR Part 61 will be selectedthrough a request-for-proposal process to conduct a survey of selected significant designedlandscape features at or near the street line ofproperties within the project areas, including butnot necessarily limited to fences, walls, gates, bollards, paving, and hedgerows. The survey willinclude no more than 200 properties in the identified survey areas. Determination ofproperties tobe included in the survey will be made jointly by the consultant and Rhode Island HistoricalPreservation & Heritage Commission staff. The Preservation Society ofNewport County(PSNC) will act on the CLG's behalf as subgrantee and will administer the subgrant and willreceive funds directly from the Rhode Island Historical Preservation & Heritage Commission.

Project Areas

Project areas have been identified by applying two criteria: (I) areas where historic street-edgedesigned-landscape features exist in abundance and define the neighborhood's character and (2)

3

areas where existing documentation of historic street-edge designed-landscape features isinadequate. The two areas that meet both criteria are:

1. The area bounded north by Memorial Boulevard, east and west by back lot lines ofBellevue Avenue from Memorial Boulevard to Narragansett Avenue, north by back lotlines of Narragansett Avenue from Bellevue to Rhode Island Sound, east by Rhode IslandSound, east and south by Rhode Island Sound, and west by Coggeshall Avenue andSpring Street.

2. The area bounded north by Van Zandt Avenue, east by railroad right of way andAmerica's Cup Boulevard, south by Goat Island Connector, and west by NewportHarbor.

Resource Documentation

Resources will be photographed and described on a historic-data survey sheet developedspecifically for this survey by the Rhode Island Historical Preservation & Heritage Commission.Upon completion of field work, research will be conducted to determine date of construction anddesigner andlor builder, when known. From the field work and research, information will begathered into an inventory that describes and preliminarily evaluates each property.

Work Products

Work products include survey sheets, digital photographs, and a narrative inventory. Written andvisual documentation must be adequately detailed to facilitate informed property-managementdecisions by project reviewers, such as building-inspection officials, historic-district-commissionstaff and members, and state-historic-preservation-office staff and commissioners.

4

IV. PROJECT SCHEDULE

Outline the project work schedule and note the dates that preliminary workproducts (if applicable) will be submitted for review by the Rhode Island HistoricalPreservation and Heritage Commission.

On or Before

March 15,2012

May 1,2012

May 15,2012

June 1,2012

Activity

RFPs issued by PSNC and RIHPHC

RFPs due to PSNC and RIHPHC

Consultant selected

Memorandum of Agreement signed between City ofNewport,PSNC, and RIHPHC

Consultant contract signed

June IS, 2012 Survey fieldwork begins

September I, 2012 Survey fieldwork completed

Research begins

January 1,2013

March 1,2013

April I, 2013

Research completed

Creation of inventory begins

Inventory completed

Review of work product with RIHPHC staff begins

Project completed

5

V. PROJECT SELECTION CRITERIA

Describe how project work meets the RI Historical Preservation and HeritageCommission's Project Selection Criteria outlined in the Instructions.

This project aligns with Goal One of the State Historic Preservation Plan (2002), which is to"locate, identify, and evaluate all of Rhode Island's historic resources." Policies under thisgoal include:

... [refining] our understanding ofhistorical significance to include a wider variety ofproperties ... Previous surveys sometimes collected only a limited amount ofinformation about individual properties; these gaps should be filled in, (p. 27).

In addition, RIHDHC Funding Priorities for FY2011 include: Identification/evaluation ofHistoric Resources part I: surveys, especially of resources not yet evaluated.

This project also aligns with historic preservation goals for the City ofNewport. Furtherstressing the need for historic surveys that address information gaps, the City of NewportComprehensive Land Use Plan (2003) states:

Because the documentation ofNewport's historical resources will also providejustification for regulations enacted in their defense, another step towardprotecting Newport's historic resources will be to increase the documentation forthose areas in which more information is needed. (p. 5-25)

6

VI. BUDGET

AMOUNT OF GRANT REQUEST: $_"'9,""80=0"--- _

NON-FEDERAL MATCHING SHARE: $ 1.470 (in-kind)

TOTAL PROJECT COST: $ 11,760

Provide a simple budget which includes major line items such as: personnel, equipment, supplies,travel, contributed services (see application instructions). The budget must include BOTH thefederal and non-federal matching share amounts. (Use separate page if necessary.)

Field work and photography: 200 properties @ 5/hour

Documentary research: 200 properties @ 4/hour

Creation of inventory: 200 properties @ 4/hour

140 hours @ $70/hourPSNC StaffTime/Administration 15%

VII. NON-FEDERAL MATCHING SHARE

40 hours

50 hours

50 hours140 hours

$9,8001.470

$11,760

a.

b.

c.

Donor PSNC Total Amount $1.470Source General fundsKind Staff time Date Available start of project

Donor Total AmountSourceKind Date Available

Donor Total AmountSourceKind Date Available

Briefly describe how matching share contributes to achieving the scope ofwork proposed in Section II.

7

ASSURANCES

In consideration of and for the purpose of applying for a historic preservation grant from the Rhode

Island Historical Preservation and Heritage Commission, we, the City ofNewport and its respective

Historic District Commission, hereby assure and pledge that we currently meet and will continue to meet

the following:

Laws and Regulations: Grants will be administered in conformance with all applicable federal and state

laws, regulations and policies of the Rhode Island Historical Preservation and ,Heritage Commission

grant program including but not limited to:

a. Compliance with equal opportunity and handicapped laws and regulations;

b. Conducting all bidding and contracting actions in a manner that provides for maximum open and

free competition in compliance with the Office of Management and Budget Circular A-I 02;

c. Certification that the municipality is not presently debarred, suspended, ineligible or voluntarily

excluded from receiving federal funds by any federal department of agency (signature required on

the attached Lower Tier Debarment Certification form).

Project Funding: Adequate financial resources will be available to initiate the project upon federal

approval, complete the proposed work on schedule and provide for the cash flow requirements of the

project taking into consideration preferably one or two interim reimbursements (maximum of four) and

one final reimbursement. The matching share will meet the standards explained in the attached

instructions.

Personnel: The project will be conducted by a person or persons whose qualifications meet Professional

Qualifications Standards 36 CFR, Part 61 and are approved by the Rhode Island Historical Preservation

and Heritage Commission to ensure conformance with federal standards.

8

Final Project: A Final Project Report as described in the instructions will be submitted as a condition of

final reimbursement.

Termination: Termination or reduction of the grant award may occur at any time by the Rhode Island

Historical Preservation and Heritage Commission if the project work does not meet the approved plan(s)

and/or specifications or if the subgrantee fails to fulfill, in a timely manner, his or her obligations under

the grant.

SIGNED:


John ShehanHistoric District Commission Chair

Date

Date

Name ofperson who completed this application Katherine Long, Grant Administrator

Address The Preservation Society ofNewport County

Street 424 Bellevue Avenue

City/Town ~N,",""-ew!!.P1!'o",rt,,,- Zip Code -:0"'2""8"'4""0 _

Telephone (401) 847-1000 ext. ISS

9

E-Mail [email protected]


City of Newport


To:From:Date:Snbject:

Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Walnk & Mem~sf the City CouncilEdward F. Lavallee, City Manage18 November 2011Award of Bid Nnmber 12-023-Three (3) Alnminum Sectional Garage DoorsEaston's Beach Rotunda BnildiugErik Reis, Beach Manager

Approve the award of bid number 12·023, Three (3) - Haas Model CA-220 Heavy Duty Aluminum Sectional GarageDoors at the Easton's Beach Rotunda Building to "Gibson Tecbnology, LLC" of Middletown, R1 for the amount of$6,800.00

BACKGROUND AND FINDINGS:

The Rotunda Ballroom at Easton's Beach is a significant source of revenue for the City of Newport and a venue forweddings and other events. The three (3) Heavy Duty Aluminum Garage Doors will replace the remaining three existingwooden garage doors which will be consistent with the rest of the garage doors already installed and operating at thebeach property. These doors are currently located adjacent to both entrances of the Rotunda Ballroom. The doors are inextremely poor condition as they allow water to flow into the building during significant rain events and existinghardware has deteriorated over time from the harsh beach elements. This is part of the Capital Improvement Programthat was established during the FYI2 Budget cycle for Easton's Beach.

PREVIOUS LEGISLATIVE ACTIONFYI2: Structural Repairs & Improvements - FY 2012-2016 Capital Improvement Program

FISCAL IMPACTX Currently Budgeted (Account 08-190-5000-50440, Activity 084110) _ Requires additional appropriation_ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate InformationContract


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

WHEREAS: proposals were requested from overhead doorcompanies for fabrication and installation ofheavy duty aluminum garage doors at Easton'sBeach Rotunda building; and

WHEREAS: award has been recommended to the firm ofGibson Technology, LLC of Middletown, RI,meeting all specifications for providing theCity of Newport with a total of three (3)Haas model CA-220 Heavy Duty AluminumSectional Garage Doors at Easton's Beach inthe amount of $6,800.00. NOW THEREFORE BE IT

RESOLVED: that the proposal of Gibson Technology, LLCis hereby accepted andauthorized to sign theupon review by the Cityon behalf of the City.

IN COUNCIL

READ AND PASSED


that the Mayor iscontract for same,Solicitor's Office,

T"a'b1·'J.....t ro'n "o'f''DI'f)''''#' -1 1..A '16'""--" 7,,',",,; \, }t:i'fQ;,,':'t:."":- ,"'i,,:',,':;:,':;':::P';, ,-; ,:",/:' :', :,,::,:';:.:',,:- '-, ',:.1::~',U;£S, :'"._"~

:~"..o~~:.~"~,:.,:=:,,., ..,,~,".~:'::.":':.J~fltee~£1~:!l~a~intid~~.rt~';~ijt!::'·'.:~-=-Yc~:--=~"'. -'::.. , ..•",._".-,';

" II.~"" _"'_''0""__ ' __"_ -'__ '''''''''='=='='='='=0::=-..0-"=;:.:",:0;,=,,,,,,,_ -"-','c:..- "'""',-0--'~~~'~'''''-O-"''~_"~''~'~_~'~,"'~~~-:- '~"::=:::--_ • ~..00""===="".=::-:..--

(Beach)

Gibson Overhead FaganTechnologies Door Door

1. Three (3) - Haas model CA-220Heavy Duty Aluminum SectionalGarag.e Doors

$6,800.00 $6,904.00 $6,973.00

Bid Closed: 26 Oct 2011

1

City of NewportStandard Contract

For

Bid #12-023Three (3) Aluminum Sectional Garage Doors

1

This Contract (The "Contract") is made and entered into by and between the City of

Newport, (the "City") and Gibson Technology, LLC of Middletown, RI

(the "Contractor"). This Contract shall become effective on the date it is executed by

the last party to execute it ("the effective date").

This Contract is for a project identified as Three (3) Heavy Duty AluminumSectional Garage Doors

As outlined under Bid/Proposal # 12-023 (the "Project").

For and in consideration of the mutual promises, covenants, and agreements set forth

herein, and for other good and valuable consideration, the sufficiency of which is

hereby acknowledged, the City and the Contractor agree as follows:

ARTICLE 1

THE WORK OF THIS CONTRACT

The Contractor shall execute the entire work described in the Original Bid/Proposal

package and Contract Documents contained herein, except to the extent specified

indicated in the Contract Documents to be the responsibility of others, or as follows:

The Contractor will remove, and dispose of, existing three (3) wooden

garage doors and associated hardware and replace with three (3) heavy duty

aluminum sectional doors, Haas Model #CA-220. Gibson Technology, LLC

2

will provide supervision, labor, equipment, tools, materials, and services

required to complete the removal and installation process.

Furnish and install into the existing openings two (2) 8' 0" wide by 8'

0" high, and (1) 9' 0" wide by 8'0" high, Haas model CA-220 Heavy Duty

Aluminum Sectional Garage Doors.

The following materials will also be used for the project:

1 3/4 " thick full tubular aluminum framework with .125" wall thickness

wherever hardware attaches, 18 gauge stucco embossed aluminum panels in

all sections, with no windows. Heavy duty 14 gauge galvanized steel

hardware, interior slide lock with no exterior key hardware, standard 10,000

cycle torsion spring counterbalance on a tube shaft, standard 15" radius

track bracket mounted verticals, bronze anodized finish, and manual push up

operation.

The installation will consist of two (2) of the doors having panels that

are eight (8) feet wide, 2 (two) panels per section, four (4) sections high.

The third (3rd) door will be nine (9) feet wide, with three (3) panels per

section, and four (4) sections high.

Center Stiles will be two-and-one-half (2 'Iz) inches wide. End Stiles

will be four (4) inches wide, the Top Rail will be four (4) inches wide,

Meeting Rail will be four (4) inches, and the Bottom Rail will be four (4)

inches wide.

Upon completion of work, Contractor will clean up in accordance with

manufacturer's recommendations. Any surfaces marred during application

must be restored to original condition.

3

ARTICLE 2

DOCUMENTS INCORPORATED BY REFERENCE

This Contract references or includes the plans and specifications for the project as

identified thereon as such included in the original Bid/Proposal Package # 12-023 plus

the following: Specifications referenced. above, with insurance requirements

listed in Article 23 (Insurance) of this document . A copy submitted of

insurance will be submitted to the City, with the City of Newport, 43

Broadway, Newport, RI 02840 listed as the additionally insured. Insurance

must be kept in effect throughout the entire project.

All of which are hereby incorporated herein by reference and made a part hereof.

Change Orders issued hereafter, and any amendments executed by the City and the

Contractor, shall become, and be a part of this Contract. Documents not included or

expressly contemplated in this Article 2, do not, and shall not, form any part of this

Contract.

ARTICLE 3

REPRESENTATIONS OF THE CONTRACT

In order to induce the City to execute this Contract and recognizing that the City is

relying thereon, the Contractor, by executing this contract, makes the folloWing express

representation to the City:

(a) The Contractor is fully qualified to act as the contractor for the Project and has, and

shall maintain, any and all licenses, permits or other authorizations necessary to act

as the contractor for, and to construct, the Project.

4

(a) The Contractor has become familiar with the Project site and the Local conditions

under which the Project is to be constructed and operated.

(b) The Contractor has received, reviewed and carefully examined all the documents

which make up this Contract, including, but not limited to, the plans and

specifications, and has found them in all respects to be complete, accurate,

consistent, coordinated and sufficient for construction.

(c) The Contractor is familiar with all Federal, State, Municipal, and Departmental Laws,

Ordinances, Orders and Regulations, which may in any way affect the work of those

employed therein, including, but not limited to, any special acts related to the work

or Project of which it is a part;

(d) The Contractor is aware of the hazards involved in the work and the danger to life

and property, both evident and inherent, and the Contractor will conduct the work

in a careful and safe manner without injury to person or property.

ARTICLE 4

INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, The City and the

Contractor agree as follows:

(a) This contract, together with the Contractor's and Surety's performance and payment

bonds for the Project, if any, constitute the entire and exclusive agreements

between the parties with reference to the Project, and said Contract supersedes any

and all prior discussions, communications, representations, understandings,

negotiations, or agreements. This Contract also supersedes any bid/proposal

documents not incorporated herein pursuant to Article 2.

5

(b) Anything that may be required, implied or inferred by the documents which make up

this Contract, or anyone or more of them, shall be provided by the Contractor for

the Contract Price;

(c) Nothing contained in this Contract shall create, nor be interpreted to create, private

or any other relationship whatsoever between the City and any person except the

contractor;

(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or

construed first, as defined herein; second, if not defined, according to its generally

accepted meaning in the industry, and third, if there is no generally accepted

meaning in the industry, according to its common and customary usage;

(e) The Contractor shall have a continuing duty to read, examine, review, compare and

contrast each of the documents which make up this Contract, shop drawings, and

other submittals and shall give written notice to the City of any conflict, ambiguity,

error or omission which the Contractor may find with respect to these documents

before proceeding with the affected work. The express or implied approval by the

City of any shop drawings or other submittals shall not relieve the Contractor of the

continuing duties imposed hereby, nor shall any such approval be evidence of the

Contractor's compliance with this Contract.

(f) However, The City makes no representation or warranty of any nature whatsoever

to the Contractor concerning such documents. The Contractor, again hereby

acknowledges and represents that it has received, reviewed and carefully examined

such documents, has found them to be complete, accurate, adequate, consistent,

coordinated and sufficient for construction, and that the Contractor has not, does

not, and will not rely upon any representations or warranties by the City concerning

such documents, as no such representations or warranties have been or are hereby

made;

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(g) In the event of any conflict, discrepancy, or inconsistency among any of the

documents which make up the Contract, the following shall control:

(1) As between drawing and specifications, the specifications shall govern;

(2) As between figures given on plans and scaled measurements, the figures shall

govern;

(3) As between this document and the plans or specifications, this document shall

govern.

ARTICLE 5

OWNERSHIP OF DOCUMENTS WHICH MAKE UP THE CONTRACT

The document which make up this Contract, and each of them, as well as any other

documents furnished by the City, shall remain the property of the City. The City shall

provide the Contractor with a sufficient number of copies of the complete Contract as

the City determines necessary. The Contractor shall have the right to keep the

Contractor's executed set; provided, however, that in no event shall the Contractor use,

or permit to be used, any portion or all such Contract on other projects without the

City's prior written authorization. All sets in usable condition, with the exception of the

Contractor's executed set, shall be returned to the City at the completion of the work or

termination of the Contract.

ARTICLE 6

CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the work required, implied or reasonably inferable

for this Contract including, but not limited to the following:

(a) Complete the Project;

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(b) The Furnishing of any required surety bonds and insurance.

(c) The provision and furnishing, and prompt payment therefor, of labor, supervision,

services, materials, supplies, equipment, fixtures, appliances, facilities, tools,

transportation, storage, power, fuel, heat, lights, cooling, or other utilities, required

for completion of the project and all necessary building permits and other permits

required for the Project;

(d) The creation and submission to the City of detailed and comprehensive as-built

drawings depicting all as-built construction (if necessary). Said (as-built) drawings

shall be submitted to the City upon final completion of the Project and receipt of

same by the City shall be a condition precedent to final payment to the Contractor.

ARTICLE 7

TIME FOR CONTRACTOR'S PERFORMANCE

(a) The Contractor shall commence the performance of this Contract within ten (10)

calendar days after the Notice to Proceed and shall diligently continue its

performance to and until final completion of the Project (subject to winter

shutdown period if necessary as provided for in Article 8, Paragraph (L». The

Contractor shall accomplish Substantial Completion of the Project on or before the

dates established pursuant to Paragraph (K) and (L) in Article 8.

ARTICLE 8

PAYMENT TO CONTRACTOR

(a) The City shall pay, and the Contractor shall accept, as full and complete payment

for the Contractor's timely performance of its obligation hereunder, the Contract

sum of Six Thousand Eight Hundred dollars and Zero cents ($ 6,800.00).

8

The price set forth in this Paragraph 8, shall constitute the Contract Price, which

shall not be modified except by a Change Order as prOVided by this Contract.

(b) All contracts in excess of $1,000.00 are subject to RIGL and required by state law

and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing

wage applies Certified payrolls must be submitted on a weekly or by-weekly basis

along with payment requests.

(c) The City shall pay the Contract Price to the Contractor in accordance with the

procedures set forth in this Paragraph 8. On or before the 15th day of each month

after commencement of performance, but no more frequently than once monthly,

the Contractor may submit a Payment Request for the period ending the 31st day of

proceeding the month. Said Payment Request shall be in such format and include

the City may require. Each Payment Request shall be signed by the Contractor and

shall constitute the Contractor's representation of the quantity of work has reached

the level for which payment is requested. And that the work has been properly

installed or performed in strict compliance with this Contract and that the

Contractor knows of no reason why payment should not be made as requested.

Thereafter, the City shall review the Payment Request and may also review the

work at the Project site or elsewhere to determine whether the quantity and quality

of the work is as represented in the Payment Request and is as required by this

Contract. The City shall approve in writing the amount which, in the opinion of the

City, is properly owing to the Contractor. The payment of the Contractor's invoice

will be made no later than thirty (30) days after the receipt of the invoice.

(d) The City shall retain a percentage of the progress or monthly payment claimed

including approved change orders. The retainage shall remain a ten (10%) percent

until seventy-five (75%) percent of the Contract is complete, as determined by the

City. At that time, if the City decides the Contractor is making adequate progress,

the City may reduce retainage to five (5%) percent of the dollar value of all work

9

satisfactorily complete to date, including change orders. Any further reductions in

the retainage amount shall be at the City's discretion. The City shall pay the

retainage to the Contractor within ninety (90) days of the date the work is accepted

by the City unless a dispute exists with respect to the work.

(e) Upon Substantial Completion, the City may reduce the amount of retainage to the

final retainage of five (5%) percent of the dollar value of all work satisfactorily

completed to date, including approved change orders plus an additional retainage

based on the City's estimate of the fair value of any punch list items and the cost of

completing and/or correcting such incomplete or defective items or work. As these

items are completed, they shall be paid for out of the retainage until Final

Completion and the City declares Acceptance of Work. The final 5% retainage shall

be paid to the Contractor by the City within ninety (90) days of the date the work is

accepted by the City, unless a dispute exist with respect to the work.

(f) Upon final Completion and Acceptance of the Work, the City shall issue a certificate

attached to the final payment request stating that the City under the conditions of

the Contract Documents has accepted the Work. The entire balance to be due the

Contractor shall be paid to the Contractor within ninety (90) days of the Final

Completion and Acceptance of Work.

(g) When payment is received from the City, the Contractor shall immediately pay all

SUbcontractors, materialmen, laborers, and supplies the amounts they are due for

work covered under such payment. In the event the City becomes informed that

the Contractor has not paid a subcontractor, materialmen, laborers or suppliers, as

provided herein, the City shall have the right, but not the duty to issue future

checks and payments to the Contractor of amounts otherwise due hereunder

naming the Contractor and any such SUbcontractors, materialmen, laborer, or

supplier as joint payees. Such joint check procedure, if employed by the City, shall

create no rights in favor of any person or entity beyond the right of the named

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payee to payment of checks and shall not be deemed to commit the City to repeat

the procedure in the future.

(h) Neither payment to the Contractor, utilization of the Project for any purpose by the

City, nor any other act or omission by the City shall be interpreted or construed as

an acceptance of any work of the Contractor not strictly in compliance with this

Contract.

(i) The City shall have the right to refuse to make payment and, if necessary, may

demand the return of a portion or all of the amount previously paid to the

Contractor due to:

(1) The quality of a portion, or all, of the Contractor's work not being in

accordance with the requirement of this Contract;

(2) The quantity of the Contractor's work not being as represented in the

Contractor's Payment Request, or otherwise;

(3) The Contractor's rate of progress being such that, in the City's opinion,

Substantial or Final Completion, or both, may be inexcusably delayed;

(4) The Contractor's failure to use Contract funds, previously paid the Contractor

by the City, to pay Contractor's Project-related obligations including, but not

limited to, subcontractors, laborers, material and equipment suppliers;

(5) Claims made, or likely to be made, against the City or its property.

(6) Loss caused by the Contractor;

(7) The Contractor's failure or refusal to perform any of its obligations to the City.

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(8) Failure to provide certified payrolls in accordance with Davis Bacon wage

determinations and Rhode Island General Laws.

In the event that the City makes a written demand upon the Contractor for amounts

previously paid by the City as contemplated in this paragraph, the Contractor shall

promptly comply with such demands.

U) When Substantial Completion has been achieved, the Contractor shall notify the

City in writing and shall furnish to the City a listing of those matters yet to be

finished. The City will thereupon conduct and inspection to confirm that the work is

in fact Substantially Complete. Upon its confirmation that the Contractor's work is

Substantially Complete, the City will so notify the Contractor in writing and will

therein set forth the date of Substantial Completion. If the City, through its

inspection, fails to find that the Contractor's work is Substantially Complete, and is

required to repeat all, or any portion, of its Substantially Completion inspection, the

Contractor shall bear the cost of such repeat inspection(s) which cost may be

deducted by the City from any payment then or thereafter due the Contractor.

(k) When the Project is finally complete and the Contractor is ready for final inspection,

it shall notify the City thereof in writing. Thereupon, the City will perform a final

inspection of the Project. If the City confirms that the Project is complete in full

accordance with this Contract and the Contractor has performed all of its

obligations to the City hereunder, the City will furnish a final Approval for Payment

certifying that the Project is complete and the Contractor is entitled to the

remainder of the unpaid Contract Price, less any amount withheld pursuant to this

Contract. If the City is unable to issue its final Approval for Payment and is

required to repeat its final inspection of the Project, the Contractor shall bear the

cost of such repeat inspection(s), which costs may be deducted by the City from

the Contractor's final payment.

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(I) The Contractor is to begin work within ten (10) days after the Notice to Proceed

and shall complete the work within Thirty (30) consecutive calendar days. If the

Contractor fails to complete the work as set forth in the paragraph B(l), the

Contractor shall pay the City the sum of Five Hundred Dollars ($ 500.00) per day

for each and every calendar day of unexcused delay in completing the work. Any

sums due and payable hereunder by the Contractor shall be payable, not as a

penalty, but as liquidated damages representing an estimate of delay damages

likely to be sustained by the City, estimated at or before the time of executing this

Contract. When the City is reasonably believes that the date of completion will be

unexcuseable delayed, the City shall be entitled, but not required, to withhold from

any amounts otherwise due the Contractor an amount then believed by the City to

be adequate to recover liqUidated damages applicable to such delays. If and when

the Contractor overcomes the delay in achieving completion of the work, or any

part thereof, for which the city has withheld payment, the City shall promptly

release the Contractor those funds withheld, but no longer applicable, as liquidated

damages.

(m) The Time for completion noted above has been developed upon assumptions that

the work may be suspended during winter shutdowns if necessary. The Manager

of Easton's Beach, in the City of Newport, shall determine winter shutdowns for

this Project. The time period specified for completion of the work in paragraph (k)

above shall be suspended during such winter shutdowns. The Contractor shall plan

on winter shutdown period based upon these dates unless otherwise directed by

the City. The winter shutdown dates are subject to change depending on weather

conditions. The City shall notify the Contractor in writing if there is a change in the

winter shutdown period due to weather, environmental or other conditions, which

preclude the work from being executed in accordance with these documents.

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(n) Prior to being entitled to receive final payment, and as a condition precedent

thereto, the Contractor shall furnish to the City, in the form and manner required

by the City:

(1) An affidavit that all of the Contractor's obligations to subcontractors, laborers,

equipment or materials suppliers, or other third parties in connection with the

Project, have been paid or otherwise satisfied;

(2) If requested by the City, separate releases of lien or lien waivers from each

subcontractor, lower-tier subcontractor, laborer, supplier or other person or

entity who has, or might have a claim against the City or the City's property;

(3) If applicable, consent(s) of surety to final payment;

(4) All product warranties, operating manuals, instruction manuals, and other

record documents, drawings, and things customarily required of the

Contractor, or expressly reqUired herein, as part of or prior to Project closeout.

ARTICLE 9

MUNICIPAL POLICE TRAFFIC CONTROL

The Cost of Municipal Police Traffic Control shall be paid in accordance with RIGL §37

12-10. The Contractor shall be responsible for scheduling Municipal Police Officers for

traffic control purposes through the Police Department for the City of Newport. If

traffic control assignments are cancelled without twenty-four (24) hours' notice, the

Contractor is responsible to pay the City of Newport for the hours Police Officers would

have worked, if it had not been for the untimely cancellation of the assignment. The

City at its sole discretion may require such scheduling be pre-approved by the Public

Works Department. The Contractor is responsible for all highway safety equipment for

traffic control purposes including, but not limited to proper signage and traffic cones.

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ARTICLE 10

CEASE AND DESIST ORDER

In the event the Contractor fails or refuses to perform the work as required herein, the

City may instruct the Contractor to CEASE and DESIST from performing further work in

whole or in part. Upon request of such instruction, the Contractor shall immediately

cease and desist as instructed by the City and shall not proceed further until the cause

of the City's instruction has been corrected, or no longer exists, or the City instructs

that the work resume. In the event the City issues instructions to cease and desist, and

in the further event that the Contractor fails and refuses within seven (7) calendar days

of receipt of same to provide adequate assurance to the City that the cause of such

instructions will eliminate or corrected, then the City shall have the right, but not the

obligation, to carry out the work with its own forces, or with the forces of another

Contractor, and the Contractor shall be fully responsible and liable for the costs of

performing such work by the City. The rights set forth herein are in addition to, and

without prejudice to, any other rights or remedies that the City may have against the

Contractor.

ARTICLE 11

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

In addition to any and all other duties, obligations and responsibilities of the Contractor

set forth in this Contract, the Contractor shall have and perform the following duties,

obligations and responsibilities to the City:

(a) The Contractor is again reminded of its continuing duties set forth in Subparagraph

4 (e) which are by reference hereby incorporated in this Subparagraph 10 (a). The

Contractor shall not perform work Without adequate plans and specifications, or, as

appropriate, approved shop drawings, or other submittals. If the Contractor

performs work knowing or believing it involves an error, inconsistency or omission

15

in the Contract without first providing written notice to the City and the Architect,

the Contractor shall be responsible for such work and pay the cost of correcting

same;

(b) All work shall strictly conform to the requirements of this Contract;

(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for

any and all aspects or omissions of those engaged in the work on behalf of the

Contractor;

(d) The Contractor hereby warrants that all labor furnished under this Contract shall be

competent to perform the task undertaken, that the product of such labor shall

yield only first-class results, that all materials and equipment prOVided shall be new

and of high quality, that the completed work will be complete, of high quality,

without defects, and that all work strictly complies with the requirements of this

Contract. Any work not strictly complying with the requirements of this

Subparagraph shall constitute a breach of the Contractor's warranty;

(e) The Contractor shall obtain and pay for all required permits, fees and licenses

customarily obtained by the Contractor. The Contractor shall comply with all legal

requirements applicable to the work.

(f) The Contractor shall employ and maintain at the Project site, only competent

supervisory personnel.

(g) The Contractor shall keep an updated copy of this Contract at the Project site.

Additionally, the Contractor shall keep a copy of approved shop draWings and other

submittals. All of these items shall be available to the City at all regular business

hours. Upon final completion of the work, all of these items shall be finally updated

and provided to the City and shall be come property of the City.

16

(h) The Contractor shall maintain the Project site in a reasonably clean condition during

performance of the work. Upon final completion, the Contractor shall thoroughly

clean the Project site of all debris, trash and excess materials or equipment.

(i) At all times relevant to this Contract, the Contractor shall permit the City to enter

upon the Project site and review or inspect the work Without formality or other

procedure.

(j) All contracts in excess of $1,000.00 are subject to RIGL and required by state law

and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing

wage applies Certified payrolls must be submitted on a weekly or by-weekly basis

along with payment requests.

ARTICLE 12

DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY

(a) Except for permit fees, which are the responsibilities of the Contractor, the City shall

secure and pay for necessary approvals, easements, assessments and charges

required for the construction, and services performed pursuant to the Contract.

(b) If the Contractor fails to correct work, which is not in accordance with the

requirements of the Contract, and persistently fails to carry out the work in

accordance with the Contract, the City, by a written letter, may order the Contractor

to stop all work, or any portion thereof, until the cause of such order has been

eliminated; however, the right of the City to stop the work shall not give rise to a

duty on the part of the City to exercise this right for the benefit of the Contractor,

or any other person or entity.

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(c) Upon completion and acceptance of the work, the City shall issue a certificate

attached to the final payment request that the City under the conditions of the

Contract has accepted the work.

ARTICLE 13

"OR EQUAL" CLAUSE

(a) Whenever a material or article required is specified or shown on the drawings by

using the name of the proprietary product of the particular manufacturer or

vendor, any material or article which will perform adequately the duties imposed by

the general design may be considered equal and satisfactory providing the material

or article so proposed is of equal substance and function in the City's opinion. It

shall not be purchased or installed without the City's written approval. In all cases,

new material shall be used in the Project.

(b) If more than one brand, make of material, device, or piece of equipment is shown

or specified, each should be regarded as the equal of the other. Any other brand,

make of material, device or equipment, which in the opinion of the City or its

Authorized Representative, is the recognized equal of that specified (considering

quality, workmanship, and economy of operation), and is suitable for the purpose

intended, may be accepted.

ARTICLE 14

INDEMNITY

The Contractor shall indemnify and hold the City harmless from any and all claims,

liability, damages, loss, cost and expense of every type whatsoever, including, without

limitation, attorney's fees and expenses, in connection with the Contractor's

performance of this Contract, provided that such claims, liability, damages, loss, cost of

expense is due to sickness, personal injury, disease or death, or loss or destruction of

18

tangible property (other than the work itself), including loss of use resulting therefrom,

to the extent caused by the Contractor, or anyone for whose acts the Contractor may

be liable, regardless of whether such liability, claim, damage, loss or expense is caused

in part by the City.

ARTICLE 15

CLAIMS BY THE CONTRACTOR

Claims by the Contractor against the City are subject to the following terms and

conditions:

(a) All Contractor claims against the City shall be initiated by a written claim submitted

to the City. Such claims shall be received by the City no later than seven (7)

calendar days after the event, or the first appearance of the circumstances, causing

the claim, and the same shall set forth in detail all known facts and circumstances

supporting the claim;

(b) The Contractor and City shall continue their performance hereunder regardless of

the existence of any claim submitted by the Contractor.

(c) In the event the Contractor discovers preViously concealed and unknown site

conditions which are materially at variance from those typically and ordinarily

encountered in the general geographical location of the Project, the Contract Price

shall be modified, either upwards or downward, upon the written claim made either

party within seven (7) calendar days after the first appearance to such party of the

circumstances. As a condition precedent to the City having any liability to the

Contractor due to concealed and unknown conditions, the Contractor must give the

City written notice of, and an opportunity to observe such condition prior to

disturbing it. Failure by the Contractor to give written notice and make the claim as

provided by this Subparagraph 12(c) shall constitute a waiver by the Contractor of

any rights arising out of or relating to such concealed and unknown condition.

19

(d) In the event the Contractor seeks to make a claim of an increase in the Contract

Price, as a condition precedent to any liability of the City therefor, the Contractor

shall strictly comply with the requirements of Subparagraph 12(a) above, and such

claim shall be made by the Contractor before proceeding to execute any additional

or change work. Failure of the condition precedent to occur shall constitute a

waiver by the Contractor of any claim for additional compensation.

(e) In connection with any claim by the Contractor against the City for compensation in

excess of the Contract Price, any liability of the City for the Contractor's cost shall

be strictly limited to direct cost incurred by the Contractor and shall in no event

include indirect costs or consequential damages of the Contractor. The City shall

not be liable to the Contractor for claims of third parties including subcontractors,

unless and until liability of the Contractor has been established therefor in a court

of competent jurisdiction.

(f) In the event the Contractor shall be delayed in performing any task which at the

time of the delay is then critical, or which during the delay, becomes critical, as the

sole result of any act or omission by the City or someone acting in the City's behalf,

or by City-authorized Change Orders, unusually bad weather not reasonably

anticipatable, fire or other Acts of God, the date for achieving Substantial

Completion, or, as applicable, final completion, shall be appropriately adjusted by

the City upon the written claim of the Contractor to the City. A task is critical within

the meaning of this Subparagraph 12(f), if and only if, said task is on the critical

path of the Project schedule so that delay in performing such task will delay the

ultimate completion of the Project. Any claim for an extension of time by the

Contractor shall strictly comply with the requirements of Subparagraph 12(a)

above. If the Contractor fails to make such claims as required in this Subparagraph

12(f), any claim for an extension of time shall be waived.

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ARTICLE 16

SUBCONTRACTORS

Upon execution of this Contract, the Contractor shall identify to the City, in writing,

those parties intended as subcontractors on the Project. The City shall, in writing, state

any objections the City may have to one or more of said subcontractors. The

Contractor shall not enter into a subcontract with any intended subcontractor with

reference to whom the City objects. The Contractor shall not award work to a

subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without prior

written approval of the City. All subcontracts shall afford the Contractor rights against

the subcontractor, which corresponds, to those rights afforded to the City against the

Contractor herein. Nothing contained in this Contract shall create any contractual

relation between any subcontractor and the City.

ARTICLE 17

WAGE RATES

(a) There shall be paid to each laborer or mechanic of the Contractor or subcontractor

engaged in the work on the Project under this Contract in the trade or occupation,

an hourly wage rate pursuant to §37-13-7 of the General Laws of the State of

Rhode Island regardless of any contractual relationship which may be alleged to

exist between the Contractor or any subcontractor and such laborers and

mechanics.

(b) If, after the award of the Contract, it becomes necessary to employ any person in a

trade or occupation not classified in the contract, such person shall be paid at not

less than a rate to be determined by the same authority which established the

other wage rates for this Contract. Such approved minimum rate shall be

retroactive to the time of the initial employment of such person in such trade or

occupation. The Contractor shall notify the City of his intention to employ persons

21

in trades or occupations not classified in sufficient time for the City to obtain

approved rates for such trades or occupations.

(c) The foregoing specified wage rates are minimum rates only, and the City will not

consider any claims for additional compensation made by the Contractor because of

payment by the Contractor of any wage rate in excess of the applicable rate

contained in this Contract. The Contractor shall adjust all disputes in regard to the

payment of wages in excess of those specified in this Contract.

(d) Except as may otherwise be required by law, all claims and disputes pertaining to

the classification of labor employed on the Project under this Contract, shall be

decided by the City's governing body or other duly designated official.

ARTICLE 18

CHANGE ORDERS

One or more changes to the work within the general scope of this Contract may be

ordered by a Change Order. The Contractor shall proceed with any such changes, and

the same shall be accomplished in strict accordance with the following terms and

conditions:

(a) Change Order shall mean a written order to the Contractor executed by the City

after execution of this Contract, directing a change in the work and may include a

change in the Contract Price or the time for the Contractor's performance, or any

combination thereof;

(b) Any change in the Contract Price resulting for a Change Order shall be determined

as follows:

22

(1) By mutual agreement between the City and the Contractor as evidenced by (a)

the Change in the Contract Price being set forth in the Change Order, (b) such

change in the Contract Price, together with any conditions or requirements

relating thereto, being initialed by both parties and (c) the Contractor's

execution of the Change Order; or,

(2) If no mutual agreement occurs between the City and the Contractor, the

Change in the Contract Price, if any, shall be derived by determining the

reasonable actual costs incurred or savings achieved, resulting from revisions

in the work. Any such costs or savings shall be documented in the format and

with such content and detail as the City may require.

(c) The execution of a Change Order by the Contractor shall constitute conclusive

evidence of the Contractor's agreement to the ordered changes in the work, this

Contract as thus amended, the Contract Price and the time for performance by the

Contractor. The Contractor, by executing the Change Order, waives and forever

releases any claim against the City for additional time or compensation for matters

relating to or arising out of or resulting from the work included within or affected

by the executed Change Order.

(d) The Contractor shall notify and obtain the consent and approval of the Contractor's

surety with reference to all Change Orders if such notice, consent or approvals are

required by the City, the Contractor's surety or law. The Contractor's execution of

the Change Order shall constitute the Contractor's warranty to the City that the

surety has been notified of, and consents to, such Change Orders and the surety

shall be conclusively deemed to have been notified of such Change Order and to

have expressly consented thereto.

23

ARTICLE 19

DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

(a) In the event that the Contractor covers, conceals or obscured its work in violation

of this Contract or in violation of a directive from the City, such work shall be

uncovered and displayed for the City's inspection upon request, and shall be

reworked at no cost in time or money to the City.

(b) If any of the work is covered, concealed or obscured in a manner not covered by

Subparagraph 15(a) above, it shall, if directed by the city, be uncovered and

displayed for the City's inspection. If the uncovered work conforms strictly to this

Contract, the cost incurred by the Contractor to uncover and subsequently,

replaces such work shall be borne by the City. Otherwise, such costs shall be

borne by the Contractor.

(c) The Contractor shall, at no cost in time or money to the City, correct work rejected

by the City as defective or failing to conform to this Contract. Additionally, the

Contractor shall reimburse the City for all testing, inspection and other expenses

incurred as a result thereof;

(d) In addition to its warranty obligations set forth elsewhere herein, the Contractor

shall be specifically obligated to correct any and all defective or nonconforming

work for a period of twelve (12) months following final completion upon written

direction from the City.

(e) The City may, but in no event be required to, choose to accept defective or

nonconforming work. In such event, the Contract Price shall be reduced by the

greater of (1) the reasonable cost of removing and correcting the defective or

nonconforming work, and (2) the difference between the fair market value of the

Project as constructed and the fair market value of the project had it not been

24

constructed in a manner as to include defective or nonconforming work. If the

remaining portion of the unpaid Contract Price, if any, is insufficient to compensate

the City for the acceptance of defective or nonconforming work, the Contractor

shall, upon written demand from the City, pay the City such remaining

compensation for accepting defective or nonconforming work.

ARTICLE 20

TERMINATION BY THE CONTRACTOR

If the City repeatedly fails to perform it material obligations to the Contractor for a

period of thirty (30) days after receiving written notice from he Contractor of its intent

to terminate hereunder, the Contractor may terminate performance of his Contract by

written notice to the City. In such event, the Contractor shall be entitled to recover

from the City as though the City has terminated the Contractor's performance under

this Contract for convenience pursuant to Subparagraph 18(a) hereunder.

ARTICLE 21

CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE

(a) The City shall have the right at any time to direct the Contractor to suspend its

performance, or any designated part thereof, for any reason whatsoever, or

without reason, for a cumulative period of up to thirty (30) calendar days. If any

such suspension is directed by the City, the Contractor shall immediately comply

with same;

(b) In the event the City directs a suspension of performance under this paragraph 21,

through no fault of the contractor, the City shall pay the Contractor as full

compensation for such compensation the Contractor's reasonable cost, actually

incurred as paid, of:

25

(1) demobilization and remobilization, including such costs paid to subcontractors;

(2) preserving and protecting work in place;

(3) storage of material or equipment purchased for the Project, including

insurance thereon;

(4) Performing in a later or during a longer time frame than that contemplated by

this Contract.

ARTICLE 22

TERMINATION BY THE CITY

The City may terminate this Contract in accordance with the following terms and

conditions:

(a) The City may, for any reason whatsoever, terminate performance under this

Contract by the Contractor for convenience. The City shall give written notice of

such termination to the Contractor specifying when termination becomes effective.

The Contractor shall also terminate outstanding orders and subcontracts. The

Contractor shall settle the liabilities and claims arising out of termination of

subcontracts and orders. The City may direct the Contractor to assign the

Contractor's right, title and interest under termination orders or subcontracts to

the City or designee. The Contractor shall transfer title and deliver to the City

such completed or partially completed work and materials, equipment, parts,

fixtures, information and Contract rights as the Contractor has. When termination

for convenience, the Contractor shall be compensated as follows:

(1) The Contractor shall submit a termination claim to the City specifying the

amount due because of termination for convenience together with cost,

pricing or other data required by the City. If the Contractor fails to file a

26

termination claim within one (1) year from the effective date of termination,

the City shall pay the Contractor, an amount derived in accordance with

Subparagraph (3) below:

(2) The City and the Contractor may agree to the compensation, if any, due to

the Contractor hereunder;

(3) Absent agreement to the amount due the Contractor, the City shall pay the

Contractor the following amounts:

a) Contract prices for labor, materials, equipment and other services

accepted under this Contract;

b) Reasonable costs incurred in preparing to perform and in performing

the termination portion of the work, and in termination the Contractor's

performance, plus a fair and reasonable allowance for job-site overhead

and profit thereon (such profit shall not include anticipated profit or

consequential damages); provided however, that if it appears that the

Contractor would not have profited or would have sustained a loss if the

entire Contract would have been completed, no profit shall be allowed

or including and the amount of compensation shall be reduced to reflect

the anticipated rate of loss, if any;

c) Reasonable cost of settling and paying claims arising out of the

termination of subcontracts or orders pursuant to Subparagraph 18(a)

of this Contract. These Costs shall not include amounts paid in

accordance with other provisions hereof.

(4) The Total sum to be paid the Contractor under this Subparagraph 18(a), shall

not exceed the total Contract Price as properly adjusted, reduced by the

27

amount of payments otherwise made, and shall in no event, include

duplication of payments.

a) If the Contractor does not perform the work, or any part thereof, in a

timely manner, supply adequate labor, supervisory personnel or proper

equipment or materials, or if it fails to timely discharge its obligations for

labor, equipment, and materials, or proceeds to disobey applicable law, or

otherwise commits a violation of a material provision of this Contract, then

the City, in addition to any rights it may have against the Contractor or

others, may terminate the performance of the Contractor and assume

possession of the Project site and of all materials and equipment at the site

and may complete the work. In such case, the Contractor shall not be paid

further until the work is complete. After final completion has been achieved,

if any portion of the Contract Price, as it may be modified hereunder, remains

after the cost to the City of completing the work, including all costs and

expenses of every nature incurred, has been deducted by the City, such

remainder shall belong to the Contractor. Otherwise, the Contractor shall pay

and make whole the City for such costs. This obligation for payment shall

survive the termination of the Contract. In the event the employment of the

Contractor is terminated by the City for cause pursuant to this Subparagraph

18(b) and is subsequently determined by a Court of competent jurisdiction

that such termination was without cause, such termination shall thereupon be

deemed a Termination for Convenience under Subparagraph 18(a) and the

provision of Subparagraph 18(a) shall apply.

28

ARTICLE 23

INSURANCE

The Contractor shall carry and maintain the following insurance coverage at his own

expense:

(a) All insurance for this Contract shall be written by a company (or companies)

acceptable to the City and all policies or certificates shall be submitted to the City

for examination prior to commencement of operations by the Contractor. In the

event any policy or certificate, the amount of insurance, or company writing it, is

not satisfactory to the City, the Contractor shall secure other policies or certificates

in form and amount with a company satisfactory to the City. The Contractor shall

not permit policies to be changed, cancelled, or to lapse and all policies shall

include a clause to the effect that the policy shall not be subject to cancellation of

a reduction in the limits of liability or amounts of insurance until notice has been

sent by mail to the City stating when, (not less than thirty (30) days thereafter)

such cancellation or reduction shall be effective. All certificates of insurance shall

be delivered to the City and contain true transcripts for the policy or policies

authenticated by the proper officer of the insurer evidencing in particular, those

insured, the extent of the insurance, the location and operation to which the

insurance applies, the expiration date and the above mentioned notice as to the

location and operations involved.

If any part of the work is sublet, similar insurance shall be provided by or in behalf

of the subcontractor to cover their operations. The Contractor shall be charged

with the responsibility for insurance protection for all his subcontract operations

and should the Contractor's policy not cover each and every subcontractor,

certificates of insurance acceptable to the City covering each and every

subcontractor shall be filed with the City prior to the commencement of

subcontract operations.

29

(b) Contractor's Liability Insurance.

Liability insurance shall include all major divisions of coverage and be on a

comprehensive general liability basis including:

Premises - Operations (including X-C-U)

Independent Contractor's Protective

Products and Completed Operations

Blanket Contractual

Owned, Non-owned and Hired Motor Vehicle

Broad Form Coverage for Property Damage (inclUding explosion, collapse, and

underground)

(c) The insurance required by this Subparagraph (b) shall be written for not less that

the following, or grater if required by Law:

(1) Worker's Compensation:

a. State of Rhode Island - Statutory

b. Employer's Liability

(2) Comprehensive General Liability (including Premises Operations; Independent

Contractor's Protective; Products and Completed Operations, Broad Form

Property Damage);

a. Bodily Injury:

$1,000,000 - Each Occurrence

$1,000,000 - Annual Aggregate

b. Property Damage



30

c. Products and Completed Operations to be maintained for one (1) year

after final payment.

d. Property Damage Liability will provide X/ C/ or U coverageas applicable.

(3) Contractor's Liability:

a. Bodily Injury:

$1/000/000 - Each Occurrence

b. Property Damage:


$1/000/000 - Annual Aggregate

(4) Personal Injury, with Employment Exclusion deleted:

$1/000/000 - Annual Aggregate

(5) Comprehensive Automobile Liability:

a. Body Injury:

$500/000 - Each Occurrence


b. Property Damage:


(6) Property Insurance

The Contractor shall purchase and maintain property insurance upon the

entire Work site to the full insurable value thereof. This insurance shall

include the interests of the City, the Contractor, and Subcontractors and shall

31

insure against the perils of fire and extended coverage and shall include "ALL

RISK" insurance for physical loss or damages including, without duplication

of coverage, theft, vandalism and malicious mischief.

a) Insurance Covering Special Hazards:

Special Hazards shall be covered by rider or riders to the Public Liability

and Property Damage Insurance policy or policies herein above required

to be furnished by the Contractor or by separate policies of insurance in

the amounts stated in Paragraph 5(c).

(1) Property Damage Liability arising out of the collapse of or injury to any

building or structure due to excavation (including burrowing, filling or back

filling in connection therewith), tunneling, pile driving, cofferdam work or

caisson work; or moving, shoring, underpinning, razing, or demolition of any

bUilding or structure, or removal or rebuilding of any structural support

thereof.

(2) Property Damage Liability for injury to or destruction of property arising

directly or indirectly from blasting or explosions, however caused, other than

explosions of air or steam vessels, piping under pressure, prime movers,

machinery, or power transmitting equipment.

(3) Property Damage Liability for injury to destruction of wires, conduits, pipes,

mains, sewers, or other similar property, or any apparatus in connection

therewith below the surface of the ground arising form and during the use of

mechanical equipment for the purpose of excavating or drilling within project

limits; injury to or destruction of property at any time resulting therefrom.

(4) The Contractor shall require similar insurance in such amounts to be taken

out and maintained by each and every Subcontractor.

32

(d) "ALL RISK" Insurance:

The Contractor shall require and maintain "ALL RISK" type Builder's Insurance.

This insurance shall be in an amount equal to 100% of the insurable portion of

the Project, and shall be for the benefit of the City, the Contractor and each

Subcontractor as their interest may respectively appear.

ARTICLE 24

SURETY BONDS

The Contractor shall be licensed to do business in the State of Rhode Island and

shall furnish separate performance and payment bonds to the City. Each bond

shall set forth a penal sum in the amount of not less than the Contract Price.

Each bond furnished by the Contractor shall incorporate by reference the terms of

this Contract, as fully as through they were set forth verbatim in such bonds. In

the event the Contract Price is adjusted by Change Order executed by the

Contractor, the penal sum of both the performance bond and the payment bond

shall be deemed increased by that amount. The performance and payment bonds

furnished by the Contractor shall be in the form suitable to the City and shall be

executed by a surety, or sureties, reasonably acceptable to the City.

ARTICLE 25

PATENTS

The Contractor shall pay all applicable royalties and license fees. The Contractor

shall defend all suites or claims for infringement of any patent rights, and save the

City harmless from loss on account thereof, except that the City shall be

responsible for any such loss on when a particular process, design, or product of a

manufacturer(s) is specified. However, if the Contractor has reason to believe

that the design, process or product specified is an infringement of a patent; the

33

Contractor shall be responsible for such loss unless the Contractor promptly gives

such information to the City.

ARTICLE 26

APPRENTICES

Apprentices shall be permitted to work only under a bona fide apprenticeship

program registered with a State Apprenticeship Council, which is recognized by

the Federal Committee of Apprenticeship, United States Department of Labor; or if

no such Council exists in a State, under a program registered with the Bureau of

Apprenticeship, United States Department of Labor.

ARTICLE 27

ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any

monies due or to become due hereunder, without the written consent of the City.

In case the Contractor assigns all or any part of any monies due or to become due

under this Contract, the instrument of assignment shall contain a clause

substantially to the effect that is agreed that the right of the assignee in and to

any monies due or to become due to the Contractor shall be subject to prior

claims of all persons, firms or corporations for services rendered or materials

supplied for the performance of the work called for in this Contract.

ARTICLE 28

APPLICABLE LAW

The Law is hereby agreed to be the law of the State where the Project is situated.

34

ARTICLE 29

SUCCESSORS AND ASSIGNS

Each party binds itself, its successors, assigns, executors, administrators, or other

representatives to the other party hereto and to successors, assigns executors,

administrators or other representatives of such party in connection with all terms and

conditions of this Contract.

CITY

The City of Newport

City Hall

43 Broadway

Newport, RI 02840

By:

(Signature)


(Date of Execution)

Approved as to legal form and sufficiency:

35

CONTRACTOR

Gibson Technology, LLC

41 Fayal Lane

Middletown, RI 02842

By:

(Signature)

(Shaun Gibson, Owner)

(Date of Execution)

Joseph J. Nicholson, JR. City Solicitor


City of Newport


To:From:Date:Subject:Staff Presentation:

Mayor Stephen C. Walnk & MemrfCity CouncilEdward F. Lavallee, City ManageDecember 7, 2011Award of Bid # 12·027 -New HVAC Uuits - Easton's Beach RotundaWilliam R. Riccio, Jr., PE, Public Services Director

RECOMMENDATION:The Department ofPublic Services recommends awarding the contract associated with the New HVAC Units - Easton'sBeach to the lowest qualified bidder, Regan Heating & Air Conditioning Inc. of Providence, RI based on the submittedbid proposals for the associated work. The bid includes the removal of the existing HVAC units at the Rotunda and theinstallation of new HVAC (heating, ventilation, and air conditioning) units. Other work includes the removal andreplacement of the existing exposed gas line and upgrades to the fire alarm system that monitors the units, as specifiedby Federal, State, and local fire codes. The cost of this work will not exceed the total amount of$27,700.

BACKGROUND AND FINDINGS:The current HVAC system is no longer functional. The Rotunda is regularly used for special events, i.e. weddings andreceptions, and requires climate controls to function as such throughout the year. The City advertised for design/buildproposals for this associated work and received eight (8) proposals. The low bid is referenced above, the other bidsreceived were between $29,624 and $38,130.

A group of three City staff professionals reviewed the submitted proposals. The staff members scored each proposalbased on the following criteria and associated percentage value:

Cost of ConstructionHVAC Specifications and CompatibilityExperience With Similar ProjectsImplementation Schedule

40%30%20%10%

The City staff recommends award to the low bidder due to: the HVAC specifications proposed that will meet the needsof the facility, the capable compatibility to the facility's existing HVAC space and duct work, mechanicaVelectricalcomponents, the experience this contractor has within its field, its timely implementation schedule, and its reasonabletotal price. Regan Heating & Air Conditioning Inc., the low bidder, provides the City of Newport with the best overallvalue.

PREVIOUS LEGISLATIVE ACTIONn1a

FISCAL IMPACT~ Currently Budgeted (Account # 13·190·999·133910) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate Information


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS: Public Service advertised for design/buildproposals for repair/replace services associated withNew HVAC Units - Easton's Beach, Bid #12-027 at Easton'sBeach Rotunda Facility and sealed bids were received on22 November 2011; and

WHEREAS: The current HVAC system is no longerfunctional. The Rotunda is regularly used for specialevents, i.e. weddings and receptions, and requiresclimate controls to function as such throughout theyear; and

WHEREAS: City personnel have reviewed and ranked eight(8) submitted proposals and recommends award to thehighest ranking contractor who incorporates eachcriteria for evaluation at their bid prices for a totalnot to exceed $27,700.00.

NOW, THEREFORE, BE IT RESOLVED: that the bid of ReganHeating & Air Conditioning of Providence, RI is herebyaccepted at a total not to exceed the cost of $27,700.00and the Mayor is authorized to sign said contract onbehalf of the City, subject to favorable review by theCity Solicitor and the total project cost of $27,700.00is hereby approved.

COUNCILREAD AND PASSED


City of NewportDepartment of Public Services

280 Spring Street

Newport, Rhode Island 02840

Bid Tabulation #12-027 New HVAC Units - Easton's Beach

Closed 22 November 2011

Contractor

Regan Heating & Air Conditioning Inc. - Providence, RI

Temp Tec Mechanical - Providence, RI

GEM Mechanical Services Inc.- Lincoln, RI

Johnson Controls Inc. - Lincoln, RI

Lincoln Energy Mechanical Services - West Warwick, RI

CAM HVAC & Construction Inc. - Smithfield, RI

Donovan & Sons, Inc - Middletown, RI

Eagle Design Corp - Middletown, RI

Evaluation Score Bid Price

97.67 $ 27,700.00

93.33 $ 29,624.00

92.67 $ 30,895.00

91.67 $ 34,543.00

91.33 $ 34,500.00

86.33 $ 35,950.00

85.00 $ 35,065.00

83.67 $ 38,130.00

. NEW HVAC UNITS - EAsTON'S BEACH Bid #12-027

Li$t the Officers of y.our Corporation or Principals of your LLC or attach a similarsheet separately. Award cannot be done without the attachment

Regan Heating & Air conditioning Inc.

Complete Company Name.

335 Georgia Ave. PRovidence, RI. 02905

Address, City, Zip Code

461-8100

Telephone Number

[email protected]

Matt Regan

. Name

Terry Regan

··Name

Name

461-7910

.Fax Number

E-Mail Address

vi ce President

Title/OffIcer/Position

President

.. Title/Officer/Position

Title/Officer/Position

Name

Name

Title/Officer/Position

Title/OffIcer/Position

NOTE: Please provide any additional literature you feel may be necessary.

19


City of Newport


To:From:Date:Subject:

Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~0!Jlte City CouncilEdward F. Lavallee, City ManageVrDecember 7, 2011Rhode Island League of Cities and Towns (RILOCAT) - Municipal AggregateEnergy Supply Electricity ContractWilliam R. Riccio, Jr., PE, Public Services Director

The Department of Pnblic Services recommends approval of the Rhode Island League of Cities and Towns MunicipalAggregate Electricity Supply three (3) year agreement with Direct Energy Business, LLC (aka Direct Energy) forpurposes of providing that portion of the electric bills associated with electricity supply to all municipal facilities in theCity ofNewport. This action is eligible for approval under RIGL 45-55-13.2.


The current municipal aggregate electricity supply agreement that the City of Newport has with Nextera Energy Services(via the RI League of Cities and Towns) will expire in December, 2011. The Rhode Island League of Cities and Townsbegan a 7 month selection process (chronology attached) in order to secure a successor power supply agreement forRhode Island Energy Aggregate Program members. The RILOCT solicited proposals from energy suppliers on behalf ofits members in order to provide a mechanism for municipalities to obtain the most cost effective rate (through bulkpricing) associated with the supply component of their electricity bills. City staff met with Direct Energy representativesori October 18, 2011 and were then forwarded pricing schedules on November 6, 2011 for a 3 year fixed price program.Participation allows for an approximate 30% reduction in the existing supply rate from its current value of $0.09463 perkwh. Since actnal rates fluctuate, the following are representative of potential proposed rates over the 3 year period thatwere prepared at the time of document preparation: year 1 (0.0657) year 2 (0.0666) year 3 (0.0676.) The supply rate isone portion of the overall rate with the remaining portion coming from the delivery rate as imposed by National Gridthrough the Public Utilities Commission. Current market commodity trends indicate that pricing is at a roughly 7-8 yearmarket low.

PREVIOUS LEGISLATIVE ACTION

FISCAL IMPACT-X Currently Budgeted (Accounts: See below) Requires additional appropriation _ No Fiscal Impact

Accounts: (04-800-5100-50306) (07-800-5200-50306) (08-800-5300-50306) (09-120-8820-50306) (l0-450-250050306) (] 1-200·(] 100,lIIIl-50306) (] 1-300-1300-50306)(] 1-400·(]505,l530)-50306) (] 1-700-3103-50306)(]5-500(2200,2212,2213,2222,2223,2241 )-50306)J

SUPPORTING DOCUMENTSResolutionRILCT Selection Process ChronologyRIGL 45-55-13.2Contract Documents


THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

WHEREAS: The City of Newport participates in the RI League ofCities and Towns' (RILCT) RI Energy Aggregate Program (REAP) withNextera Energy Services in accordance with RIGL 45.55.13.2 whichexpires in December, 2011; and

WHEREAS: The RILCT has secured a new municipal energyaggregate agreement with Direct Energy Business, LLC (aka DirectEnergy) for REAP members which allows for an approximate 30%reduction in electricity supply pricing for member municipalities;

NOW THEREFORE BE IT RESOLVED: that the Newport City Councilauthorizes participation in the REAP electricity aggregate programwith Direct Energy in accordance with RIGL 45.55.13.2 andauthorizes the Mayor to sign the said contract upon review by thecity solicitor.



Rhode IslandLeague ofCities and Towns·

Chronology orSelection Processfor

REAP "Preferred Provider" Supplier

March 15,2011 Board authorizes ''preferred provider"supplier option for nextphase ofREAP

April RFP prepared

May2RFPsent to thirteen 03}power suppliers.

May 20 RFP deadline

May 24 Intetrys Energy. Constellation Energy, Direct Energy andOexaNeWEra selected as semi- finalists

June 6-7 Semi-firialists Interviews

July 15 Constellation Energy and Direct Energy chosen as finalist

August 11-12 Finalist Interviews and Negotiations

August 17 Non-binding pricing information submitted

August 23 Direct Energy chosen as REAP preferred supplier

September 1 .. Meeting with Direct Energy officials

.September 13 Board authorizes staff to finalize preparations for nelj:fphase ofREAP commencinginDecember, 2011. .

September 15 RILCT letter to REAP members informing them ofnew supplierand howPhase 4 will differ from the three prior supplier contracts

September 20 Joint RILCT/Direct Energy Press Release

September 29 Marketing Brochure distributed at Annual DiMer

October 6 . "Meet Your Slippller" meeting at the Crowne Plaza

October 6 to January 1 Open El1l'ollinent for Phase 4

0:-<1; ST:\Tli STRfiET SUITE 502 .'ROVIDENCE, llHODE ISLAND 02908 PHONE (401)2?2-3434 FAX (401) 42 I-0824

"

45-55-13.2"

TITLE 45Towns and cities

CHAPTER 45-55Award of Municipal Contracts·

SECTION 45-55"13.2

Page 10fl

§ 45-55-13.2 Exclusion of multi-cities or towns energy aggregation programs. - The provisions ofthis chapter do not apply to entities organized for the purpose ofnegotiating the purchase of electricpower pursuant to § 39-3-1.1, or energy or energy related services. Those entities are exempt from allprovisions of this chapter.History ofSection.(p.L. 1998, ch. 19, § 1.)

.. ,

http;lIwww.rilin.state.rLusIStatutes/TITLE45/45-55/45-5S-13.2.HTM. 1l/16/201l .

II DirectEnergy.l1u$l~ess .

PowerSupplyCoordination®

Service AgreementRhode Island

This Agreement is entered Into on and is between Direct Energy Business,LLC ("Direct Energy") and ("Buyer"). Direct Energy and Buyer aresometimes individually referred to herein as a "Party" or collectively as the "Parties".

1. Nature of Service:This Agreement shall become effective only upon (i) execution by Buyer of the Confirmation and thisAgreement; and (ii) the earlier of execution of this Agreement by Direct Energy or written confirmation byDirect Energy of its acceptance of the Confirmation and this Agreement to Buyer. Upon sucheffectiveness, Direct Energy will provide PSC Services and Electricity to meet Buyer's full usagerequirements at Buyer's Facility(ies) and Buyer will receive and pay for PSC Services and Electricity tomeet such usage requirements pursuant to the terms of this Agreement Direct Energy will deliver orarrange for the delivery of Electricity to the applicable meter.

2. Term:Direct Energy shall use reasonable efforts to commence service on the Facility(ies) meter read date in thestart month stated on the Pricing Attachment or Exhibit B, as applicable. However, Buyer acknowledgesthat the commencement of service hereunder is dependent upon confirmation by the Host Utility of thecompletion of all required switching and enrollment processes and if such SWitching and enrollmentprocesses occur after the Facility(ies) meter read date in the start month stated on the Pricing Attachmentor Exhibit B, as applicable. Buyer's Facility(ies) shall be enrolled at the next available meter read date.Direct Energy shall not be liable for any lost savings or lost opportunity as a result of a delay in servicecommencement and Buyer shall not be liabie for any failure to purchase from Direct Energy due to actionsor inactions of the Host Utility.

Service shall continue through the Facility(ies) meter read date in the end month or with respect toPowerPortfolio'M or PowerAdvantage'M service, until the meter read date after the expiration of theTransaction or Transaction Confirmation, if later as stated on the Pricing Attachment or Exhibit B, asapplicable (the "Term"), unJess sooner terminated as provided herein. At the end of the Term, if Buyer andDirect Energy have not entered into any written modification, amendment or renewal of this Agreementand if Buyer has not elected to obtain service from another supplier, this Agreement shall automaticallycontinue on a month-to-month basis ("Monthly Renewal") at the market-based costs as defined in theConfirmation.

3. Definitions:As used herein, unless the context clearly indicates otherwise, the following terms shall have the meaningset forth beiow:

"Actual Damages"means the total amount of the loss that the non-defaulting party (or, in the event of a terminationwithout cause, the non-terminating party) (as applicable, the "Damaged Party") would experience as aresult of termination. As to each terminated transaction, Actual Damages shall be deemed to equal:(A) wihere Direct Energy is the Damaged Party, the positive difference, if any, between the contractprice of the Electricity - as described in the Confirmation - for the remaining term of such terminatedtransaction and the market price of the Electricity for the remaining term of such terminatedtransaction, in each case as determined by Direct Energy in a commercially reasonable manner; and(B) where Buyer is the Damaged Party, the positive difference, if any, between the market price of theElectricity for the remaining term of such terminated transaction and the contract price of the Electricity- as described in the Confirmation - for the remaining term of such terminated transaction, in each caseas determined by Direct Energy in a commercially reasonable manner. For the avoidance of doubt,"contract price" shall include the PSC Services fee for purpose of the above calculations. DirectEnergy shall provide to Buyer a reasonably understandable calculation of Actual Damages, and Buyershall have the right to have that calculation reviewed and evaluated by a third party provided such third

{W2722643..1}

party agrees to keep the calculation information confidential in accordance with section 18 of theAgreement. If 8uyer disputes any portion of Direct Energy's calculation of Actual Damages, suchdispute shall be sUbject to the procedure for disputed invoices in Section 6 below.

"Ancillary Services"means wholesale electric services and products required to facilitate delivery of Energy to the HostUtility.

"Confirmation"refers to the product and pricing attachment(s) to this Agreement, which set forth a description of theEnergy product selected by Buyer, describes the pricing for such Energy product, and identifies theFacilities covered by this Agreement. For fixed price service, the Confirmation includes a Part I(Energy product description) and a Part II (Pricing Attachment), in addition to any special provisions tothe Agreement agreed to between the Parties. For PowerPortfolio" or PowerAdvantage'" service,the Confirmation includes a Part I (Product and Pricing description), together with an Exhibit A andExhibit B, in each case as defined herein. The PowerSupply Coordination Services Agreement Product Confirmation for Rhode Isiand shall contain any special provisions agreed to by the Parties.

"Distribution"means all delivery service for Energy and applicable Ancillary Services provided by the Host Utility.

"Electricity"means the combination of Energy and Ancillary Services which are provided by Direct Energy underthis Agreement.

"Energy"means electrical energy, as measured in kilowatt hours (kWh) or megawatt hours (MWh).

"Event of Default"means: (a) the failure of a Party to make, when due, any payment that is required under thisAgreement; (b) any representation or warranty made by a Party that proves to be false or misleading inany material respect; (c) the failure of a Party to perform its material obligations under this Agreement,except to the extent such failure is excused by a Force Majeure event; and (d) Buyer's failure tocooperate with Direct Energy as reasonably required in order for Direct Energy to perform itsobligations under this Agreement. If an Event of Default has occurred, (a) the non-defaulting Partyshall have the right to setoff and net against any undisputed amounts owed by the defaulting Party tothe non-defaulting Party under this Agreement, and (b) the non-defaulting Party shall additionally havethe right to setoff and net against any deposit or security provided by the defaulling Party inaccordance with Section 7 of this Agreement any amounts, charges or damages owed by defaUltingParty to the non-defaulting Party.

"Exhibit A"

applies only to PowerPortfolio" or PowerAdvantage '" service, and refers to the form of TransactionConfirmation attached to this Agreement, identified as Exhibit A, and which is used to confirmTransactions entered into under this Agreement, as described in the Confirmation.

"ExhlbltB"applies only to PowerPortfolio '" or PowerAdvantage '" service, and refers to the list of Facilitiesattached to this Agreement and identified as Exhibit B, which list specifies the Facilities covered underthe scope of this Agreement or Exhibit B, as applicable.

"Facility (Ies)"means the electric account meter(s) located at the service address(es) for which Buyer has theauthority to purchase Electricity under this Agreement and which are set forth on the PricingAttachment or Exhibit B, as applicable.

"Firm"means that Parties may only suspend performance hereunder to the extent that such performance isprevented for reasons of Force Majeure.

"Force Majeure"means any "Act of God" or other unexpected and disruptive event beyond the reasonable control ofeither Party that interferes with its ability to perform its obligations under this Agreement, except for theobligation to pay monies due. Any Party which is unable to perform its obligations hereunder as aresult of a Force Majeure event shall provide written notice to the other Party of the existence of suchevent and exercise due diligence to remove such event with all reasonable dispatch, but shall in noevent be required to incur any commercially unreasonable expense in doing so. It is expressly

{W2722643.1}

understood by the Parties that the ability of Direct Energy to sell the services provided hereunder at aprice greater than the Price paid by Buyer shall not constitute an event of Force Majeure. Conversely,the ability of Buyer to purchase the products and services provided hereunder for an amount less thanthe Price shall not constitute an event of Force Majeure. The Parties agree that Direct Energy shall notbe liable for any damages associated with any failure in the delivery of Energy in connection with thefailure of such transmission or distribution systems.

"Host Utility"means any investor-owned utility, municipal utility, public utility, or other provider of electric lines whosesystem is directly interconnected with and which provides Delivery Service to Buyer's Facility(ies).

"Polnt(s) of Delivery"shall mean the point(s) where Energy is delivered to the Buyer's Facility.

"PowerSupply Coordination (PSC) Services"are the services provided by Direct Energy to match the Facility(ies) load, as described in thisAgreement. As desclibed in the Confirmation, the fee for PSC Service (the "PSC Services fee") isincluded in the Price to be paid by Buyer.

I-Pricing Attachment"applies only to fixed price service, and refers to Part II of the Confirmation and desclibes (together withPart I) the pricing terms applicable to, and the Facilities covered by, this Agreement.

"Transaction Confirmation"applies only to PowerPortfolio1M or PowerAdvantage1M service, and is defined in Part I of theConfirmation.

4. Type of Service:Firm - subject only to Force Majeure.

5. Price:Pricing is as set forth in the Confirmation.

6. Billing and Payment:Payment of undisputed amounts is due thirty (30) days from the date of the invoice. If Buyer fails to remitthe undisputed payment as required, interest will be assessed on the late balance at the lower of one-andone-half (1.5%) percent per month or the highest rate allowed by law (the "Late Payment Rate"). Buyermay in good faith dispute any portion of an invoice by providing Direct Energy with a written explanationspecifying the amount in dispute and the reason for the dispute by the payment due date. In all cases, theParties shall use good faith efforts to resolve any dispute. In the event the Parties are unable to resolvethe dispute within ten (10) business days after receipt of written notice of a dispute, either Party may beginlegal proceedings to resolve the dispute. Any amounts determined owed, together with interest thereon asprovided above, shall be paid within three (3) business days of the date on which the dispute is resolved.

Buyer will receive from Direct Energy a monthly invoice following its meter read date for services providedunder this Agreement and the Host Utility will continue to bill Buyer directly for any transmission andDistribution charges. Buyer shall receive a separate invoice per Facility unless Buyer selects theAggregated Billing option as described in this paragraph and refiected in a "Billing Contract Informationand Selection Form." "Aggregated Billing" means that billing for Buyer's Facility(ies) may be combined intoa single monthly invoice (excepting however, that a aggregated invoice may contain no more than fifty (50)Facilities. If Buyer has more than fifty (50) Facility(ies), Buyer shall receive more than one aggregatedinvoice). if Buyer selects Aggregated Billing, Direct Energy shall choose the day of the month on which todeliver an invoice to Buyer based upon the Facility(ies) meter read dates. In the event Buyer desires todiscontinue Aggregated Billing and instead receive a separate invoice for each Facility, Buyer shall submitsuch request in writing to Direct Energy and Direct Energy shall separate Buye~s invoice provided thatthere are no outstanding invoice balance(s) on Buyer's Facility(ies).

If in any month Direct Energy does not receive the information necessary to invoice Buyer or usesinformation obtained from a third party meter reading service, Direct Energy may use estimated data or thethird party meter usage data to calculate Buyer'S invoice and, upon receipt of actual data in the case of anestimated read, reconcile the amount billed on future invoices. If Buyer's Facility(ies) have any intervalmeters, Buyer acknowledges that the usage information for such meters contained on the Direct Energyinvoice may vary from that contained upon the Host Utility bill as a result of different billing cycles beingutilized for those meter reads.

{W2722643.1)

Buyer shall have the right, not more than once per calendar year and upon reasonable advance notice,and at Its sole expense during normal working hours, to examine the reocrds of Direct Energy solely andexclusively related to Buyer to the extent reasonably necessary to verify the accuracy of any statement,charge or computation made pursuant to this Agreement. If any such examination reveals any inaccuracyin any statement, the necessary adjustments in such statement and the payments thereof shall be madepromptly and shall bear interest at the Late Payment Rate from the date the overpayment orunderpayment was made until paid. In no event shall any adjustments or ocrrections be made to anyamount billed after the lapse of the longer of twenty-four (24) months from the date of the invoice or thetime frame permitted by the Regional Transmission Operator, the Independent System Operator of theHost Utility's tariff for adjustments to consumption information.

7. Credit:Direct Energy may request that Buyer provide financial information sufficient for Direct Energy to compietea credit review prior to providing service hereunder. If, prior to commencing service or at any time duringthe Term of this Agreement, Direct Energy has good faith concerns about the creditworthiness of Buyer'sability to perform hereunder, Direct Energy may require that Buyer provide reasonable credit assurance(s),in an amount and in a form reasonably determined by Direct Energy in a commercially reasonablemanner including but not limited to, an escrow account, deposit, letter of credit, or parental guaranty.

Buyer may request that Direct Energy provide financial information sufficient for Buyer to ocmplete a creditreview prior to proViding service hereunder. If, prior to ocmmencing service or at any time during the Termof this Agreement, Buyer has good faith concerns about the creditworthiness of Direct Energy or its abilityto perform hereunder, Buyer may require that the Direct Energy provide reasonable credit assurance(s), inan amount and in a form reasonably determined by Buyer in a commercially reasonable manner inciudingbut not limited to, an escrow account, deposit, letter of credit, or parental guaranty.

8. Title, Control and Possession:Title to, ocntrol and possession of Energy shall pass from Direct Energy to Buyer at the Point of Delivery.

9. Load Change Information:In order to assist Direct Energy in providing accurate expected usage information to Buyer's Host Utility,Buyer shall timely notify Direct Energy of any anticipated significant changes in its actual usage. Withoutlimiting Buyer's obligation to provide such notice, Buyer shall give Direct Energy at least thirty (30) days'notice ("Notice of Load Change") prior to removing a Facility(ies) from service hereunder as a result ofceasing operations (closing of the Facility(ies) or sale of the Facility(ies) to an unrelated third party) at suchFacility(ies).

Except for any PowerPortfolio and PowerAdvantage Agreements, the following shall also apply:

If Buyer's monthly usage for its Facilities changes 25% or more from its average usage over the three prioryears for three consecutive months, Direct Energy may pass through the resulting ocst increases to Buyerand shall pass through any cost decreases to Buyer for that month. If Direct Energy elects to pass throughsuch cost increases or passes through such cost decreases, Direct Energy will calculate the amount ofsuch costs in a commercially reasonable manner and submit an invoice to Buyer, which invoice will be dueand payable pursuant to the payment terms of this Agreement, or in the event of a credit, will creditBuyer's next invoice.

Notwithstanding anything in this Section 9 to the contrary, if Seller has disclosed to Direct Energy prior tothis Agreement beocming effective that Buyer expects its electricity consumption to be materially affectedduring the Term of this Agreement, or any renewal thereof, then Direct Energy shall have no right topayment from Buyer for Actual Damages incurred as a result of such material changes in consumption.

10. Change In Law or RegUlation:If regUlatory changes shift costs from the Host Utility or ISO to Direct Energy or from Direct Energy to theHost Utility or iSO, then such costs or credits may be passed through to the Buyer. If any laws, orders orregulations are passed, modified, implemented or interpreted by judicial or regulatory order, administrativeproceeding or legislative enactment, or if there is a change in rate class which applies to Buyer'sFacilities, which creates additional costs not currently included in the Price or increases in the ocstcomponents of the Price ("Incremental Charges"), then Direct Energy may pass through such IncrementalCharges to be paid by Buyer in addition to the Price and in acocrdance with the payment terms in thisAgreement.

{W2722643.1}

11. Limitation of Liability Disclaimer:EXCEPT WITH RESPECT TO REMEDIES OTHERWISE SPECIFICALLY PROVIDED FOR IN THISAGREEMENT, LIABILITY IS LIMITED TO DIRECT DAMAGES AS THE SOLE AND EXCLUSIVEREMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLYWAIVED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL,CONSEQUENTIAL, PUNITIVE OR ANY BUSINESS INTERRUPTION DAMAGES. EACH PARTYAGREES THAT IT HAS A DUTY TO MITIGATE DAMAGES AND AGREES THAT IT WILL USECOMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY DAMAGES IT MAY INCUR AS ARESULT OF THE OTHER PARTY'S PERFORMANCE OR NON·PERFORMANCE OF THISAGREEMENT.

THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIALCODE SHALL APPLY TO ENERGY SOLD HEREUNDER. DIRECT ENERGY MAKES NOREPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THISAGREEMENT, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER REPRESENTATIONSAND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. Right To Rescind:If the aggregate demand at all of Buyers Facility(ies) is less than five hundred (500) kW, Buyer has untilmidnight of the third (3rd) business day following the date that Buyer executes this Agreement tocall Direct Energy at the number provided in Section 17 below and cancel (rescind) this Agreement.

13. Termination:This Agreement may be terminated at any time after the date hereof (i) by mutual consent in writing by theParties, (ii) by the non-defaulting Party if there has been an Event of Default that is not cured within fifteen(15) calendar days of the defaulting Party's receipt of written notice from the non-defaulting Party; (iii) by aParty that has not received credit assurance pursuant to Section 7 above within seven (7) days of beingrequested by the other Party; or (iv) during a Monthly Renewal pursuant to the Term, by either Party uponproviding the other Party with at least thirty (30) days prior written notice.

Buyer acknowledges that upon termination of Service under this Agreement, provided Buyer has notselected another supplier, Buyer will be returned to the basic service (default service) provided by the HostUtility.

14. Effect of Termination:In the event of termination as provided in this Agreement, all further obligations of the Parties under thisAgreement shall terminate without further liability of the Parties, except for the payment by the owing Partyof any sums due and owing to the other Party for services rendered prior to the termination date, ActualDamages (in the event of termination under subsection (ii) or (iii) of Section 13 above), any indemnificationor confidentiality obligation of either Party which has arisen hereunder and any other obligation hereunderwhich by its nature survives the termination of this Agreement.

15. Applicable Law:As to all matters of construction and interpretation, this Agreement shall be construed, interpreted, andgoverned under and by the laws of the State of Rhode Island, without regard to its choice of lawprovisions.

16. Parties, Assignment:This Agreement shall inure to and benefit the Parties hereto and their permitted successors and assigns.Neither Party may assign this Agreement without the prior written consent of the other Party, whichconsent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, DirectEnergy may, without the consent of Buyer, assign this Agreement and its rights and obligations hereunderto any third party for the limited purpose of securing credit and financing or to any person or entitysucceeding to all or substantially all of the assets of Direct Energy. Further, either Party may, without theneed for consent from the other Party transfer or assign this Agreement to an Affiliate of such Partyprovided that such Affiliate has equivalent financial capability to that of the assigning Party and agrees tobe bound by the terms and conditions hereof. Direct Energy and Buyer agree to execute any documents

{W2722843.1}

reasonably necessary to effectuate such assignment. As used herein, "Affiliate" shall mean with respect toany person, any other person (other than an individual) that, directly or indirectly, through one or moreintermediaries, controls, or is controlled by, or is under common control with, such person. For purposes ofthe foregoing definitions, "control" means the direct or indirect ownership of more than fifty percent (50%)of the outstanding capital stock or other equity interests having ordinary voting power.

17. Notices and Correspondence:Except for when the Parties are effectuating a Transaction or Transaction Confirmation, any notice or otherdocument to be given or served hereunder or under any document or instrument executed pursuanthereto, including without limitation any termination or disconnection notices, shall be In writing and shall bedelivered to either the address specified below or to such other address as is acceptable to the Parties forthe receipt of such notices. Notice sent by facsimile or other electronic means shall be deemed to havebeen received by the close of the business day on which it was transmitted or such earlier time as isconfirmed by the receiving Party. Notice delivered by courier shall be deemed to have been received onthe business day after it was sent or such earlier time as is confirmed by the receiving Party. Noticedelivered by mail shall be deemed to have been received at the end of the third business day after thedate of mailing by prepaid first class mail, except that when there is a strike affecting delivery of mail, allnotices shall be delivered by overnight delivery service and shall be deemed received by the close ofbusiness on the day such service confirms delivery.

Direct EnergyAttn: Customer Service Manager

1001 Liberty AvenuePittsburgh, PA 15222Phone: (888) 925-9115Fax: (866) 421-0257Email: [email protected]

Monday through Thursday from 7:00AM to7:00PM Eastern Time and Friday 7:00AM to6:00PM Eastern Time

[BUYER]Attn: "FirstName» "MiddleName»«LastName»«Line1»«Line2»"City», "State» «PostaICode»Phone: «PhoneNumber»Fax: «FaxNumber»

18. Confidentiality:Neither Party will disclose the terms of this Agreement, or any information of the other Party which it knowsor reasonably should know to be confidential or proprietary (other than to the Rhode Island League ofCities and Towns and that Party's employees, lenders, counsel, consultants, agents or aocountants whohave agreed to keep such terms confidential) except to the extent that disclosure is othelWise required bylaw, is required to carry out the terms of this Agreement or is made with the prior written consent of theother Party. Direct Energy agrees that such confidential treatment shall extend to Buyer's usage andconsumption data which is not otherwise in the public domain. The parties shall be entitled to all remediesavailable at iaw or in equity to enforce, or seek relief in connection with this confidentiality obligation. Thisprovision shall survive the termination of this Agreement for a period of two (2) years.

19. Representations and Warranties:As a material inducement to entering into this Agreement, each party, with respect to itself, herebyrepresents and warrants to the other Party as follows:

(a) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of itsformation and is qualified to conduct its business in those jurisdictions necessary to perform thisAgreement;

(b) the execution and delivery of this Agreement are within its powers, have been duly authorized by allnecessary actions and/or board approvals, and do not violate any of the terms or conditions in itsgoverning documents or any contract to which it is a Party or any iaw applicable to it;

{W2722643.1}

(c) as of the date of service commencement hereunder, it shall have all regulatory authorizationsnecessary for it to legally perform its obligations;

(d) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable against itin accordance with its terms, SUbject to bankruptcy, insolvency, reorganization, and other laws affectingcreditors' rights generally and with regard to equitable remedies, subject to the discretion of the courtbefore which proceedings to obtain same may be pending;

(e) there are no bankruptcy, insolvency, reorganization, receivership or other similar proceedingspending or being contemplated by it or, to its knowledge, threatened against it;

(I) if a broker or other intermediary has been involved in this transaction, such broker or intermediary isan agent of Buyer in this transaction and may receive a commission to be paid by Direct Energy frompayments received from Buyer under this Agreement;

(g) if it is a property management company acting on behalf of the owner of the Facility(ies), it has theauthority to execute and bind the Facility(ies) to this Agreement for the Term stated in the PricingAttachment or Exhibit B, as applicable, and that the term of its property management agreement withthe owner of the Facility(ies) is equal to or greater than the Term of this Agreement;

(h) the Facility(ies) to be proVided the services described herein are not contractually bound by anotheragreement for Electricity services that will overlap with the Term stated in the Pricing Attachment orExhibit B, as applicable; and

(i) Buyer and Direct Energy confirm that prior to execution of this Agreement they have discussedBuyer's expected electricity consumption at the Facilities, including but not limited to any plans Buyermay have that would materially affect its electricity consumption during the Term of this Agreement orany renewal thereof.

Each party covenants that it shall cause its respective representations and warranties to remain true andcorrect throughout the Term of this Agreement.

20. Waiver:No waiver by either party of any defauit by the other Party under this Agreement shall operate as a waiverof any future default, whether of a like or different character or nature. No delay or failure by Direct Energyin enforcing any part of this Agreement shall be deemed a waiver of any of its rights or remedies.

21. Severability:The various provisions of this Agreement are severable. The invalidity, illegality or unenforceability of anyportion or provision shall not affect the validity, legality or enforceability of any other portion or provision ofthis Agreement.

22. Entire Agreement:This Agreement and the Confirmation contain the entire understanding of the parties with respect to thesubject matter contained herein. There are no promises, covenants or understanding other than thoseexpressly set forth herein. This Agreement may only be amended by a written instrument executed by bothParties.

23. Counterparts:This Agreement may be executed in one or more counterparts and each executed counterpart shall beconsidered an original, provided that such counterpart is delivered to the other Party by facsimile, mail,courier or electronic mail, all of which together shall constitute one and the same Agreement.

24. Legal Counsel:

Buyer acknowledges that it has read and understands this Agreement and the Confirmation and has had

(W2722643,1)

the opportunity to review the same with its attorney before signing below.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed.

DIRECT ENERGY BUSINESS, LLC

By:Print Name:

Title:Date:

(W2722643.1)

[BUYER!

By:Print Name:Tille:

Date:

II DirectEnergy;.I!u$ln~s$ . .

PowerSupplyCoordlnatlon®

Service AgreementProduct Confirmation for

Rhode Island Fixed AIProduct

This Confirmation Is an integral part of the Agreement to which it Is attached. Capitalized terms notdefined in the Confirmation have the meaning referenced elsewhere In the Agreement.

Part I • Product and Pricing Description

The price per kWh to be paid by Buyer for the services provided hereunder during the Term of thisAgreement (the "Price") shall be that set forth on the Pricing Attachment The Price includes applicablecosts for Energy; Ancillary Services; renewable energy costs as required; losses; all costs associatedwith Direct Energy's obligation to provide capacity as applicable by the ISO New England ("InstalledCapacity Costs"); all congestion charges, if applicable; and the PSC Services fee. Any sales taxes,transactional taxes or other governmental or regulatory imposed taxes or surcharges to which Buyer maybe subject, are not included in the Price and shall be passed through without markup to be paid by Buyerin addition to the Price. The Price does not include any transmission and Distribution charges for servicesprovided by the Host Utility.

The price per kWh during any Monthly Renewal will include the market-based costs for Energy asdetermined by Direct Energy, plus all other taxes, costs, charges or fees which are set forth in thisConfirmation.

Buyer acknowiedges that any costs assessed by the Host Utility or any third party as a result of Buyer'sswitch to or from Direct Energy, including but not limited to switching costs, are not included in the Priceand shall be the responsibility of Buyer.

Part II • Pricing Attachment

The Pricing Attachment for the Energy product described in Part I above is attached to, and is made a partof, this Confirmation. Buyer's execution of the Pricing Attachment shall constitute execution of theConfirmation.

Special Provisions applicable to this Confirmation:None..

{W2722645.1}

Notice: Buyer's execution and submission of this Pricing Attachment to DirectEnergy shall constitute an offer by Buyer to Direct Energy to purchase Electricity on

the terms set forth in the Agreement. The Agreement (including this PricingAttachment) shall become effective only upon (i) such execution by Buyer of the

Pricing Attachment and the Agreement; and (ii) the earlier of execution of theAgreement by Direct Energy or written confirmation by Direct Energy of its

acceptance of the Agreement to Buyer.

PRICING ATTACHMENT TO POWERSUPPLY COORDINATION SERVICESAGREEMENT

dated «$ReturnedDate2» betweenDIRECT ENERGY BUSINESS LLC

and«$CustomerName1»

from the meter read(s) «$ReturnedDate3» to the meter read(s) «$ReturnedDate4»«Name»

Location

«Line1»( «Name» )

Host Utility Account Number Utility Rate Class Price Historical(cents/kWh) Annual

Usage

«UtilityName» «LDCAccountNum» «RateClassCode» «format- «format-numberO» numberO»

This Attachment is based on a WeightedAverage Price. Any strikeouts of any of the

accounts provided With a Weighted AveragePrice will render pricing for the accounts

assigned with a Weighted Average Price, nulland void.

Accepted and Agreed toon behalf of DirectEnergy:

By: Date: _

{W2722647.1}


City of Newport



Staff Presentation:

RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~~he City CouncilEdward F. Lavallee, City Manager.r30 November 2011Regional Expenditures of Remaining 2009 Assistance to Firefighters GrantFnnds - Fire Prevention Education EquipmentPeter D. Connerton Sr., Fire Chief

The Fire Department recommends that the Council authorize the purchase of a new Sparky Fire Safety Robot, theAnimated Sparky the Fire Dog Costume, (4) ZVW 515 Smoke Makers, and the required Zero Visibility MAX SmokeFluid in the total amouut of $19,299.50. These items would be used locally and regionally to deliver Fire Preveutionpresentations to our communities.


The regional Fire Safety Trailer and the Sparky Fire Safety Robot purchased through the 2003 AFG Graut are no longerin service, and beyond repair. Without these items our ability to maintain our Fire Prevention program is greatlydiminished. The Sparky Fire Safety Robot, costume and accessories are a sole source purchase and the associateddocumentation from Robotronics is attached. Robotronics has provided a quote in the amount of $14,822.50; quoteswere obtained for the associated smoke equipment and the low bid price is $4,477.00, resulting in a total cost of$19,299.50.

On behalf of the Regional Grant partners (Newport, Middletown, Portsmouth, and Little Compton) I submitted a requestto FEMA to expend a portion of the excess 2009 AFG funds for the above mentioned items and it was approved. Thecost to the City would be $964.98.


FISCAL IMPACT..lL Currently Budgeted (Account 11·300·1301-50275) _ Requires additional appropriation _No Fiscal Impact

SUPPORTING DOCUMENTSResolutionSparky the Fire Dog sole source documentation and quote for Robot and CostumeQuote for (4) ZVW5l5 Smoke Maker's and fluid

Finance Dept Review: Date By: ----,-- (if applicable)

CITY OF NEWPORT

RESOLUTION

OF

THE COUNCIL

NO.

WHEREAS, the Regional Fire Department Grant Partner's (Newport,Middletown, Portsmouth, and Little Compton) Fire LifeSafety Trailer and Sparky the Fire Dog Robot are nolonger in service and beyond repair; and

WHEREAS, the loss of these educational aides has greatly reducedthe ability of the Regional Fire Department GrantPartners to deliver their Fire Prevention Programs; and

WHEREAS, there are excess funds available through the 2009Assistance to Firefighters Grant that could be utilizedfor Fire Prevention purposes; and

WHEREAS, the Regional Fire Department Grant Partners haveapplied for and have been granted authorization by FEMAto purchase a new Sparky & Pumper Super Motors Package,the Animated Sparky the Fire Dog Costume at a cost of$14,822.50, and (4)ZVW515 Smoke Makers (with fluid) ata cost of $4,477.00 for a cost of $19,299.50; and

WHEREAS, the acquisition of these educational tools will greatlyassist in restoring the Regional Fire Department GrantPartner's ability to convey their Fire Life Safetymessage; and

WHEREAS, the City of Newport's 20% match cost for the purchaseof the equipment will be $964.98. NOW THEREFORE BE IT

RESOLVED: that the City of Newport approves the purchase of theaforementioned equipment, for a total price not toexceed $19,299.50, and the Mayor is authorized to signthe required documents for same on behalf of the City,subject to favorable review by the City Solicitor.

IN COUNCIL

READ AND PASSED


, Tltt' Leuder In Suyt'ty Education Products

SOLE SOURCE DOCUMENTATIONRolJotronlcs is the world's foremost promotional and eaubationid robot and costume manufacturer. At thepresent, we .have over six thousand robots and 'thousands of costumes In use around tha world.Roj:)otrorilcs .is considered the Sole Sourl;:e m,ar)IJfacturer and dlst(iputor of. the Animated SparkyCostume'M and RObot. We continue to be the .I&ader in promotional and safety.ed'ubation robots andcostumes based on saleS and repulation. Our robots and costumes are dlstlnollve. beoause of their uniqueInd.uslrlal-gra(j!i construction, microprocessor-based functionality, durability, and because they are easllyrecoghi~ed as realistic, life-like, attracliVil and friendly characters. No other similar products aremanufactured or exist.

We currently ho]d eltchlslve licenses to produce the following:

• McGru/J thE! Crime Dogn and Scruftn robots, costumes ang puppets, liCensed by the NCPO(National Crime PreVention Council)

• Sparky the Fire Dog@robots costumes and. puppets, licensed by the NFPA (Natlal1al FireProteoli,on AssOcll!tlon)

• Smokey 6ear™ robolsand PQstUl11es, lIcensed by the USFS (USDA Forest SeiVlce)• Eddie E!\g!e™ costume, Ijcensed by the NRA (Nation$1 Rille Association, Eddie Eagle Gun

Safety© Program)• Daren the DAR.E. LiOh robols, costumes and puppels, licensed by DAR.E. America

1610 West 1,600 South. Spl'lngvill •. lJT 84663-3057 • (801') 40~-4466 • Fax (801) 48Q-8241

LA"'"

Robotronics Proposal/Order FormTHIS IS A PROPOSAL OR AN ORDER; NOT AN INVOiCE ORDER NUMBER'

1610 WesU60ll So~thSprln8ll1lle, Utah 84669'3057 801-489-4466 toll free SOO-76;1-6876 fa.801-489-8241

BILL TO:

ATTN;'

TITLE'

COMPANVL

TEL'#;

FAK#:

ADDRESS:

EMAIL:

TOOM'S DAte:

PURCHASE ORDEIl #:

,SHIP VIA:pROPOSALBYi

10}12/11

GrounMreight

Phil Weeks

SHIP TO: (If DIHe: enl f: am Billing Address)

ATtN:

TinE;

COMPANY;

TEL #

,AO,DR~SS:'

ADDRESS:

~MAIL;

DATE ORDER NEEDED:

QW ITEM II DESCRIPTION PRICE/ITEM TOl AL

OTHER:

1i1

111

1

1

1

1

:(00289580061

580028,41Q086

580077450ioq461010580096461001

451002451004451005451006Disco~nt

Robot Voice Modifier

Vehicle Water Sq~irter

SafE\lY Roc~C,D

Integrated MP3 Player w/SD,Storage card ,& SE

Costume Voice Modifier

Deluxe Costume Carrying Case

kool Down ki,t

(includes 451002, 451004; 451005. 4510,06)

KoldVest w/lnserts

Kold Kpllar

Insulated Travei Bag

MP3 Player Discount

$9,583,QO

$17.50$256.00

$3,394.00$304:00

$270.00$2084.00

$9,58$'.00$284,00$2,56.00$17.50

$258.00$3,394.00

'$304.00$270.00

-$258,·00

ThiS Proposal 111111 ,be valid'fO'r 90 Days from date specified above, . SUBTOTAL

SHIPPINC;

TOTAL

$430.00$14,822.50

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City ofNewport


Mayor Stephen C. Waluk & Membmf.!he City CouncilEdward F. LavaUee, City Managerrj/

24-Hour Residential Sticker Parking Petition - School Street, Church Street toMary Street

Staff Presentation:

RECOMMENDATION:

The petition for 24-hour residential sticker parking is attached for the Council's consideration. The petition meets therequirement of a minimum of 65% of the resident households; however, the Interdepartmental Traffic Connnittee doesnot recommend an amendment to the existing ordinances.


On July 18, 2011, a petition from the residents of School Street, between Church and Mary Streets, was receivedrequesting the implementation of residential sticker parking 24 hours a day. The petition was forwarded to theEngineering Division of the Public Services Department for review. The Engineering Division has advised that thenumber of resident households represented on the petition meets the minimum 65% required by City ordinance.

The petition was forwarded to the Interdepartmental Traffic Committee (ITC) for review and reconnnendation.Attached is a memorandum from the City Engineer advising that the ITC has reviewed the petition and that the ITC doesnot recommend the requested change to the existing residential parking restrictions based on the observations of the ITCas listed therein.


FISCAL IMPACT

_ Currently Budgeted (Account ~) _ Requires additional appropriation l No Fiscal Impact

SUPPORTING DOCUMENTSOrdinanceITC RecommendationPetition for Designation of 24-hour Residential Sticker Parking dated July 18, 20 I ICorrespondence from Engineering Division advising that the 65% minimum requirement has been met

Finance Dept Review: Date By: ---- (if applicable)

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO 0 _

AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIEDORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF1994, AS AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."


SECTION 1. Chapter 10.32 of the Codified Ordinances of theCity of Newport, Revision of 1994, as amended, entitled"Residential Parking Program," is hereby further amendedas follows:

10.32.110 Designated Residential Parking Streets.

A. The following streets are designated asresidential parking streets, daily, during thehours of six p.m. to six a.m.:

DELETE: "School Street, Monday to (andincluding) Friday (See Paragraph C)."

ADD IN LIEU THEREOF THE FOLLOWING:

"School Street,Street, MondayParagraph C) ."

betweento (and

Mary Street andincluding) Friday

Touro(See

C. The followings streetsResidential parking,hours a day.

shall be designated fordaily, twenty-four (24)

DELETE: "School Street, from six a.m. Saturdayuntil six a.m. Monday."

ADD IN LIEU THEREOF THE FOLLOWING:

"School Street, between Mary Street and TouroStreet, from six a.m. Saturday until six a.m.Monday."

CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO."':"(P:::-a-g-e--::2~)-

ADD: "School Street, between Church Street and MaryStreet."

SECTION 2. This ordinance shall takepassage and all ordinances or partsinconsistent herewith are hereby repealed.

IN COUNCIL

READ AND PASSED


effectof

upon itsordinances

City Of NewportDepartment of Public Services280 Spring StreetNewport, RI 02840

MEMORANDUM

TO: Edward F. LavalleeCity Manager

FROM: Eric J. Earls, PECity Engineer

DATE: November 30,2011

RE: ITC Review - School Street, from Church Street to Mary Street24-hour Residential Sticker Parking Petition

School Street, from Church Street to Mary Street, 24-hour Residential Sticker Parking Petition,reviewed at the ITC meeting ofNovember 15, 2011.

The members of the ITC observed the following:• Most of the properties on this roadway have adequate off-street parking• The current residential parking regulations require residential parking stickers:

o daily, during the hours of six p.m. to six a.m., and;o from six a.m. Saturday until six a.m. Monday

• The former Child and Family Service building is located on this roadway and wouldeffectively be without any parking if the residential requirement were increased to24-hour every day.

Based on these observations the ITC does not recommend revising the current residentialparking restrictions.

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PETITION FOR DESIGNATION OF C'hucLh cnlyRESIDENTIAL PARKING STREET

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AFFIDAVIT

Note: To be filled in by person who secured the signatures on thispetition form and to be sworn to before a notary pUblic. Failure to do sorenders thisforrn null and void.

. I, .~M_.e~<) 15. ~({~fi.2:.;c[LI ,of 1 4 ,;socit: C (:5:.,L1"uf ,under oath make affidavit and say t~t the signers of the within petitiondid so sign the same in my presence.

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Nota ublic Signature I /Commission expires: 1 1.( it

Subscribed and sworn to before me thisJIENNlffiR C.I'RATfNotalY Public 10: 60976My Commission Expires 91412011

STATE OF RHODE ISLAND

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PETITION FOR DES!GNATION OF ~'_\WCLh Ct\~Lt',RESIDENTIAL PARKING STREET-'O-V l--{&<.-/ - (to-f

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TO: Newport City Clerk

FROM: Marilyn McCarthy49 School Street

DATE: June 19,2011

,:--'-==-~

Ri:CEiVED

lUl 1 H2011Cll:y Manager's Offk:1I

1-""""='~"""""'''''''''';--"'''''''/:o'Ol:'.ur.~

RE: Petition for Designation of Residential Parking Street

Petition for 24 Hour Restricted Parking for School Street between Church Street and MaryStreet.

There are twelve signatures for residents of School Street. There are two tenants, Selina Muralloat 29 School and Susan Lutes at 40 School Street. Attached is a lease for Ms. Murallo and anelectric bill for Ms. Lutes.

I have renumbered the page connecting spouses who both signed to show them as one household.One signer has moved. I have deleted him from the list. (#6)

Mr. Brian Delaney signed on a copy of a petition I had left at his condo informing him oftheeffort It was signed in my presence and it is attached.

There is a change in ownership for 49 School Street. It is no longer owned by Poste Restante,Inc. The current owners are Gilbert C. Brunnhoeffer and Marilyn G. McCarthy. This propertyis incorrectly listed as a two family resident. It is single family.

Two years ago, a petition was submitted for all of School Street, which had some irregularities.We were told by City Council to resubmit. We believe we have met all the criteria for therequest. Of 15 residents, we have II signatures. Two units at 41 School are not occupied at thistime.


City of Newport



RECOMMENDATION:

Mayor Stephen Waluk & M.ember~he City CouncilEdward F. Lavallee, City Manage VDecember 2, 2011Purchase and Sale (P&S) Agreement - Former Carey School PropertyPaige R. Bronk, Director of Planning & Development Department

Approve Purchase and Sale (P&S) Agreement between Arch Street Development LLC, and the City of Newport for theCity-owned property located at 32 Carey Street (Plat 40, Lot 15-4), formerly known as the Carey School.

BACKGROUND AN]) FINDINGS:

The former Carey School property was relinquished by the School Department to the City of Newport for disposition.The property (Plat 40, Lot 15-4) is located on a 0.75 acre lot located between Carey Street and Narragansett Avenue, ThePlanning & Development Department developed an RFP, conducted an appraisal, solicited proposals for theredevelopment of the property, and reviewed the submittals. The RFP was advertised in the Newport Daily News,Providence Journal, New England Real Estate Journal and the City ofNewport website.

The City Council has been presented the development proposal from Arch Street Development LLC. The proposal bestaddressed the criteria listed in the RFP and would best serve the interests of the City of Newport. The CityAdministration was directed to [malize a Purchase and Sales Agreement for Council approval.


FISCAL IMPACT_ Currently Budgeted (Account --') _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionPurchase and Sale Agreement


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS: the former Carey School property (Plat 40,Lot 15-4) was relinquished by the School Department fordisposition and redevelopment, and

WHEREAS: the Planning and Development Departmentdeveloped and issued an RFP, met with developers, andreviewed proposals, and

WHEREAS: the City Council reviewed the developmentproposal submitted by Arch Street Development LLC, and

WHEREAS: the City Council directed the Administrationto finalize a Purchase and Sale (P&S) Agreement for theirreview and approval, and NOW THEREFORE, BE IT

RESOLVED: the City of Newport approves the Purchaseand Sale (P&S) Agreement between Arch StreetDevelopment LLC. and the City of Newport for the cityowned property located at 32 Carey Street (Plat 40, Lot 154), formerly known as the Carey School.



" .'"

REAL ESTATE PURCHASE AND SALE AGREEMENT

THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made andentered into as of this~ day ofNovember, 2011 by and between the CITY OF NEWPORT,a municipal corporation organized and existing under the laws of the State of Rhode Island (the"Seller") and ARCH STREET DEVELOPMENT LLC, a Massachusetts Limited LiabilityCompany authorized to do business in the State of Rhode Island with its principal place ofbusiness located at 112 Water Street, Suite 600, Boston, Massachusetts 02109 (the "Buyer").

WITNESSETH

WHEREAS, Seller is the owner of certain property located at 32 Carey Street, Newport,Rhode Island (the "Property"); and

WHEREAS, Seller has accepted Buyer's offer to purchase the aforesaid Property anddesires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller;

NOW THEREFORE, in consideration of the premises and of the agreements andcovenants contained herein, the parties agree as follows:

SECTION 1 - Property to be Purchased by Buyer

Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from Seller, uponthe terms and conditions hereinafter set forth, all of Seller's right, title and interest in that certainreal estate located at 32 Carey Street in the City and County ofNewport, Rhode Island andfurther designated as Lot 15-4 on Newport Tax Assessor's Plat 40 as presently constituted, beingthe location known as Carey School, together with all Seller's right, title and interest in and to allbuildings, structures, fixtures and improvements situated on the aforesaid real estate (hereinafterthe aforesaid real estate and buildings, structures, fixtures and improvements collectively referredto as the "Premises") and all easements, rights ofway, licenses, privileges and appurtenances, ifany, inuring to the benefit of the Premises.

SECTION 2 - Payment of Purchase Price

2.01 The purchase price to be paid by Buyer for the Premises shall be Seven HundredThirty-five Thousand and 00/100 ($735,000.00), subject to the adjustments and prorationshereinafter described.

2.02. The Purchase Price shall be paid as follows:

a) The sum of $5,000.00 (the "deposit") shall be paid upon the execution of thisAgreement to the Seller; and

S:\KDunn\Purchase & Sale Agreements\Arch Development PSA -1-

'.

b) The sum of$34,250.00 shall be paid ten (10) days from the expiration of theappeal period for any zoning relief required.

c) The balance ofthe Purchase Price in the amount of $695,750.00 shall be paid bycertified check, bank check or wire transfer at the Closing, hereinafter defined.Notwithstanding the above, however, the amounts to be paid to Seller shall bereduced by the net closing adjustments, if any.

2.03 The deposit shall be held in an interest bearing account in Newport, Rhode Islandunder the control of the City of Newport and shall be duly accounted for as provided in thisAgreement. Notwithstanding anything to the contrary in this Agreement, except a) payment ofthe Deposit and interest thereon to Buyer upon termination of this Agreement by Buyer or b)payment of the deposit and interest thereon to Seller upon the delivery and record of the Deed.

SECTION 3 - Contingencies

3.01 This Agreement is contingent upon the Buyer's appraiser appraising the Property at$735,000.00 within thirty (30) days of this Agreement.

3.02 This Agreement is contingent upon the Buyer's ability to redevelop the property intothirteen (13) residential condominium units, which includes but is not limited to the Buyerobtaining all zoning and variance relief necessary for the conversion of the Property into thirteen(13) residential units with a variance for parking from the Zoning Board of Review of the City ofNewport and any and all other relief deemed necessary for the development of this project, asshown and set forth on the site plan attached hereto.

SECTION 4 - Permitted Encumbrances: Deeds

At the closing, Seller shall convey the Premises to Buyer or Buyer's nominee by a goodand sufficient Warranty Deed in statutory form (hereinafter referred to as the "Deed") conveyinggood, marketable, record and insurable fee simple title, free and clear from all liens andencumbrances whatsoever, excepting only: a) easements, encumbrances and restrictions ofrecordreasonably acceptable to Buyer; b) provisions of existing building, zoning and subdivision laws;and c) betterment and other assessments, which assessments shall be adjusted as hereinafterprovided (hereinafter collectively referred to as the "Permitted Encumbrances"). Buyer shallobtain, at its sole expense, within forty-five (45) days of the date hereof, a commitment for titleinsurance (the "Commitment") for the Premises, a copy of which shall be furnished to Seller.Buyer shall immediately determine whether Seller has good and marketable record title in feesimple to the Premises, subject only to Permitted Encumbrances. Ifwritten objection to title ismade by Buyer within forty-five (45) days hereof, Seller shall use Seller's best efforts to seek to


cure all such title defects at Seller's sole cost and expense. If such defect(s) is or are not cured bySeller or waived by Buyer within forty-five (45) days after the date of receipt by Seller of writtennotice of Buyer's objection to title as herein above provided, Buyer may tenninate thisAgreement without incurring any liability whatsoever, whereupon the Deposit shall be promptlyrefunded and this Agreement shall be null and void and of no further force and effect. In theevent any lien is filed, or encumbrances, or any defect or cloud of title arises against the Premisesfrom and after the date of the Commitment through the Closing, Seller shall, at its sole cost andexpense, take appropriate action to ensure that any such lien, encumbrances of any defect orcloud is released or satisfactorily discharged to insure that the title policy to be issued to Buyer atthe Closing shall be pursuant to the Commitment for the Premises and the Closing Date shall beextended for up to thirty (30) days to allow for any such action by Seller.

,SECTION 5 - Closing Date

5.01 Unless some other time and place shall be mutually agreed upon in writing,conveyance of title to the Premises and payment of the unpaid portion of the Purchase Price (the"Closing") shall take place at the later of thirty (30) days after the recording of a favorabledecision for the contingent zoning relief or ninety (90) days after signing of this Purchase andSale Agreement at the Law Offices of Miller Scott & Holbrook, 122 Touro Street, Newport,Rhode Island, or elsewhere as mutually agreed to by the parties hereto. Upon the payment of anadditional deposit of $5,000.00, the closing date may be extended for an additional forty-five

. (45) days.

5.02 Effective with the delivery of the Deed, beneficial ownership and the risk ofloss ofthe Premises shall pass from Seller to Buyer.

SECTION 6. Purchase Money Financing

This Agreement is subject to the ability of the Buyer to obtain financing in the amount of$588,000.00 upon tenns and conditions acceptable to the Buyer.

SECTION 7. Adjustments

The following are to be apportioned at the Closing, such apportionment to be through theclosing date as follows:

7.01 Electricity, gas and other utility charges for periods prior to the Closing Date shall bepaid by Seller upon readings (obtained by Seller and furnished at the Closing) made on orimmediately prior to the Closing Date; provided, however, that Buyer shall be responsible toarrange for the transfer and continuance of such utility services in Buyer's name after the ClosingDate.

7.02 Real estate taxes assessed against the Premises as of December 31, 2010 are to be

S:\KDunn\Purchase & Sale Agrecments\Arch Development PSA -3-

pro-rated on a fiscal year basis, the Seller paying pro-rata for the period from such date ofassessment to the date of closing and the Buyer paying or assuming the balance of the taxes,provided, however, that Seller agrees that the proration shall be based upon an assessment not toexceed what is being paid for the property and that the assessed value as ofDecember 31,2011shall not exceed $735,000.00.

7.03 Any betterment or other assessments constituting a lien on the Premises which arepayable over a period ofmore than one year shall be apportioned in such manner that Seller shallpay all installments due through the December 31Sl immediately preceding the Closing Date andany such instalhnent due thereafter for the calendar year in which the Closing is held shall beapportioned in the same manner as above provided for taxes and Buyer shall payor assume thebalance of all such assessments.

SECTION 8 - Access to Premises

Buyer or Buyer's agents or representatives shall have the right at all reasonable times toenter upon the premises to inspect the premises as contemplated by this Agreement, and to enterthe premises for all other reasons necessary to consummate this Agreement, including compliancewith the State of Rhode Island Environmental Laws and Regulations, and for any reasonpertaining to the proposed development or financing of the Premises. Buyer hereby releasesSeller and its agents and agrees to indemnify and hold harmless Seller from any against any andall claims, cost, liabilities and expenses which Seller incurs arising out of the entry upon thePremises by the Buyer or its agents as contemplated by this Agreement. The provisions of thisSection 6 shall survive the Closing.

SECTION 9 - Default

If Buyer shall default in the performance ofBuyer's obligations hereunder, Seller shallhave the right to terminate this Agreement and retain the deposit and all interest eamed thereon asliquidated damages or, in the alternative, to pursue specific performance of this Agreement.

If the Seller shall default in the performance of this agreement, the deposit and all interesteamed thereon shall be promptly returned to the Buyer, and Buyer may pursue any and allremedies available to it at law or equity, including, but not limited to specific performance.

SECTION 10 - Condition of tile Premises

At the closing, the Premises shall be in the same condition as at the time of execution ofthis Agreement, reasonable wear and tear expected. The Premises are being sold in an "as is"condition with no representations or warranties as to its condition. Buyer agrees to assumeresponsibility for the full contents of the building at the time of closing.

S:\KDunn\Purchasc & Sale Agreements\Arch Development PSA -4-

, . , '

SECTION 11 - Brokerage

Buyer and Seller represent to each other that there is no broker involved in this transactionand therefor no person who can claim a commission, finders fee or other compensation inconnection with the execution of this Agreement. Each party agrees to indemnifY the other onaccount of any claim of a commission, finder's fee or other compensation by any third party,

SECTION 12 - Casualty and Fire Insurance

Seller will maintain in full force and existence the casualty and fire insurance that nowexists on the Premises in the amount of $735,000.00. Seller agrees that the insurance shall bekept in full force and effect until the Closing. Any loss or damage by fire or other casualty beforethe Closing shall constitute grounds for rejection of title to the Property. In case of fire or othercasualty, however, Seller, upon closing shall allow Buyer, at Buyer's option, on account of thepurchase price any amonnt received by the Seller for the policies of fire insurance or shall paysuch amount to the Buyer. If, at the time of closing, payment for the loss has not been made bythe insurance company or companies insuring the Premises, Seller will assign to Buyer all policiesof fire or casualty insurance held by the Seller on the premises, together with all rights and claimsthereunder. In the event of casualty, the Purchase Price will be reduced by the amount of thedeductible under the insurance and any uninsured losses.

SECTION 13 - Condemnation

If, prior to the Closing, the Premises or any part hereof is taken by eminent domain orcondemnation such that the remaining portion of the Premises cannot be used for Buyer'sintended use, Buyer shall have the right, exercisable by giving written notice of such decision toSeller within twenty (20) days after receiving written notification from Seller of such taking, toterminate this Agreement and thereupon the Deposit and any and all interest earned thereon, shallbe fully refunded to Buyer and this Agreement shall be null and void and the parties hereto shallbe relieved of all further obligations and liability. If Buyer does not so terminate this Agreement,then Buyer shall remain obligated to'purchase the Premises with an assignment by Seller to Buyerof all condemnation awards paid or payable by reason of such condemnation not in excess of thePurchase Price.

SECTION 14 - Successors and Assigns

This Agreement shall bind and inure to the benefit of the parties hereto and theirrespective heirs, executors, administrators, successors and assigns.

SECTION 15 - Notices

In the event notice is deemed necessary or desirable under the provisions ofthisAgreement, it shall be deemed given when given by delivery to the person entitled thereto at the

S:\KDunn\Purchasc & Sale Agreemcnts\Arch Development PSA -5-

following address, a) either by hand; b) by depositing the same in United States mail, certified,return receipt requested, and postage prepaid; or c) by facsimile with confirmation of thetransaction.

Any notice provided to Seller shall be given to:

Joseph J. Nicholson, Jr, Esq.City SolicitorCity Hall, 43 BroadwayNewport, Rhode Island 02840

Any notice provided to Buyer shall be given to:

Arch Street Development, LLCRichard C. Relich and Colin P. O'Keeffe, Principals112 Water Street, Suite 600Boston, Massachusetts 02109

with a copy to:

Michael W. Miller, Esq. and Turner C. Scott, Esq.Miller Scott & Holbrook122 Touro StreetNewport, Rhode Island 02840

SECTION 16 - Miscellaneous

16.01 If either party institutes an action or proceeding against the other relating to theprovisions of this Agreement or any default hereunder, the unsuccessful party to such action orproceeding shall reimburse the successful party therein for the reasonable attorney's fees,disbursements and litigation expenses incurred by the successful party.

16.02 If any clause or provision of this Agreement is illegal, invalid or unenforceableunder any present or future law, the remainder of this Agreement shall not be affected thereby. Itis the intention of the parties that if any such provision is held to be illegal, invalid orunenforceable, there will be added in lieu thereof a provision as similar in terms to such provisionas is possible which would be legal, valid and enforceable.

16.03 Neither this Agreement or any of the provisions hereof shall be changed, waived,discharged or terminated, except by an instrument in writing signed by the party against whomenforcement of the change, waiver, discharge or termination is sought, and then only to the extentset forth in such instrument.

S:\KDunn\Purchase & Sale Agrecmcnts\Arch Development PSA -6-

16.04 This Agreement is made and delivered in the State ofRhode Island, is designed andintended to be performed entirely in the State ofRhode Island and shall be construed and enforcedin accordance with the laws of the State ofRhode Island. In the event of any dispute under thisAgreement, including those provisions dealing with the escrow agent, the parties agree that theState ofRhode Island will have jurisdiction to resolve any such dispute.

16.05 This Agreement shall be executed simultaneously in two (2) or more counterparts,each of which shall be deemed an original, but all of which together shall compromise one and thesame original. This document shall not be binding on or constitute evidence of a contract betweenthe parties until such time as a counterpart of this document has been executed by each party and acopy thereof has been delivered to the other party to this Agreement.

16.06 This Agreement embodies and constitutes the entire understanding between theparties with respect to the transaction contemplated herein and all prior agreements,understandings, representations and statements, oral or written, are merged into this Agreement.

16.07 Seller agrees that it will deliver to Buyer at the Closing, all plans, blueprints,surveys, architectural and engineering environmental information pertaining to the premises that ithas in its possession.

16.08 If Seller is unable to convey title to the Premises in good faith, Buyer may elect toaccept such title as Seller is able to convey without reduction to the Purchase Price or rescind theAgreement and receive the return of the deposit and all interest earned thereon.

16.09 Any interest earned on the deposit shall be treated as part of the deposit and followsthe deposit. The interest earned will be credited against the Purchase Price.

16.10 Each party agrees to provide corporate or other authorized resolutions, Certificatesof Good Standing, Encumbancy Certificates and any other matters which may reasonably berequested by a title insurance company or lender, including without limitation certificates ofrelease of corporate or other tax liens which could encumber the Premises.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be dulyexecuted by their authorized representatives who have hereunto set this hands and seals all as ofthe day and date first above written.

In the Presence of:


SellerThe City of Newport

by: =-:c---------Title

BuyerArch Street Development, LLC

;'

by: :~), :r---Title .{ "Iv AA//k:£:"C

STATE OF RHODE ISLANDCOUNTY OF NEWPORT

In Newport, on this day ofNovember, 2011, before me personally appeared_______________ for the City ofNewport, a municipal corporation, to meknown and known by me to be the party executing the foregoing instrument on behalfof said CityofNewport and acknowledged said instrument and the execution thereof, to be his free act anddeed in said capacity and the free act and deed of the City ofNewport,

Notary PublicMy commission

STATE OF~~~.§t~COUNTY OF NElWP6R'f~/I:;;~~'

flx";,,,,,-j At...~~ Inmtr this :r:Z' day ofNovember, 2011, before me personally appeared

i'l \1/\ . (, 1\f\f,l,y\Ct.i~of Arch Street Development, LLC, a limited liabilitycompany, to me known and known b e to be the party executing the foregoing instrument onbehalf of said limited liability company and acknowledged said instrument and the executionthereof, to be his free act and deed in said capacity and the free ac and e h aid limited/..- J

liability company, (r---\,

~omnm~ S=:2e,lJNWiSi 010 4-

Notary PublicCOMMONWEALTH OF MASSACHUSETTS

My Commlnlon EKplres February 28, 2014



City of Newport



RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~ofthe City CouncilEdward F. Lavallee, City ManageDecember 7, 2011Broadway Streetscape Conceptual Design EndorsementWilliam R. Riccio, Jr., PE, Public Services Director

The Department of Public Services recommends official endorsement of the conceptual design improvement plansassociated with the Broadway Streetscape project in accordance with RIDOT funding procedure.


In accordance with RIDOT policy, and similar to the process followed in association with the Pell Bridge RampImprovement project which resulted in Resolution 2011-064, official City Council endorsement of the project'sconceptual design is reqnired for state and federal participation to occur. The City Council recently approved the finalengineering phase of this project through resolution 2011-114; however, although approval of the concept appears toinclude conceptual plan endorsement, it is not clearly denoted within the final resolution. Accordingly, staffrecommends fonnat endorsement of the project similar to resolution approved for the Pell Bridge project (2011-064.)

PREVIOUS LEGISLATIVE ACTIONResolution 2011-064Resolution 2011-114

FISCAL IMPACT

__ Currently Budgeted (Account ~) __ Requires additional appropriation L No fiscal impact

SUPPORTING DOCUMENTSResolutionProject plans

Finance Dept Review: Date By:---- (if applicable)

THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS: The City of Newport recognizes the need toprovide safety enhancements to the city rights-of-way forthe general health, safety and welfare its citizens; and

WHEREAS: The City of Newport has been engaged incollaborative efforts with the Rhode Island Department ofTransportation (RIDOT) for purposes of funding both thedesign and construction of streetscape improvements toBroadway between Bliss Road and Farewell Street; and

WHEREAS: The RIDOT requires official endorsement ofthe project for purposes of utilizing state and federalconstruction funding for the project.

NOW THEREFORE, BE IT RESOLVED: That the NewportCity Council endorses the Broadway Streetscape project'sconceptual design improvements, and directs CityAdministration to draft a letter of support to RIDOT statingits endorsement thereof.



Communication # 4932/11Docket Date: December 14,2011

City of Newport



RECOMMENDATION:

Mayor Stephen C. Walnk & City Co~ncilMembersEdward F. Lavallee, City Managerr:-l~30 November 2011 'f;-Gutter Replacement Project Harbor Center (Newport Armory)William R. Riccio, Jr., PE, Public Services Director

The Department of Public Services recommends approval of contract 12-024, to Alhambra Building Company, Inc., inthe amount of $78,800.00 to furnish and install new copper gUllers, downspouts and flashing for the Harbor CenterDrill Hall (Newport Armory).


Work on the transient boater facility had been temporarily silspended resultant of drainage issues discovered upondemolition and excavation of the beach level. Subsequent to the findings and recommendations of the engineercontracted to determine root causes and to develop solutions to drainage concerns at the Harbor Center, the engineer'sanalysis identified that the lack of functioning gullers significantly contributes to stormwater infiltration into thebasement of the Harbor Center. In order to mitigate this, City staff prepared a bid package for the replacement of theassociated gUllers, downspouts and flashing associated with the rooftop drainage system. This new installation willcorrect the existing condition and will prevent rainwater from spilling directly from the roof, infiltrating below thefoundation and seeping into the basement level of the armory. The funding necessary to cover this work is included inthe previously approved transient boater facility grant.


FISCAL IMPACT

_ Currently Budgeted (Account ) _ Requires additional appropriation..1L No Fiscal Impact - Covered by grant funding under Account: 04-190-5000-50440 (Activity 044981-50440)

SUPPORTING DOCUMENTSResolutionBid TabulationCorporate InfoContract


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS: The Newport City Council approved theDesign-Build Public Boating Visitor Center; and

WHEREAS: The city administration receivedrecommendations from a civil engineer regarding on sitestormwater infiltration and management; and

WHEREAS: The city administration has received preapproval from RIDEM allowing the installation of drill hallgutters as a reimbursable boating grant expense; and

WHEREAS: The lowest most qualified bidder isAlhambra Building Company of Warwick, RI, to furnishand install new copper gutters, downspouts and flashing.

NOW THEREFORE, BE IT RESOLVED: The Newport CityCouncil hereby approves Contract 12-024, associated withthe Harbor Center Gutter Replacement Project, withAlhambra Building Company of Warwick, RI in the amountof $78,800 and authorizes the Mayor to sign said contracton behalf of the City, subject to favorable review by theCity Solicitor.



THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORTDepartment of Planning and Development

FIRM PRICE NOTES

Alhambra Building $78,800 New flashing at drill hallCompany and head house.

Gibson Technologies, LLC $79,500 New flashing at drill halland head house.

Damon Company $81,180 New flashing at drill halland head house.

Alpha Construction $80,967 Repair flashing at drill hallCompany and head house.

Superior Construction $95,616 Repair flashing at drill hallGroup and head house.

Iron Construction Group, $166,00 Repair flashing at drill hallLLC and head house.

Bid Tabulation 12-024 Armory Gutters (REBID) New Copper

City Hall, 43 Broadway, Newport, RI, 02840 401.845.5472 (fax 401.846.1121)

"lId :fI: 12-024

List, t~fl Offlc~r~\If Y0!lt Corporlltiq!" or Pr!",p,IRals,QfVll\lr "'l.;C, AW;Jt~ can \lot bl! dpnewl,tM\lHhfla",(l,cl\~,nt. '

AI"lIl11b~a Bllil!ling COl\lpjlnY, h!~ •.~·.,wComplete COl)1pany Name

'0 Name

, NalliS

N~me

Nama ','

,

:jrresidcutf&:)i;Otltlejb(flcerjP6$ftlilij

. Tltle/Offlcer/Posll1on

Tltl~70fflcerjPQsit!iln

i1t1e/Offjcer/Posltlon

.', T1t1e/Offlc~;/PoSltion

TItle/Officer/Position

TltlejOfflcer/Posllion

ALHAMBBAii i) IU,ll ~\~ i:«l'\'\l:;\l']\'

October 28, 2011

City Of NewpOItPurchasins.Divisiou43 BroadwayNewpQlt, R! 02840

Re,,"Armory Gutter project# 12-024"

Peal'Andrew,

W¢ applwia,te the opportunity t,9supmit our proposal for consideration to provide construotion servicesfor the restoration.and construction ofthe Harpor Cenlel'Cutler$ Repairs. We aoknowledsp the criteriaoutlined in the notice to bidders.

In reviewingthe notice to bidd~rs' # 12-016 ]veal'e pleaoed to offer you With QUI' bid cost of$78,800. Written: Sevenly.Eight'!'housand Eight Hll11dred,

Attach~dpJe'l$e find our understanding of the scope ofwork, detailed illustrations to support ourunderstanding of thisproiect. We appreciate the oppOltunity ill providing you this proposal. Should youhaw any questions we would .I:>e more than happy to discuss them with you.

CITY OF NEWPORTContract

Harbor Center (Armory)Gutter ProjectBid # 12-024

CITY OF NEWPORTContract

Harbor Center (Armory)Gutter ProjectBid # 12-024

THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORTDepartment of Planning, Zoning, Development & Inspections

This Contract (The "Contract") is made and entered into by and between the City of

Newport, (the "City") and Alhambra Building Company, of Warwick, RI, (the "Contractor"). This

Contract shall become effective on the date it is executed by the last party to execute it ("the

effective date").

As outlined under Bid/Proposal # 12-024 (the "Project") this Contract is for a project identified as

Harbor Center (Armory) Gutter Project.

For and in consideration of the mutual promises, covenants, and agreements set forth

herein, and for other good and valuable consideration, the sufficiency of which is hereby

acknowledged, the City and the Contractor agree as follows:

ARTICLE 1 - THE WORK OF THIS CONTRACTThe Contractor shall execute the entire work described in the Original Bid/Proposal package and

Contract Documents contained herein, except to the extent specified indicated in the Contract

Documents to be the responsibility of others.

ARTICLE 2 - DOCUMENTS INCORPORATED BY REFERENCEThis Contract references or includes the plans and specifications for the project as identified

thereon as such included in the original Bid/Proposal Package # 12-024 plus the following:

• Submitted Bid/Proposal #12-024 "Harbor Center Windows"dated 10.28.11; and,

• Submitted cut sheets and detailed specifications.

All of which are hereby incorporated herein by reference and made a part hereof. Change Orders

issued hereafter, and any amendments executed by the City and the Contractor, shall become, and

be a part of this Contract. Documents not included or expressly contemplated in this Article 2, do

not, and shall not, form any part of this Contract.

ARTICLE 3 - REPRESENTATIONS OF THE CONTRACTIn order to induce the City to execute this Contract and recognizing that the City is relying thereon,

the Contractor, by executing this contract, makes the following express representation to the City:

(a) The Contractor is fully qualified to act as the contractor for the Project and has, and shall

maintain, any and all licenses, permits or other authorizations necessary to act as the

contractor for, and to construct, the Project.

City Hall, 43 Broadway, Newport, RI, 0284021 November 2011

2 401.845.5472 (fax 401.846.1121)


(a) The Contractor has become familiar with the Project site and the Local conditions under which

the Project is to be constructed and operated.

(b) The Contractor has received, reviewed and carefully examined all the documents which make

up this Contract, including, but not limited to, the plans and specifications, and has found them

in all respects to be complete, accurate, consistent, coordinated and sufficient for construction.

(c) The Contractor is familiar with all Federal, State, Municipal, and Departmental Laws,

Ordinances, Orders and Regulations, which may in any way affect the work of those employed

therein, including, but not limited to, any special acts related to the work or Project of which it

is a part;

(d) The Contractor is aware of the hazards involved in the work and the danger to life and

property, both evident and inherent, and the Contractor will conduct the work in a careful and

safe manner without injury to person or property.

ARTICLE 4 -INTENT AND INTERPRETATIONWith respect to the intent and interpretation of this Contract, The City and the Contractor agree as

follows:

(a) This contract, together with the Contractor's and Surety's performance and payment bonds for

the Project, if any, constitute the entire and exclusive agreements between the parties with

reference to the Project, and said Contract supersedes any and all prior discussions,

communications, representations, understandings, negotiations, or agreements. This Contract

also supersedes any bid/proposal documents not incorporated herein pursuant to Article 2.

(b) Anything that may be required, implied or inferred by the documents which make up this

Contract, or anyone or more of them, shall be provided by the Contractor for the Contract

Price;

(c) Nothing contained in this Contract shall create, nor be Interpreted to create, private or any

other relationship whatsoever between the City and any person except the contractor;

(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or construed first,

as defined herein; second, if not defined, according to its generally accepted meaning in the


3 401.845.5472 (fax 401.846.1121)


industry, and third, if there is no generally accepted meaning in the industry, according to its

common and customary usage;

. (e) The· Contractor shall have a continuing duty to read, examine, review, compare and contrast

each of the documents which make up this Contract, shop drawings, and other submittals and

shall give written notice to the City of any conflict, ambiguity, error or omission which the

Contractor may find with respect to these documents before proceeding with the affected

work. The express or implied approval by the City of any shop drawings or other submittals

shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such

approval be evidence of the Contractor's compliance with this Contract.

(f) However, The City makes no representation or warranty of any nature whatsoever to the

Contractor· concerning such documents. The Contractor, again hereby acknowledges and

represents that it has received, reviewed and carefully examined such documents, has found

them to be complete, accurate, adequate, consistent, coordinated and sufficient for

construction, and that the Contractor has not, does not, and will not rely upon any

representations or warranties by the City concerning such documents, as no such

representations or warranties have been or are hereby made;

(g) In the event of any conflict, discrepancy, or inconsistency among any of the documents which

make up the Contract, the following shall control:

(1) As between drawing and specifications, the specifications shall govern;

(2) As between figures given on plans and scaled measurements, the figures shall govern;

(3) As between this document and the plans or specifications, this document shall govern.

ARTICLE 5 - OWNERSHIP OF DOCUMENTS WHICH MAKE UP THE CONTRACTThe document which make up this Contract, and each of them, as well as any other documents

furnished by the City, shall remain the property of the City. The City shall provide the Contractor

with a sufficient number of copies of the complete Contract as the City determines necessary.

Note: As required by the City, all work documents/products provided in paper format will also be

provided in digital format to promote the reduction of paperwork and allow electronic storage of

documents. The Contractor shall have the right to keep the Contractor's executed set; provided,


4 401.845.5472 (fax 401.846.1121)


however, that in no event shall the Contractor use, or permit to be used, any portion or all such

Contract on other projects without the City's prior written authorization. All sets in usable

condition, with the exception of the Contractor's executed set, shall be returned to the City at the

completion of the work or termination of the Contract.

ARTICLE 6 - CONTRACTOR'S PERFORMANCEThe Contractor shall perform all of the work required, implied or reasonably inferable for this

Contract including, but not limited to the following:

(a) Complete the Project;

(b) The Furnishing of any required surety bonds or insurance.

(c) The provision and furnishing, and prompt payment therefore, of labor, supervision, services,

materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,

power, fuel, heat, lights, cooling, or other utilities, required for completion of the project and

all necessary building permits and other permits required for the Project;

(d) The creation and submission to the City of detailed and comprehensive as-built drawings

depicting all as-built construction (if necessary). Said (as-built) drawings shall be submitted to

the City upon final completion of the Project and receipt of same by the City shall be a

condition precedent to final payment to the Contractor.

ARTICLE 7 - TIME FOR CONTRACTOR'S PERFORMANCE(a) The Contractor shall commence the performance of this Contract within fourteen (14)

calendar days after the Notice to Proceed and shall diligently continue its performance to and

until final completion of the Project (subject to weather shutdown period if necessary as

provided for in Article 8, Paragraph (L». The Contractor shall accomplish Substantial

Completion of the Project on or before the dates established pursuant to Paragraph (K) and (L)

in Article 8.

ARTICLE 8 - PAYMENT TO CONTRACTOR(a) The City shall pay, and the Contractor shall accept, as full and complete payment for the

Contractor's timely performance of its obligation hereunder, the Contract sum of eighty-five

thousand nine-hundred fifty-two dollars ($78,800) The price set forth in this Paragraph 8, shall


5 401.845.5472 (fax 401.846.1121)


constitute the Contract Price, which shall not be modified except by a Change Order as

provided by this Contract.

(b) The City shall pay the Contract Price to the Contractor in accordance with the procedures set

forth in this Paragraph 8. On or before the 15th day of each month after commencement of

performance, but no more frequently than once monthly, the Contractor may submit a

Payment Request for the period ending the 31st day of proceeding the month. Said Payment

Request shall be in such format and include the City may require. Each Payment Request shall

be signed by the Contractor and shall constitute the Contractor's representation of the

quantity of work has reached the level for which payment is requested. And that the work has

been properly installed or performed in strict compliance with this Contract and that the

Contractor knows of no reason why payment should not be made as requested. Thereafter,

the City shall review the Payment Request and may also review the work at the Project site or

elsewhere to determine whether the quantity and quality of the work is as represented in the

Payment Request and is as required by this Contract. The City shall approve in writing the

amount which, in the opinion of the City, is properly owing to the Contractor. The payment of

the Contractor's invoice will be made no later than fifteen (15) days after the receipt of the

invoice.

(c) The City shall retain a percentage of the progress or monthly payment claimed including

approved change orders. The retainage shall remain a five (5%) percent until seventy-five

(75%) percent of the Contract is complete, as determined by the City. Any further reductions

in the retainage amount shall be at the City's discretion. The City shall pay the balance of

retainage to the Contractor within thirty (30) days of the date the work is accepted by the City

unless a dispute exists with respect to the work.

(d) Upon Substantial Completion, the City may reduce the amount of retainage to the final

retainage of five (5%) percent of the dollar value of all work satisfactorily completed to date,

including approved change orders plus an additional retainage based on the City's estimate of

the fair value of any punch list items and the cost of completing and/or correcting such

incomplete or defective items or work. As these items are completed, they shall be paid for


6 401.845.5472 (fax 401.846.1121)


out of the retainage until Final Completion and the City declares Acceptance of Work. The

final 5% retainage shall be paid to the Contractor by the City within thirty (30) days of the date

the work is accepted by the City, unless a dispute exist with respect to the work.

(e) Upon final Completion and Acceptance of the Work, the City shall issue a certificate attached

to the final payment request stating that the City under the conditions of the Contract

Documents has accepted the Work. The entire balance to be due the Contractor shall be paid

to the Contractor within thirty (30) days of the Final Completion and Acceptance of Work.

(f) When payment is received from the City, the Contractor shall immediately pay all

subcontractors, materialmen, laborers, and supplies the amounts they are due for work

covered under such payment. In the event the City becomes informed that the Contractor has

not paid a subcontractor, materialmen, laborers or suppliers, as provided herein, the City shall

have the right, but not the duty to issue future checks and payments to the Contractor of

amounts otherwise due hereunder naming the Contractor and any such subcontractors,

materialmen, laborer, or supplier as joint payees. Such joint check procedure, if employed by

the City, shall create no rights in favor of any person or entity beyond the right of the named

payee to payment of checks and shall not be deemed to commit the City to repeat the

procedure in the future.

(g) Neither payment to the Contractor, utilization of the Project for any purpose by the City, nor

any other act or omission by the City shall be interpreted or construed as an acceptance of any

work of the Contractor not strictly in compliance with this Contract.

(h) The City shall have the right to refuse to make payment and, if necessary, may demand the

return of a portion or all of the amount previously paid to the Contractor due to:

(1) The quality of a portion, or all, of the Contractor's work not being in accordance with the

requirement of this Contract;

(2) The quantity of the Contractor's work not being as represented in the Contractor's

Payment Request, or otherwise;

(3) The Contractor's rate of progress being such that, in the City's opinion, Substantial or

Final Completion, or both, may be inexcusably delayed;


7 401.845.5472 (fax 401.846.1121)


(4) The Contractor's failure to use Contract funds, previously paid the Contractor by the

City, to pay Contractor's Project-related obligations including, but not limited to,

subcontractors, laborers, material and equipment suppliers;

(5) Claims made, or likely to be made, against the City or its property.

(6) Loss caused by the Contractor;

(7) The Contractor's failure or refusal to perform any of its obligations to the City.

(8) Failure to provide certified payrolls in accordance with Davis Bacon wage

determinations and Rhode Island General Laws.

In the event that the City makes a written demand upon the Contractor for amounts previously

paid by the City as contemplated in this paragraph, the Contractor shall promptly comply with such

demands.

(i) When Substantial Completion has been achieved, the Contractor shall notify the City in writing

and shall furnish to the City a listing of those matters yet to be finished. The City will

thereupon conduct and inspection to confirm that the work is in fact Substantially Complete.

Upon its confirmation that the Contractor's work is Substantially Complete, the City will so

notify the Contractor in writing and will therein set forth the date of Substantial Completion. If

the City, through its inspection, fails to find that the Contractor's work is Substantially

Complete, and is required to repeat all, or any portion, of its Substantially Completion

inspection, the Contractor shall bear the cost of such repeat inspection(s) which cost may be

deducted by the City from any payment then or thereafter due the Contractor.

(j) When the Project is finally complete and the Contractor is ready for final inspection, it shall

notify the City thereof in writing. Thereupon, the City will perform a final inspection of the

Project. If the City confirms that the Project is complete in full accordance with this Contract

and the Contractor has performed all of its obligations to the City hereunder, the City will

furnish a final Approval for Payment certifying that the Project is complete and the Contractor

is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant

to this Contract. If the City is unable to issue its final Approval for Payment and is required to


8 401.845.5472 (fax 401.846.1121)


repeat its final inspection of the Project, the Contractor shall bear the cost of such repeat

inspection(s), which costs may be deducted by the City from the Contractor's final payment.

(k) The Contractor is to begin work within fourteen (14) days after the Notice to Proceed and shall

complete the work within ninety (90) consecutive calendar days. If the Contractor fails to

complete the work as set forth in the paragraph 8(L), the Contractor shall pay the City the sum

of two-hundred and fifty dollars ($250) per week for each and every calendar week of

l:!nli~~~§~~~~I!~,~!i~ in completing the work. Any sums due and payable hereunder by the

Contractor shall be payable, not as a penalty, but as liquidated damages representing an

estimate of delay damages likely to be sustained by the City, estimated at or before the time of

executing this Contract. When the City is reasonably believes that the date of completion will

be unexcused delays, the City shall be entitled, but not required, to withhold from any

amounts otherwise due the Contractor an amount then believed by the City to be adequate to

recover liquidated damages applicable to such delays. If and when the Contractor overcomes

the delay in achieving completion of the work, or any part thereof, for which the city has

withheld payment, the City shall promptly release the Contractor those funds withheld, but no

longer applicable, as liquidated damages.

(I) The Time for completion noted above has been developed upon assumptions that the work

may be suspended during weather shutdowns if necessary. The Newport Building Official shall

determine weather shutdowns for this Project. The time period specified for completion of

the work in paragraph (k) above shall be suspended during such weather shutdowns. The

Contractor shall plan on weather shutdown period based upon these dates unless otherwise

directed by the City. The weather shutdown dates are subject to change depending on

weather conditions. The City shall notify the Contractor in writing if there is a change in the

weather shutdown period due to weather, environmental or other conditions, which preclude

the work from being executed in accordance with these documents.

(m) Prior to being entitled to receive final payment, and as a condition precedent thereto, the

Contractor shall furnish to the City, in the form and manner required by the City:


9 401.845.5472 (fax 401.846.1121)


(1) An affidavit that all of the Contractor's obligations to subcontractors, laborers, equipment

or materials suppliers, or other third parties in connection with the Project, have been

paid or otherwise satisfied;

(2) If requested by the City, separate releases of lien or lien waivers from each subcontractor,

lower-tier subcontractor, laborer, supplier or other person or entity who has, or might

have a claim against the City or the City's property;

(3) If applicable, consent(s) of surety to final payment;

(4) All product warranties, operating manuals, instruction manuals, and other record

documents, drawings, and things customarily required of the Contractor, or expressly

required herein, as part of or prior to Project closeout.

ARTICLE 9 - MUNICIPAL POLICE TRAFFIC CONTROLNot Applicable to this project.

ARTICLE 10 - CEASE AND DESIST ORDERIn the event the Contractor fails or refuses to perform the work as required herein, the City may

instruct the Contractor to CEASE and DESIST from performing further work in whole or in part.

Upon request of such instruction, the Contractor shall immediately cease and desist as instructed

by the City and shall not proceed further until the cause of the City's instruction has been

corrected, or no longer exists, or the City instructs that the work resume. In the event the City

issues instructions to cease and desist, and in the further event that the Contractor fails and refuses

within seven (7) calendar days of receipt of same to provide adequate assurance to the City that

the cause of such instructions will eliminate or corrected, then the City shall have the right, but not

the obligation, to carry out the work with its own forces, or with the forces of another Contractor,

and the Contractor shall be fully responsible and liable for the costs of performing such work by the

City. The rights set forth herein are in addition to, and without prejudice to, any other rights or

remedies that the City may have against the Contractor.

ARTICLE 11- DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTORIn addition to any and all other duties, obligations and responsibilities of the Contractor set forth in

this Contract, the Contractor shall have and perform the following duties, obligations and

responsibilities to the City:


10 401.845.5472 (fax 401.846.1121)


(a) The Contractor is again reminded of its continuing duties set forth in Subparagraph 4 (e) which

are by reference hereby incorporated in this Subparagraph 10 (a). The Contractor shall not

perform work without adequate plans and specifications, or, as appropriate, approved shop

drawings, or other submittals. If the Contractor performs work knowing or believing it

involves an error, inconsistency or omission in the Contract without first providing written

notice to the City and the Architect, the Contractor shall be responsible for such work and pay

the cost of correcting same;

(b) All work shall strictly conform to the requirements ofthis Contract;

(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for any and all

aspects or omissions of those engaged in the work on behalf of the Contractor;

(d) The Contractor hereby warrants that all labor furnished under this Contract shall be

competent to perform the task undertaken, that the product of such labor shall yield only first

class results, that all materials and equipment provided shall be new and of high quality, that

the completed work will be complete, of high quality, without defects, and that all work strictly

complies with the requirements of this Contract. Any work not strictly complying with the

requirements ofthis Subparagraph shall constitute a breach of the Contractor's warranty;

(e) The Contractor shall obtain and pay for all required permits, fees and licenses customarily

obtained by the Contractor. The Contractor shall comply with all legal requirements applicable

to the work.

(f) The Contractor shall employ and maintain at the Project site, only competent supervisory

personnel.

(g) The Contractor shall keep an updated copy of this Contract at the Project site. Additionally,

the Contractor shall keep a copy of approved shop drawings and other submittals. All of these

items shall be available to the City at all regular business hours. Upon final completion of the

work, all of these items shall be finally updated and provided to the City and shall be come

property of the City.


11 401.845.5472 (fax 401.846.1121)


(h) The Contractor shall maintain the Project site in a reasonably clean condition during

performance of the work. Upon final completion, the Contractor shall thoroughly clean the

Project site of all debris, trash and excess materials or equipment.

(i) At all times relevant to this Contract, the Contractor shall permit the City to enter upon the

Project site and review or inspect the work without formality or other procedure.

(j) All contracts in excess of$ 1,000.00 are subject to RIGL and required by state law and CFR-29 to

pay state prevailing wage. "The Davis-Bacon" Act and prevailing wage applies Certified

payrolls m,ust be submitted on a weekly or by-weekly basis along with payment requests.

ARTICLE 12 - DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY(a) Except for permit fees, which are the responsibilities of the Contractor, the City shall secure

and pay for necessary approvals, easements, assessments and charges required for the

construction, and services performed pursuant to the Contract.

(b) If the Contractor fails to correct work, which is not in accordance with the requirements of the

Contract, and persistently fails to carry out the work in accordance with the Contract, the City,

by a written letter, may order the Contractor to stop all work, or any portion thereof, until the

cause of such order has been eliminated; however, the right of the City to stop the work shall

not give rise to a duty on the part of the City to exercise this right for the benefit of the

Contractor, or any other person or entity.

(c) Upon completion and acceptance of the work, the City shall issue a certificate attached to the

final payment request that the City under the conditions of the Contract has accepted the

work.

ARTICLE 13 - "EQUIVALENCY" CLAUSE(a) Whenever a material or article required is specified or shown on the drawings by using the

name of the proprietary product of the particular manufacturer or vendor, any material or

article which will perform adequately the duties imposed by the general design may be

considered equal and satisfactory providing the material or article so proposed is of equal

substance and function in the City's opinion. It shall not be purchased or installed without the

City's written approval. In all cases, new material shall be used in the Project.


12 401.845.5472 (fax 401.846.1121)


(b) If more than one brand, make of material, device, or piece of equipment is shown or specified,

each should be regarded as the equal of the other. Any other brand, make of material, device

or equipment, which in the opinion of the City or its Authorized Representative, is the

recognized equal of that specified (considering quality, workmanship, and economy of

operation), and is suitable for the purpose intended, may be accepted.

ARTICLE 14 - INDEMNITYThe Contractor shall indemnify and hold the City harmless from any and all claims, liability,

damages, loss, cost and expense of every type whatsoever, without limitation in connection with

the Contractor's performance of this Contract, provided that such claims, liability, damages, loss,

cost of expense is due to sickness, personal injury, disease or death, or loss or destruction of

tangible property (other than the work itself), including loss of use resulting therefrom, to the

extent caused by the Contractor, or anyone for whose acts the Contractor may be liable, regardless

of whether such liability, claim, damage, loss or expense is caused in part by the City.

ARTICLE 15 - CLAI MS BY TH ECONTRACTORClaims by the Contractor against the City are subject to the following terms and conditions:

(a) All Contractor claims against the City shall be initiated by a written claim submitted to the City.

Such claims shall be received by the City in a reasonable amount of time, but no later than

fourteen (14) business days after the event, or the first appearance of the circumstances,

causing the claim, and the same shall set forth in detail all known facts and circumstances

supporting the claim;

(b) The Contractor and City shall continue their performance hereunder regardless of the

existence of any claim submitted by the Contractor.

(c) In the event the Contractor discovers previously concealed and unknown site conditions which

are materially at variance from those typically and ordinarily encountered in the general

geographical location of the Project, the Contract Price shall be modified, either upwards or

downward, upon the written claim made either party in a reasonable amount of time but not

to exceed fourteen (14) business days after the first appearance to such party of the

circumstances. As a condition precedent to the City having any liability to the Contractor due

to concealed and unknown conditions, the Contractor must give the City written notice of, and


13 401.845.5472 (fax 401.846.1121)


an opportunity to observe such condition prior to disturbing it. Failure by the Contractor to

give written notice and make the claim as provided by this Subparagraph 15 (c) shall constitute

a waiver by the Contractor of any rights arising out of or relating to such concealed and

unknown condition.

(d) In the event the Contractor seeks to make a claim of an increase in the Contract Price, as a

condition precedent to any liability of the City therefore, the Contractor shall strictly comply

with the requirements of Subparagraph 15 (a) above, and such claim shall be made by the

Contractor before proceeding to execute any additional or change work. Failure of the

condition precedent to occur shall constitute a waiver by the Contractor of any claim for

additional compensation.

(el In connection with any claim by the Contractor against the City for compensation in excess of

the Contract Price, any liability of the City for the Contractor's cost shall be strictly limited to

direct cost incurred by the Contractor and shall in no event include indirect costs or

consequential damages of the Contractor. The City shall not be liable to the Contractor for

claims of third parties including subcontractors, unless and until liability of the Contractor has

been established therefore in a court of competent jurisdiction.

(f) In the event the Contractor shall be delayed in performing any task which at the time of the

delay is then critical, or which during the delay, becomes critical, as the sole result of any act or

omission by the City or someone acting in the City's behalf, or by City-authorized Change

Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date

for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately

adjusted by the City upon the written claim of the Contractor to the City. A task is critical

within the meaning of this Subparagraph 15(f), if and only if, said task is on the critical path of

the Project schedule so that delay in performing such task will delay the ultimate completion

of the Project. Any claim for an extension of time by the Contractor shall strictly comply with

the requirements of Subparagraph 15 (al above. If the Contractor fails to make such claims as

required in this Subparagraph 15 (fl, any claim for an extension of time shall be waived.

ARTICLE 16 - SUBCONTRACTORS

City Han, 43 Broadway, Newport, RI, 0284021 November 2011

14 401.845.5472 (fax 401.846.1121)


Upon execution of this Contract, the Contractor shall identify to the City, in writing, those parties

intended as subcontractors on the Project. The City shall, in writing, state any objections the City

may have to one or more of said subcontractors. The Contractor shall not enter into a subcontract

with any intended subcontractor with reference to whom the City objects. The Contractor shall not

award work to a subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without

prior written approval of the City. All subcontracts shall afford the Contractor rights against the

subcontractor, which corresponds, to those rights afforded to the City against the Contractor

herein. Nothing contained in this Contract shall create any contractual relation between any

subcontractor and the City.

ARTICLE 17 - WAGE RATES(a) There shall be paid to each laborer or mechanic of the Contractor or subcontractor engaged in

the work on the Project under this Contract in the trade or occupation, an hourly wage rate

pursuant to §37-13-7 of the General Laws of the State of Rhode Island regardless of any

contractual relationship which may be alleged to exist between the Contractor or any

subcontractor and such laborers and mechanics.

(b) If, after the award of the Contract, it becomes necessary to employ any person in a trade or

occupation not classified in the contract, such person shall be paid at not less than a rate to be

determined by the same authority which established the other wage rates for this Contract.

Such approved minimum rate shall be retroactive to the time of the initial employment of such

person in such trade or occupation. The Contractor shall notify the City of his intention to

employ persons in trades or occupations not classified in sufficient time for the City to obtain

approved rates for such trades or occupations.

(c) The foregoing specified wage rates are minimum rates only, and the City will not consider any

claims for additional compensation made by the Contractor because of payment by the

Contractor of any wage rate in excess of the applicable rate contained in this Contract. The

Contractor shall adjust all disputes in regard to the payment of wages in excess of those

specified in this Contract.


15 401.845.5472 (fax 401.846.1121)


(d) Except as may otherwise be required by law, all claims and disputes pertaining to the

classification of labor employed on the Project under this Contract, shall be decided by the

City's governing body or other duly designated official.

ARTICLE 18 - CHANGE ORDERSOne or more changes to the work within the general scope of this Contract may be ordered by a

Change Order. The Contractor shall proceed with any such changes, and the same shall be

accomplished in strict accordance with the following terms and conditions:

(a) Change Order shall mean a written order to the Contractor executed by the City after

execution of this Contract, directing a change in the work and may include a change in the

Contract Price or the time for the Contractor's performance, or any combination thereof;

Any change in the Contract Price resulting for a Change Order shall be determined as follows:

(1) By mutual agreement between the City and the Contractor as evidenced by (a) the

Change in the Contract Price being set forth in the Change Order, (b) such change in the

Contract Price, together with any conditions or requirements relating thereto, being

initialed by both parties and (c) the Contractor's execution ofthe Change Order; or,

(2) If no mutual agreement occurs between the City and the Contractor, the Change in the

Contract Price, if any, shall be derived by determining the reasonable actual costs

incurred or savings achieved, resulting from revisions in the work. Any such costs or

savings shall be documented in the format and with such content and detail as the City

may require.

(b) The execution of a Change Order by the Contractor shall constitute conclusive evidence of the

Contractor's agreement to the ordered changes in the work, this Contract as thus amended,

the Contract Price and the time for performance by the Contractor. The Contractor, by

executing the Change Order, waives and forever releases any claim against the City for

additional time or compensation for matters relating to or arising out of or resulting from the

work included within or affected by the executed Change Order.

(c) The Contractor shall notify and obtain the consent and approval of the Contractor's surety

with reference to all Change Orders if such notice, consent or approvals are required by the


16 401.845.5472 (fax 401.846.1121)

THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORTDepartlnent of Planning, Zoning, Development & Inspections

City, the Contractor's surety or law. The Contractor's execution of the Change Order shall

constitute the Contractor's warranty to the City that the surety has been notified of, and

consents to, such Change Orders and the surety shall be conclusively deemed to have been

notified of such Change Order and to have expressly consented thereto.

ARTICLE 19 - DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK(a) In the event that the Contractor covers, conceals or obscured its work in violation of this

Contract or in violation of a directive from the City, such work shall be uncovered and

displayed for the City's inspection upon request, and shall be reworked at no cost in time or

money to the City.

(b) If any of the work is covered, concealed or obscured in a manner not covered by

Subparagraph 15(a) above, it shall, if directed by the city, be uncovered and displayed for the

City's inspection. If the uncovered work conforms strictly to this Contract, the cost incurred by

the Contractor to uncover and subsequently, replaces such work shall be borne by the City.

Otherwise, such costs shall be borne by the Contractor.

(c) The Contractor shall, at no cost in time or money to the City, correct work rejected by the City

as defective or failing to conform to this Contract. Additionally, the Contractor shall reimburse

the City for all testing, inspection and other expenses incurred as a result thereof;

(d) In addition to its warranty obligations set forth elsewhere herein, the Contractor shall be

specifically obligated to correct any and all defective or nonconforming work for a period of

twelve (12)months following final completion upon written direction from the City.

(e) l:he City may, but in no event be required to, choose to accept defective or nonconforming

work. In such event, and should the Contractor fail to satisfactorily correct defective work, the

Contract Price shall be reduced by the greater of (1) the reasonable cost of removing and

correcting the defective or nonconforming work, and (2) the difference between the fair

market value of the Project as constructed and the fair market value of the project had it not

been constructed in a manner as to include defective or nonconforming work. If the

remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City

for the acceptance of defective or nonconforming work, the Contractor shall, upon written


17 401.845.5472 (fax 401.846.1121)


demand from the City, pay the City such remaining compensation for accepting defective or

nonconforming work.

ARTICLE 20 - TERMINATION BY THE CONTRACTORIf the City repeatedly fails to perform it material obligations to the Contractor for a period of thirty

(30) days after receiving written notice from he Contractor of its intent to terminate hereunder, the

Contractor may terminate performance of his Contract by written notice to the City. In such event,

the Contractor shall be entitled to recover from the City as though the City has terminated the

Contractor's performance under this Contract for convenience pursuant to Subparagraph 1S(a)

hereunder.

ARTICLE 21 - CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE(a) The City shall have the right at any time to direct the Contractor to suspend its performance,

or any designated part thereof, for any reason whatsoever, or without reason, for a

cumulative period of up to thirty (30) calendar days. If any such suspension is directed by the

City, the Contractor shall immediately comply with same;

(b) In the event the City directs a suspension of performance under this paragraph 21, through no

fault of the contractor, the City shall pay the Contractor as full compensation for such

compensation the Contractor's reasonable cost, actually incurred as paid, of:

(1) demobilization and remobilization, including such costs paid to subcontractors;

(2) preserving and protecting work in place;

(3) storage of material or equipment purchased for the Project, including insurance thereon;

(4) Performing in a later or during a longer time frame than that contemplated by this

Contract.

ARTICLE 22 - TERMINATION BY THE CITYThe City may terminate this Contract in accordance with the following terms and conditions:

(a) The City may, for any reason whatsoever, terminate performance under this Contract by the

Contractor for convenience. The City shall give written notice of such termination to the

Contractor specifying when termination becomes effective. The Contractor shall also

terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and

claims arising out of termination of subcontracts and orders. The City may direct the


18 401.845.5472 (fax 401.846.1121)


Contractor to assign the Contractor's right, title and interest under termination orders or

subcontracts to the City or designee. The Contractor shall transfer title and deliver to the City

such completed or partially completed work and materials, equipment, parts, fixtures,

information and Contract rights as the Contractor has. When termination for convenience,

the Contractor shall be compensated as follows:

(1) The Contractor shall submit a termination claim to the City specifying the amount due

because of termination for convenience together with cost, pricing or other data

required by the City. If the Contractor fails to file a termination claim within one (1)

year from the effective date of termination, the City shall pay the Contractor, an

amount derived in accordance with Subparagraph (3) below:

(2) The City and the Contractor may agree to the compensation, if any, due to the

Contractor hereunder;

(3) Absent agreement to the amount due the Contractor, the City shall pay the Contractor

the following amounts:

a) Contract prices for labor, materials, equipment and other services accepted under

this Contract;

b) Reasonable costs incurred in preparing to perform and in performing the

termination portion of the work, and in termination the Contractor's

performance, plus a fair and reasonable allowance for job-site overhead and profit

thereon (such profit shall not include anticipated profit or consequential

damages); provided however, that if it appears that the Contractor would not

have profited or would have sustained a loss if the entire Contract would have

been completed, no profit shall be allowed or including and the amount of

compensation shall be reduced to reflect the anticipated rate of loss, if any;

c) Reasonable cost of settling and paying claims arising out of the termination of

subcontracts or orders pursuant to Subparagraph 18(a) of this Contract. These

Costs shall not include amounts paid in accordance with other provisions hereof.

City Hall, 43 Broadway, Newport~RI, 0284021 November 2011

19 401.845.5472 (fax 401.846.1121)


(4) The Total sum to be paid the Contractor under this Subparagraph 18(a), shall not

exceed the total Contract Price as properly adjusted, reduced by the amount of

payments otherwise made, and shall in no event, include duplication of payments.

a) If the Contractor does not perform the work, or any part thereof, in a timely

manner, supply adequate labor, supervisory personnel or proper equipment or

materials, or if it fails to timely discharge its obligations for labor, equipment, and

materials, or proceeds to disobey applicable law, or otherwise commits a violation of a

material provision of this Contract, then the City, in addition to any rights it may have

against the Contractor or others, may terminate the performance of the Contractor and

assume possession of the Project site and of all materials and equipment at the site and

may complete the work. In such case, the Contractor shall not be paid further until the

work is complete. After final completion has been achieved, if any portion of the

Contract Price, as it may be modified hereunder, remains after the cost to the City of

completing the work, including all costs and expenses of every nature incurred, has

been deducted by the City, such remainder shall belong to the Contractor. Otherwise,

the Contractor shall pay and make whole the City for such costs. This obligation for

payment shall survive the termination of the Contract. In the event the employment of

the Contractor is terminated by the City for cause pursuant to this Subparagraph 18(b)

and is subsequently determined by a Court of competent jurisdiction that such

termination was without cause, such termination shall thereupon be deemed a

Termination for Convenience under Subparagraph 18(a) and the provision of

Subparagraph 18(a) shall apply.

ARTICLE 23 - INSURANCEThe Contractor shall carry and maintain the following insurance coverage at his own expense:

(a) All insurance for this Contract shall be written by a company (or companies) acceptable to the

City and all policies or certificates shall be submitted to the City for examination prior to

commencement of operations by the Contractor. In the event any policy or certificate, the

amount of insurance, or company writing it, is not satisfactory to the City, the Contractor


20 401.845.5472 (fax 401.846.1121)


shall secure other policies or certificates in form and amount with a company satisfactory to

the City. The Contractor shall not permit policies to be changed, cancelled, or to lapse and all

policies shall include a clause to the effect that the policy shall not be subject to cancellation

of a reduction in the limits of liability or amounts of insurance until notice has been sent by

mail to the City stating when, (not less than thirty (30) days thereafter) such cancellation or

reduction shall be effective. All certificates of insurance shall be delivered to the City and

contain true transcripts for the policy or policies authenticated by the proper officer of the

insurer evidencing in particular, those insured, the extent of the insurance, the location and

operation to which the insurance applies, the expiration date and the above mentioned

notice as to the location and operations involved.

If any part of the work is sublet, similar insurance shall be provided by or in behalf of the

subcontractor to cover their operations. The Contractor shall be charged with the

responsibility for insurance protection for all his subcontract operations and should the

Contractor's policy not cover each and every subcontractor, certificates of insurance

acceptable to the City covering each and every subcontractor shall be filed with the City prior

to the commencement of subcontract operations.

(b) Contractor's LiabilitY,lnsurance.

Liability insurance shall include all major divisions of coverage and be on a comprehensive

general liability basis including:

Premises - Operations (including X-C-U)

Independent Contractor's Protective

Products and Completed Operations

Blanket Contractual

Owned, Non-owned and Hired Motor Vehicle

Broad Form Coverage for Property Damage (including explosion, collapse, and underground)

(c) The insurance required by this Subparagraph (b) shall be written for not less that the

following, or grater if required by Law:

(1) Worker's Compensation:


21 401.845.5472 (fax 401.846.1121)


a. State of Rhode Island - Statutory

b. Employer's Liability

(2) Comprehensive General Liability (including Premises Operations; Independent

Contractor's Protective; Products and Completed Operations, Broad Form Property

Damage);

a. Bodily Injury:



b. Property Damage



c. Products and Completed Operations to be maintained for one (1) year after final

payment.

d. Property Damage Liability will provide X, C, or U coverage as applicable.

(3) Contractor's Liability:

a. Bodily Injury:


b. Property Damage:



(4) Personal Injury, with Employment Exclusion deleted:


(5) Comprehensive Automobile Liability:

a. Body Injury:

$500,000 - Each Occurrence


b. Property Damage:



22 401.845.5472 (fax 401.846.1121)


a) Insurance Covering Special Hazards: Special Hazards shall be covered by rider or

riders to the Public Liability and Property Damage Insurance policy or policies herein above

required to be furnished by the Contractor or by separate policies of insurance in the amounts

stated in Paragraph 5(b).

(1) Property Damage Liability arising out of the collapse of or injury to any building or

structure due to excavation (including burrowing, filling or back-filling in connection

therewith), tunneling, pile driving, cofferdam work or caisson work; or moving, shoring,

underpinning, razing, or demolition of any building or structure, or removal or

rebuilding of any structural support thereof.

(2) Property Damage Liability for' injury to or destruction of property arising directly or

indirectly from blasting or explosions, however caused, other than explosions of air or

steam vessels, piping under pressure, prime movers, machinery, or power transmitting

equipment.

(3) Property Damage Liability for injury to destruction of wires, conduits, pipes, mains,

sewers, or other similar property, or any apparatus in connection therewith below the

surface of the ground arising form and during the use of mechanical equipment for the

purpose of excavating or drilling within project limits; injury to or destruction of

property at any time resulting therefrom.

(4) The Contractor shall require similar insurance in such amounts to be taken out and

maintained by each and every Subcontractor.

ARTICLE 24 - SURETY BONDS

The Contractor shall be licensed to do business in the State of Rhode Island and shall furnish

separate performance and payment bonds to the City. Each bond shall set forth a penal sum

in the amount of not less than the Contract Price. Each bond furnished by the Contractor

shall incorporate by reference the terms of this Contract, as fully as through they were set

forth verbatim in such bonds. In the event the Contract Price is adjusted by Change Order

executed by the Contractor, the penal sum of both the performance bond and the payment

bond shall be deemed increased by that amount. The performance and payment bonds


23 401.845.5472 (fax 401.846.1121)


furnished by the Contractor shall be in the form suitable to the City and shall be executed by

a surety, or sureties, reasonably acceptable to the City,

ARTICLE 25 - PATENTSThe Contractor shall pay all applicable royalties and license fees. The Contractor shall defend

all suites or claims for infringement of any patent rights, and save the City harmless from loss

on account thereof, except that the City shall be responsible for any such loss on when a

particular process, design, or product of a manufacturer(s) is specified. However, if the

Contractor has reason to believe that the design, process or product specified is an

infringement of a patent, the Contractor shall be responsible for such loss unless the

Contractor promptly gives such information to the City.

ARTICLE 26 - APPRENTICESApprentices shall be permitted to work only under a bona fide apprenticeship program

registered with a State Apprenticeship Council, which is recognized by the Federal Committee

of Apprenticeship, United States Department of Labor; or if no such Council exists in a State,

under a program registered with the Bureau of Apprenticeship, United States Department of

Labor.

ARTICLE 27 - ASSIGNMENTSThe Contractor shall not assign the whole or any part of this Contract or any monies due or to

become due hereunder, without the written consent of the City.

In case the Contractor assigns all or any part of any monies due or to become due under this

Contract, the instrument of assignment shall contain a clause substantially to the effect that

is agreed that the right of the assignee in and to any monies due or to become due to the

Contractor shall be subject to prior claims of all persons, firms or corporations for services

rendered or materials supplied for the performance of the work called for in this Contract.

ARTICLE 28 - APPLICABLE LAWThe Law is hereby agreed to be the law of the State where the Project is situated.

ARTICLE 29 - SUCCESSORS AND ASSIGNEESEach party binds itself, its successors, assignees, executors, administrators, or other

representatives to the other party hereto and to successors, assigns executors,


24 401.845.5472 (fax 401.846.1121)


administrators or other representatives of such party in connection with all terms and

conditions ofthis Contract.

CITY

The City of Newport

City Hall

43 Broadway

Newport, RI 02840

By:

(Signature)

Stephen C. Waluk . Mayor

(Date of Execution)

Approved as to Form:

Joseph J. Nicholson, Jr.; EsqCity Solicitor


25

CONTRACTOR

Alhambra Building Company

2077 Elmwood Avenue

Warwick, RI 02888

By:

(Signature)

Donald Ihlefeld, President

(Date of Execution)

(Date of Approval)

401.845.5472 (fax 401.846.1121)

CommlUlication # 4933/11Docket Date: December 14, 2011

City of Newport



RECOMMENDATION:

Mayor Stephen C. Waluk & Mem~e of the City ConncilEdward F. Lavallee, City Manage __-December 7,2011 '-'Transfer of Funds-Amendment to Roadway Improvement Contract-Waites WharfWilliam R. Riccio, Jr., PE, Public Services Director

The Department of Public Services recommends amending the existing contract with Narragansett Improvement. Co. inthe amount of $20,316.32 by transferring unexpended funds from the completed 20IIchip seal program to the 2011resurfacing program for purposes of completing roadway repairs in anticipation of the America's Cup and Tall Shipevents in 2012.


Waites Wharf is a targeted location/venue for the proposed Tall Ship event to be held in the City of Newport in earlyJuly 2012. Due to its existing condition, roadway repairs were found to be necessary; however, it was determined thatNational Grid would need to install a new gas main to perform the work. National Grid's cooperation in advancing thiswork along with favorable weather conditions has allowed an adequate window to complete the work prior to the shutdown of the construction season. Although adequate funds were not available in the existing roadway improvementcontract account to complete the entire roadway, unused appropriated funds remain in the City's chip seal programaccount in the amount of$20,316.32 which can be utilized toward this roadway's completion.


FISCAL IMPACT

l Currently Budgeted (Account: 11-400-01450-50225) _ Needs additional appropriation_ No fiscal impact

SUPPORTING DOCUMENTSResolution


THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No .

NOW THEREFORE, BE IT RESOLVED: That the NewportCity Council approves amending the existing contract (#with Narragansett Improvement Co. for roadwayimprovements in the amount of $20,316.32 for a newcontract not to exceed total of $1,042,522.67 thru thetransfer of unused funds from PO 19199 to PO 19404 forpurposes of completing road repairs to Waites Wharf inanticipation of 2012 events.




City of NewportREQUEST FOR CITY COUNCIL ACTION


Staff Presentation:

Mayor Stephen C. Walnk & Memb~fthe City ConncilEdward F. Lavallee, City ManagerDecember 7, 2011 .Supplemental Agreement - Bid # II-OS8-Historic Paviug Program -AdditionalSidewalk Improvement LocationsWilliam R. Riccio, Jr., PE, Public Services Director

RECOMMENDATION:The Department of Public Services recommends approval of a supplemental contract agreement in accordance withSection XI of the subject contract in order to perform further bluestone sidewalk improvements in the City of Newport.It is recommended that the supplemental agreement extend the contract date to June 30, 2012 which will extend the unitprices previously approved by the City Council in Resolution 2011-059.

BACKGROUND AND FINDINGS:Public Services has identified several areas throughout the City that currently have bluestone sidewalks in need of repair.These sections of sidewalk are similar to those installed as part of the Washington Square project. Public Servicesrecommend using the current Washington Square contract to complete repairs in these other areas. The benefits of thisagreement are that it will allow the City to use volume pricing for the specialized bluestone work from a contractor thathas displayed a high level of professionalism and skill.•In accordance with the existing contract #11-058, in particular, Section XI, Supplemental Agreements, page 15, the Cityof Newport may enter into a supplemental agreement with the existing contractor, Manuel R. Pavao Contractor,Incorporated (Pavao), in order to change the extent of work outlined in the contract as well as the contract expirationdate. The current contract expires on December 31, 20 II. Under the conditions of the award of the existing contract, theCity Council approved the unit prices included within the bid for use in the improvement of the City's sidewalks.Entering into a supplemental agreement at this time will enable the City to extend the completion date of the existingcontract to the end of the 2012 calendar year while, thus allowing the City to extend the approved pricing of the originalcontract of the Historic Paving Program - Washington Square Phase 3 to other areas within the City. The supplementalagreement would increase the current contract by a value not to exceed $160,000, plus an additional $15,000 for policedetails. The locations of these bluestone sidewalk improvements are provided below:

• Bellevue Avenue, Redwood Street to Old Beach Road (in front ofRedwood Library)• Touro Street, Mount Vernon Street to Whitfield Place• Thames Street, Franklin Street to Prospect Hill Street

With respect to the existing contractor, Pavao, the Department ofPublic Services has noted their work quality, ethic, andprofessionalism and developed an excellent working relationship with this contractor which has allowed the City toadvance the objective of improving our City's sidewalk network in an orderly and professional manner. The City hasreceived many compliments regarding this contractor for both this sidewalk contract and their work on the WashingtonSquare project from the residents of our community with respect to the contractor's work quality and professionaldemeanor. Extending this contract by supplemental agreement will be extremely beneficial to the City's overall sidewalkimprovement program.

The work will begin in Spring 2012, as soon as weather allows which allows for completion prior to America's CupRaces and Tall Ships events.

PREVIOUS LEGISLATIVE ACTIONResolution 2011-059

FISCAL IMPACT----X- Currently Budgeted (Account 11-400-01450-50225) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionSupplemental Agreement


THE CITY OF NEWPORT

RESOLUTION

.IOF THE

COUNCIL

No .

WHEREAS: The Newport City Council approved Contract No.11-058 for Historic Paving Program - Washington SquarePhase 3, in partnership with the Rhode Island Departmentof Transportation (RIDOT), via Resolution 2011-059,dated April 13, 2011; and

WHEREAS: The Department of Public Services recommendsextending the existing contract prices via asupplemental agreement per Section XI of the existingcontract in order to efficiently advance the objectivesof the city's infrastructure improvement program.

NOW, THEREFORE, BE IT RESOLVED: that the City Councilauthorizes an increase to the existing contract in theamount of $160,000 for a new not to exceed total of$1,182,200 under the existing contract 11-058 withManuel R. Pavao Contractors Incorporated and extends theperformance date to June 30, 2012 plus an additional$15,000 for police details.

AND BE IT FURTHER RESOLVED: That the Mayor isauthorized to sign on behalf of the City a supplementalagreement, upon favorable review by the City Solicitor'sOffice with Manuel R. Pavao Contractors Incorporated, ofRehoboth, MA in order to incorporate additional worklocations and associated funds to the existing contract.



SUPPLEMENTAL AGREEMENT TO CONTRACT 11-058

By and between

CITY OF NEWPORT and MANUEL R. PAVAO CONTRACTOR INC.

This supplemental agreement is made and entered into by the associated parties in accordancewith Section XI, SUPPLEMENTAL AGREEMENTS, of said contract 11-058 in order to extendunit prices per the existing contract in order to perform additional sidewalk improvements withinthe City of Newport per all existing contract language as contained within Contract 11-058 asdated March 31, 2011. The associated dollar amount of the additional sidewalk improvementsshall not exceed one hundred sixty thousand dollars ($160,000.00.)

IN WITNESS HEREOF, the said parties hereto have caused this instrument to be signed by theirduly constituted officers, attested, and sealed pursuant to proper resolutions.

By:Party of the First Part (Signature)

Witness

Witness

Approved as to form by:


By;

Stephen C. Waluk, Mayor, City of Newport

Party of the Second Part (Signature)

Printed Name and Title

THE CITY OF NEWPORT

RESOLUTION

OF THE

·. '. -," ".,;, ... :.,"" ~';"-,,. .•... : . COUNCIL

No...?<?n:.!?~.

' .....

WHEREAS: The City of Newport, in.partnership with theRhode Island Department of Transportation (RIDOT), hassolicited and received construction bids associatedwith the Washington Square Phase 3 ConstructionProject; and

WHEREAS: The State of Rhode Island, through the RIDOTEnhancement Funding Program, has provided funding forthis project; and

WHEREAS: The City of Newport's Department of PublicServices has reviewed the bids and has recommendedaward of the construction project to the low bidder,Manuel R. Pavao Contractor, Incorporated, of Rehoboth,MA, at the amount of the low base bid ($1,042,663.25)plus a ten percent (10%) contingency, for a not toexceed total of $1,0224 200.00, plus an additional$124,800.00 for police details.

NOW THEREFORE BE IT RESOLVED: that the bid of ManuelR. Pavao Contractor, Incorporated, of Rehoboth, MA, ishereby accepted at a total not to exceed cost of$1,022,200.00 and the Mayor is authorized to sign saidcontract on behalf of the City, sUbject to favorablereview by the City Solicitor and the total projectcost, including $124,800.00 for police detail expense,in the amount of $1,147,000.00 is hereby approved.


;;;~~ ,/K~~leen M. ~ilV~

City Clerk


City of Newport


To:From:Date:Subject:Staff Preseutation:

Mayor Stephen C. Waluk & Me~/,~~,!:,!he City CouncilEdward F. Lavallee, City Manag rDecember 7, 2011Supplemental Agreement - Bid # 11-034 - 2011 Sidewalk RestorationWilliam R. Riccio, Jr., PE, Public Services Director

RECOMMENDATION:The Department of Pnblic Services recommends approval of a supplemental contract agreemeut in accordance withSectiou XI of the subject coutract in order to perfonn further sidewalk improvements in the City of Newport, It isrecommended that the supplemental agreement extend the contract date to June 30, 2012 which will extend the unitprices previously approved by the Newport City Council in Resolution 2011-028,

BACKGROUND AND FINDINGS:In accordance with the existing contract #11-034, in particular, Section XI, Supplemental Agreements, page 30, the Cityof Newport may enter into a supplemental agreemeut with the existing contractor, Manuel R, Pavao Contractor,Incorporated, in order to change the extent of work outlined in the contract as well as the contract expiration date, Thecurrent contract expires on October 31, 2011. Under the conditions of the award of the existing contract, the CityCouncil approved the unit prices included within the bid for use in the improvement of the City's sidewalks, Enteringinto a supplemental agreement at this time will enable the City to extend the completion date of the existing contract tocoincide with the front end of the 2012 construction season while allowing the City of Newport to extend the sidewalkimprovement program for the 2012 construction season at the approved pricing of the original contract. Thesupplemental agreement would increase the current contract by a value not to exceed $200,000, plus an additional$20,000 for police details,

With respect to the existing contractor, Manuel R. Pavao, the Department of Public Services has noted their workquality, ethic, and professionalism and developed an excellent working relationship with this contractor which hasallowed the City to advance the objective of improving our City's sidewalk network in an orderly and professionalmanner with zero claims or change orders during the process, The City has received many compliments regarding thiscontractor for both this sidewalk contract and their work on the Washington Square project from the residents of ourcommunity with respect to the contractor's work quality and professional demeanor. Parvao perfonned the 2011 contractwork very quickly in advance of the Washington Square effort so they have shown that they can perfonn efficiently,Extending this contract by supplemental agreement will be extremely beneficial to the City's overall sidewalkimprovement program as well as the public's perceptiou of the City as it prepares for the America's Cup Races and TallShips events of2012,


FISCAL IMPACT-L Currently Budgeted (Account 11-400-01450-50225) _ Requires additional appropriation _ No Fiscal Impact

SUPPORTING DOCUMENTSResolutionSidewalk LocationsSupplemental Agreement


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

WHEREAS: The Newport City Council approved Contract No.11-034 for Sidewalk Restoration via Resolution 2011-028,dated February 23, 2011; and

WHEREAS: The Department of Public Services recommendsextending the existing contract prices via asupplemental agreement per Section XI of the existingcontract in order to efficiently advance the objectivesof the city's infrastructure improvement program.

NOW, THEREFORE, BE IT RESOLVED: that the City councilauthorizes an increase to the existing contract in theamount of $200,000 for a new not to exceed total of$434,821 under the existing contract 11-034 with ManuelR. Pavao Contractors Incorporated and extends theperformance date to June 21, 2012 plus an additional$20,000 for police details.

AND BE IT FURTHER RESOLVED: That the Mayor isauthorized to sign on behalf of the City a supplementalagreement, upon ·favorable review by the City Solicitor'sOffice with Manuel R. Pavao Contractors Incorporated, ofRehoboth, MA in order to incorporate additional worklocations and associated funds to the existing contract.



SUPPLEMENTAL AGREEMENT TO CONTRACT 11-034

By and between

CITY OF NEWPORT and MANUEL R. PAVAO CONTRACTOR lNC.

This supplemental agreement is made and entered into by the associated parties in accordancewith Section XI, SUPPLEMENTAL AGREEMENTS, of said contract 11-034 in order to extendunit prices per the existing contract in order to perform additional sidewalk improvements withinthe City of Newport per all existing contract language as contained within Contract 11-034 asdated January 26, 2011. The associated dollar amount of the additional sidewalk improvementsshall not exceed two hundred thousand dollars ($200,000.00.)

IN WITNESS HEREOF, the said parties hereto have caused this instrument to be signed by theirduly constituted officers, attested, and sealed pursuant to proper resolutions.

By:Party of the First Part (Signature)

Witness

Witness

Approved as to form by:


By:

Stephen C. Waluk, Mayor, City ofNewport

Party of the Second Part (Signature)

Printed Name and Title

2012 Sidewalk Improvement Locations

Location Limit 1 Limit 2 Side

Spring Street Pope Street Howard Street WSpring Street Howard Street Young Street WThames Street Dean Street Lee Street EThames Street Lee Street McAllister Street EGreene Lane Broadway End N/SCarroll Avenue Thames Street Bateman Avenue E/WWellington Avenue Thames Street Treatment Plant NGibbs Avenue Memorial Boulevard Old Beach Road ECanonicus Avenue Broadway Apthorp Avenue SMarchant Street Harrison Avenue Atlantic Street WAtlantic Street Carroll Avenue Houston Avenue . N/S

THE CITY OF NEWPORT

RESOLUTIONOF THE

COUNCIL

No. .~~.n~~~.~....

WHEREAS: The Director of Public services requestedsealed bids for Sidewalk Restoration, Bid #11-034 withbids received on 26 January 2011; and

WHEREAS: Award has been recommended to the lowest,qualified bidder being Manuel R. Pavao Contractor,Incorporated, of Fall River, MA at their unit prices asfollows:

1 Furnish & Inatall 4" Bituminous Concrete Pavement2 Furniah & Install 5 11 Portland Cement Concrete sidewalk3 Furnish & Install 6 11 Portland Cement Concrete Sidewalk4 Furnish & Install Class B Portland Cement Concrete5 Furniah &: Install Stone Dust Tree Well6 Remove & Reset Bxisting Curb7 Remove & Stockpile Existing Curb8 Furnish & Inatall New Granite Curbing9 Furnish &: Install Catch Basin Roof and Inlet Stone10 RemOve &: Reset Brick Sidewalk .11 Polioe Details12 Modify Catch Basin13 Remove & Reset Frames and Covers/Grates14 Remove & Reset Service Boxes15 Furnish & Install New Service Boxes16 Furnish & Install Deteotable Warning System17 Furnish & Install 4 II Loam and Seed18 Furnish & Install Gravel Borrow

$150.00 per Ton$51. 00 per Square Yard$58.00 per Square Yard$120.00per CUbic Yard$45.00 per CUbic Yard$16.00 per Linear Foot$1. 00 per Linear Foot$32.00 per Linear Foot$900.00 per Each$140.00 per Square Yard$50.00 per Hour$550.00 per Each$135.00 per Each$75.00 per Each$125.00 per Each$15.00 per Square Foot$10.00 per square Yard$25.00 per Cubic Yard

NOW, THEREFORE, BE IT RESOLVED: that the unit price bidof Manuel R. Pavao. Contractor, Incorporated, is herebyaccepted at a total NTE cost of $234,821 and the Mayoris authorized to· sign said contract on behalf of theCity, subject to favorable review by the City Solicitorand the total project cost, including $8,000 for PoliceDetail expense, in the amount of $242,821.00 is herebyapproved.

IN COUNCILREAD AND PASSEDFebruary 23, 2011


City of Newport



Mayor Stephen C. Walnk & Memi;fpfthe City CouncilEdward F. Lavallee, City ManageDecember I, 2011Waste Management Transfer Station Use AgreementWilliam R. Riccio, Jr., PE, Director of Public Services

RECOMMENDATION:The Department ofPublic Services recommends approval of an 18 month Waste Transfer Station Use Agreement withWaste Management. The agreement period will be from January 1,2012 to June 30, 2013.

BACKGR.OUND AND FINDINGS:The existing transfer station use agreement between Waste Management and the City of Newport requires updating. Thepurpose of this agreement is to establish a set of guidelines for residents to deliver household refuse, bulky waste andappliances as well as recyclables and yard waste to the transfer station. Waste Management receives, loads and transfersthe materials to the Central Landfill under the existing service contract with the City of Newport.

Under this program, residential property owners can bring two loads of trash material, up to 500 pounds for each, twiceper fiscal year, free of charge. The Residential property owners show a water or tax bill to show proof of residentialproperty ownership to the transfer station attendant. The transfer station attendant keeps track of usage by using a tax rollspreadsheet provided by the Tax Assessor's office. Residential property owners must also provide a driver's license orlegal proof of identity. The fee for this service to the City will remain at $15.00 per ton until June 30, 2012 and increaseto $25.00 per ton from July I, 2012 until June 30, 2013 under the agreement. The current rate of $15.00 has been inplace since 2003. In FYIO, the city paid for 198.1 tons at a cost of $2,971.50 and in FYll, paid for 133.1 tons at a costof $1,996.50. Based on this data, the estimated program cost will be approximately $3,000.00 in FYI2 and $5,500.00 inFY13, due to the increased rate of$25/ton.

Newport property owners and residents find benefit in the transfer station program, despite the current extensivecurbside collection program. This prograru is utilized during yard cleanups where residents might have more bags thanallotted in one week, when they are moving and throwing away a large amount of material, cleaning out their basementor attic, or when doing home renovation projects themselves. In addition to the two trips provided through this program,Newport residents will be allowed to use Waste Management Inc.'s transfer station at a 30% discounted rate. Thecurrent tip fee for trash and construction debris is $138.00 per ton with a minimum load weight of 1,000lbs, whichequates to a minimum charge of $48.30 with the 30% discount. Newport residents can also bring mixed recyclables,paper and cardboard, free of charge. This is a great benefit to the residents that live in dwellings with over 8 units thatcannot recycle through the residential prograru and to the many people that move to Newport and have large amounts ofcardboard and packing paper to recycle.


FISCAL IMPACT.1L Currently Budgeted (Account 11-400-1550-50256)

SUPPORTING DOCUMENTSResolutionWaste Transfer Station Use AgreementResolution 2003-189

Requires additional appropriation No Fiscal Impact


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No .

NOW THEREFORE, BE IT RESOLVED: That the NewportCity Council approves the agreement by and betweenWaste Management and the City of Newport to provide thefollowing services for the period from January 1, 2012through June 30, 2013 and authorizes the Mayor to signsaid agreement upon review and approval of the citysolicitor:

Use of the Waste Management North Halsey Streetwaste transfer station by Newport residents with the costof two (2) five hundred (500) pound loads per year to bepaid for by the City of Newport.

Use of the Waste Management North Halsey Streetwaste transfer station by Newport residents at a 30percent discounted rate for all loads above the two loadspaid for through the City funded program.



",'''".

THE CITY OF NEWPORT·

RESOLUTION

OFTBE

COUNCIL

No, ..7,9.9.~,7J.~ ,9

-in; .

RE:SOLVED: that the Mayor be authorized to sign the.cont~act between the City of Newport and WasteManagement of Rhode Island Inc. to provide thefollowing services for the period of December1, 2003 through September 30, 2006, uponreview of the City Solicitor's Office:

Use of the Company's North· Halsey streetwaste transfer station by Newport residentswith the cost of two (21 five hundred (500lb.) ·pound loads per year to be paid for bythe City of Newport.

Use of the Company's North HalSey Streetwaste transfer station by Newport residentsat a thirty (30%) percent discounted ratefor all loads brought to the. transferstation by residents, in· addition to theloads paid for through the· City fundedprogram.

IN COUNCIL

READ AND pASSED

~7JJ.~Kath eenM: silviaCity Clerk

WASTE TRANSFER STATION USE AGREEMENT

THIS WASTE TRANSFER STAnON USE AGREEMENT is made andEntered into this day of ,2011 between the City ofNewport,Rhode Island (the "City") and Waste Management of Rhode Island Inc. aCorporation organized and existing under the laws of the State of Delaware andAuthorized to do business in the State of Rhode Island (the "Company").

RECITALS

The City desires to receive, and the Company desires to provide services for theReceipt, loading and transfer of waste and recyclable materials for City residents atA facility located within the city limits, under the terms of this Agreement.

NOW, THEREFORE, in consideration ofthe mutual covenants herein continuedThe parties hereto, intended to be legally bound, agree as follows:

Section 1. Warranties and Representations of the Company:

The Company warrants and represents to the City that is has familiarized itselfWith the general layout of the City and the state and local conditions affecting itsAbility to perform its obligations under this Agreement.

Section 2. Scope of Services:

The Company shall provide the following solid waste transfer and collection andRemoval services:

TRANSFER STATION USE BY NEWPORT RESIDENTS:The Company will allow Newport residents authorized by the City to deliverHousehold refuse, household bulky waste and appliances, residential yard WasteAndlor recyclable materials to its Halsey Street transfer station in quantitiesDetermined by the City. The Company will receive, load and transfer theAcceptable waste and/or recyclables to the Rhode Island Resource RecoveryCorporation landfill in Johnston, Rhode Island under the City's disposal account.

The City shall be charged for the use of the transfer station in accordance with theRates listed in Section 18. The Company shall maintain a log of residents usingThis service. Said log shall include the date of delivery, name and address of theResident or property owner, verification that identification was presented, weightAnd type ofmaterial(s) delivered, and the ticket number from the City authorizedTicket issued to the resident. Said log will be submitted to the City on a weeklyBasis. The City shall designate in writing the maximum weight of material to beAccepted from a resident bearing the City issued ticket.

Residents shall also be required to present a valid driver's license showing theirI

Current Newport address. Property owners, who do not reside in Newport, mustShow a valid driver's license and a copy of their most recent tax bill showing theirName as the owner of the property and the address oftheir Newport property.

Additionally, the Company will allow Newport residents to use its Halsey Street,Newport facility for loads of material beyond those for which the City will beFinancially obligated under this Agreement, at a discounted rate as described inSection 19.

Section 3. General Provisions Governing Services.

Acceptance and transfer ofhousehold refuse, household bulky waste andAppliances, residential yard waste and recyclable materials by Newport residentsUnder this Agreement shall be conducted by the Company under the supervisionOf the Director of Public Services of the City and shall be carried out in accordanceWith current city ordinances and regulations.

The Company's transfer station will be available for use by City residents underthis agreement during the hours that the transfer station is open for use by theCompany's commercial customers.

Notwithstanding the foregoing, the Company shall be relieved of anyresponsibility and/or liability as a result of the supervisory services ofthe DirectorOf Public Services. The Company shall be deemed an independent contractor for allPurposes under this Agreement.

Solid waste, bulky waste, appliances, recyclable materials and yard waste ofIndustries or non-authorized commercial establishments shall not be accepted by the CompanyUnder the terms of this Agreement. Debris from remodeling, construction orDemolition projects performed by private contractors shall not be accepted by theCompany under this Agreement. Under no circumstances shall commercial wasteBe collected under this Agreement. Should the Company suspect that materialsBrought into the transfer station by a resident under this Agreement is commercialWaste the City will be contacted so that a City official may investigate andOfficially notify the person(s) requesting the service or the Company that theMaterial is deemed inappropriate under the provision's of this Agreement or inViolation ofCity Ordinance.

In the event the Company damages property of any of the residents of the City orOfproperty belonging to the City while engaged in work under this Agreement,The Company will fully compensate the owner of said property for the cost of theRepairs to said property or restore said damaged property to its original conditionBefore the damage. If the Company fails to make such adjustments, the cost ofSame shall be deducted from the first payment due to the Company from and afterThe date of the damage.

The company shall not be required to operate on days when ice and/or snowConditions deem the roads unsafe for travel by transfer vehicles. A Designee of

2

The Company and the City's Director of Public Services or his/her designee mustMutually agree upon these conditions. If it is determined that operations will beSuspended for that day, the Company will inform the local news media as soon asPossible.

The primary disposal site for the majority of wastes to be collected under thisAgreement will be the Rhode Island Resource Recovery Corporation site inJohnston, Rhode Island. Should an alternate site be selected for the primaryDisposal site or for other selected materials that are closer to the City thanJohnston, Rhode Island a lower hauling cost will be negotiated between the CityAnd the Company.

The Company shall obtain and maintain all required manifests, invoices, logs,Records, etc for at least a period of three (3) years following the termination of theAgreement (or longer period prescribed by law). The Company shall also supplyThe City with copies or originals or copies of documents shall not relieve theCompany of its record keeping responsibility.

Section 4 Missed Collections and Customer Relations

If at any time, the Company refuses or neglects to accept refuse, householdAppliances, residential yard waste and/or recyclable materials in accordance withThe terms of this Agreement, then in that event the City may declare thisAgreement terminated and at end.However, the Company shall not be held responsible, if its non-compliance isDue solely to fire, or an Act of God.

The City reserves the right to withhold payment either temporarily or permanentlyUntil issues of non-compliance with regard to collection, until such issues areResolved to the satisfaction ofthe City.

Section 5 Equipment Requirements:

General: The Company shall provide and maintain during the entire period ofThis Agreement, equipment sufficient in number and capacity to perform the workAnd render the service required by this Agreement. The equipment must containSolid waste, yard waste, bulky waste and recyclables so that no material is spilled,Leaked or blown from the vehicle while stored at the Company's facility or duringIts transit to the appropriate disposal site as specified by the City.

The Company shall maintain its transfer facility in such a manner so as to avoidProperty damage to residents' vehicles as a result of loose debris and nails

Appearance and Cleanliness: the City shall approve all equipment used by theCompany. Equipment must be washed and painted frequently enough to maintainA positive public image and minimize complaints from residents.

Safety and Maintenance: All equipment must be maintained and operated by theCompany in compliance with all local, state, and federal statues, ordinances andRegulations and the Company shall assume responsibility for the safety ofthe

3

Company's employees and users of its transfer station. A maintenance log mustBe kept and be available to the City on request. The Company shall assess a feeOf fifteen dollars ($15) on any load brought to the transfer station, which is notCovered and secured.

The Company shall make every effort to insure that offensive odors at its transferStation facility are controlled.

Licensing and Inspection: The Company shall obtain and maintain all applicableLicenses and permits and have all equipment inspected by the City prior toCommencement of service and on an armual basis. All such licenses and permitsShall be paid for the maintained by the Company continuously for the term of thisAgreement.

The Company shall provide the City's Director of Public Services with a list ofEquipment used in performance of this Agreement. The Company shall employThe equipment listed or substantial equivalent approved by the City's Clean CityProgram Office. This list will be kept on file with the Company and with theCity's clean City Program Office and will be updated by the Company shouldAny changes made as they occur to the original list.

All collection and transfer vehicles will be approved for use at the Rhode IslandResource Recovery Corporation or other City designated disposal site. TheCompany shall have all vehicles certified for use at the City's designated disposalSite(s) should it be a requirement of the disposal site.

Scale calibration: Scales to be used under this Agreement shall be calibrated andCertified by the State of Rhode Island and certification documents will be provided to theCity within five days of receipt.

Weighing of vehicles:Company vehicles: The Company shall establish the tare weight of each of theCompany's transfer vehicles used under this Agreement. This will be done onCertified scales and in the presence of a representative of the City and/or the State.Said vehicle shall be loaded at the time of weighing with approximately half of itsfuel capacity, the containers that will be used for transfer, and the driver whonormally drives the vehicle. .

Residents' vehicles: The Company shall weigh each vehicle load of materialWhich is brought in to the transfer station by a resident as part of this AgreementAnd submit scales receipt to the City on a weekly basis. Weighing will beConducted so as to permit separate determination of the weight of each type ofMaterial to be disposed of. All weighing records must be kept by the CompanyAnd must be certifiable by the scale master where the vehicle was weighed.

If the Company is determined by the City to be disposing of material improperlyOr charging incorrect amounts based on the actual tonnage, the City shall bePermitted to terminate the contract and/or take other corrective measures at theCity's sole option, such action by the City shall not constitute a waiver of anyOther right or remedy the City may have.

4

Section 6. Personnel Requirements:

EmployeeTraining: The Company shall train all personnel with responsibilitiesUnder this agreement and pertinent requirements specified in City ordinance andThe conditions of this Agreement, before the Company allows the employee toPerform any work under this Agreement.

Compliance With Applicable Ordinances and Laws: the Company shallComply with all applicable federal, state and local laws, ordinances, rules andRegulations pertaining to employees and employment.

Section 7. Company Requirements.

Records and Reports: The Company shall maintain records and reports requiredBy the City, including all record keeping and reporting necessary for the City.

Company shall provide copies of all required reports to the City on a weeklyBasis. Company shall also promptly respond to requests related to record andReports, which are directly pertinent to this Agreement and shall provide suchInformation as may be required by the State to fulfill reimbursement requests.

Meetings and Project Coordination: As scheduled by the City or at theCompany's request, the Company and a representative of the City will meet toDiscuss contract service status or special projects as needed, as often as once aMonth.

News Releases: New releases pertaining to this Agreement or the services toWhich it relates will not be made by the Company without prior approval by, andThen only in coordination with the City.

Replacement of Qualified Managers: The Company shall maintain at all timesIn its employment qualified manager(s). Should a qualified manager terminateEmployment with the Company and if no other qualified employee is thenEmployed by the Company to supervise the work under this Agreement, theCompany shall hire, within fifteen (15) business days of said termination, aQualified manager.

Section 8. Additional Company Requirements: No subcontractViolations and liquidated damages:

Company's Office and Representative: The customer service phone number forThis Agreement shall be the same phone number used by the Company under theConditions of the Solid Waste Master Agreement. The Company shall maintain aListed Newport telephone number and shall furnish a responsible representative(exclusive of an answering machine) to answer callsbetween 8am and 5pm., Monday through Friday, to receive and adjustcomplaints and reports of deficiencies from residents and the City's Director ofPublic Services or his/her authorized representative. The Company's representativeShall be authorized to provide sufficient personnel and/or equipment to correct

5

Deficiencies in accordance with the provisions of this Agreement. InstructionsGiven by the Director of Public Services or his/her authorized representative to theCompany's designated officer, representative, foreman, head workman or hisOffice secretary, shall be considered as having been given to the Company.

Adequate and competent supervision shall be provided at all times, for all workDone by the Company's employees to assure performance and accomplishment inStrict accordance with the provisions of this Agreement. Supervisory tasks shallInclude but not be restricted to the following:

(a) To provide adequate labor force including immediate replacements forPersonnel dismissed for cause or leaving employment oftheir own violation.

(b) To train personnel properly on performing work in accordance with tasks andMethods outlined in this Agreement.

(c) To prevent general carelessness in the receipt, loading and transfer of solid waste,.And to instruct employees to abide by safety rules and regulations for theProtection of City residents and themselves.

Performance by Company-No Subcontract: The Company shall not assign thisAgreement or sublet or sub-contract any of the work encompassed by thisAgreement, other than the transport of materials from the transfer station to Johnston, in wholeor in part without prior formal written approval ofthe Newport City Council.

Contract Violations: The City shall notifY the Company of each complaint orViolation of this Agreement. It shall be the duty of the Company to take whateverSteps necessary to remedy the cause of such complaint or violation.

Remedies: In the event this Agreement is terminated for "cause", or for otherActions that in the reasonable discretion of the City Manager constitute "cause"And remain uocured for a five (5) day period after notice of termination to theCompany, the sole obligation of the City shall be to pay the Company for serviceSatisfactorily performed to the date of termination.

Section 9: Indemnification:

The Company shall hold harmless, defend, and indemnifY the City and itsOfficers, agents and employees against all claims, demands and actions, suits,Actions, proceedings, liabilities, losses, damages, fines, penalties and expenses ofEvery character whatsoever (including all attorneys fees and costs), including, butNot limited to, liability for pollution, environmental or natural resource damage orRestoration, nuisance, hazardous waste liability, bodily injury, sickness and/orDisease, including death, and loss of or damage to property, which may arise outOfthe Company's failure to comply with its obligations uoder this Agreement.

Section 10. Insurance:

The Company shall carry the following insurance at its own expense:

6

A. General: All insurance for this Agreement shall be written by company orCompanies licensed to do business in the State of Rhode Island and acceptable toThe city, authorized to write casualty insurance in the State of Rhode Island and allPolicies or certificates shall be submitted to the City for examination prior toCommencement of operations by the Company. In the event any policy orCertificate, the amount ofthe insurance, or the company writing same are notSatisfactory to the City, the Company shall secure other policies in the form andAmount and with a company satisfactory to the City. The Company shall notPermit policies to be changed, canceled, or to lapse and all policies shall include aClause to the effect that the policy shall not be subject to cancellation or aReduction in the limits of liability or amounts of insurances until notice has beenSent by certified mail to the City stating when (not less than thirty (30) daysThereafter) such cancellation or reduction shall be effective. All certificates ofInsurance shall be delivered to the City and contain true transcripts for the policyOr policies, authenticated by the proper officer ofthe insurer evidencing inParticular those insured, the extent ofthe insurance, the location and operations toWhich the insurance applies, the expiration date and the above-mentioned noticeOf cancellation clause and including the City as additional insured as to theOperations involved.

If any part of the contract is assigned or subcontracted, but only pursuant to theCity's written authorization, the same insurance shall be provided by or in behalfOfthe subcontractors to cover their operations. The Company shall be chargedWith the responsibility for insurance protection for all its subcontract operationsAnd should the Company's policies not cover each and every subcontractor,Certificates of insurance acceptable to the City covering each and everySubcontractor shall be filed with the City prior to commencement of subcontractOperations.

B. WORKER'S COMPENSATION: The Company shall obtain workersCompensation insurance coverage for all of its workers, employees andSubcontractors whether as a carrier-insured employer or a self-insured employer, asProvided by the laws of the State of Rhode Island. The Company shall maintainWorker's compensation insurance coverage for the duration of the Agreement.

In the event the Company's worker's compensation insurance coverage expiresDuring the term of this Agreement, the Company shall renew said insurance,Either as a carrier-insured employer or a self-insured employer, before itsExpiration, and the Company shall provide the City with further certificates ofWorker's compensation insurance renewals of said insurance coverage.

C. COMPREHENSIVE GENERAL COVERAGE LIABILITYAND PROPERTY DAMAGE INCLUDING CONTRACTUAL LIABILITY:

The Company shall maintain general liability and property damage insurance thatProtects the Company and the City and its officers, agents, and employees from anyClaims, demands, actions and suits for damage to property or personal injury,Including death, arising from the company's work under this Agreement:

(1) Bodily injury, including accidental death-each person7

$5,000.00

(2) Bodily injury including accidental death-each occurrence

(3) Property damage-each occurrence

(4) Property damage-aggregate during any 12 month period

(5) Comprehensive Company's Protective Liability, same coverageas in paragraph's (1-4) above.

$5,000.00

$5,000.00

$5,000.00

D. AUTOMOBILE LIABILITY: Comprehensive automobile Liability coveringAll vehicles used by the Company in the course of work including owned, nonOwned and hired:

(1) Bodily injury including accidental death-each person

(2) Bodily injury including accidental death-each occurrence

(3) Property damage-each occurrence

$5,000.00

$5,000.00

$5,000.00

Section 11.

Not Applicable

Section 12.

Surety Bonds:

Equal Opportunity Employer:

The Company shall adhere to the City's Affirmative Action Plan for EqualEmployment Opportunity. Said plan is on file with City's Personnel DirectorAnd the Company warrants and represents it is familiar with the terms of said planAnd shall comply with the plan.

Section 13. Wages and Labor:

The Company shall pay the prevailing wages in this area to all its employeesEngaged work under this contract, if the same are deemed to apply to workConducted under this Agreement.

Section 14. Safety and Health Regulations:

All work contemplated is to be governed, at all times, by applicable provisions ofFederal, State of Rhode Island and City laws, regulations and ordinances.

Section 15. City Responsibilities:

A. The City will make monthly payments to the Company within fifteen (15) calendarDays after the company has submitted invoices for services.

8

B. The City shall publicize collection schedules and materials preparationRequirements

C. The City shall enforce mandatory separation and anti-scavenging ordinances.

D. The City shall work with the Company to identify and resolve service problems.

E. The City shall conduct a public education program.

F. The City shall undertake coordination of holiday collection dates.

Section 16. City reservation of Right to Change Collection Program:

The City reserves the right to implement pay-as-you throw or other type ofVolume based collection program at any time during this agreement. TheCompany will not increase the price ofthis Agreement should a pay-as-you throwProgram be implemented. The Company shall be responsible to adhere to thePolicies as set forth by the City. Materials that have not been properly prepared inAccordance with any pay-as-you throw or other volume-based systems will not beCollected by the Company. The Company shall notify the City of any residentsRefuse that has not been collected because it was not in compliance with describedPay-as-you-throwordinances.

Section 17. Term of Agreement:

This Agreement is for a eighteen (18) month term, commencing January 1,2012, and expiring on June 30, 2013 and shall have a twelve month renewal option on an annualbasis for a maximum of three years thereafter. Said option periods shall be subject to mutualagreement ofthe parties.

The City reserves the right to terminate this Agreement for convenience. ShouldSuch termination be exercised, the city will be liable only for cost incurred priorTo the date of termination.

Section 18. Payment by the City:

The City shall pay the Company as total payment for all household refuse,Household bulky waste and appliances, residential yard waste and recyclableMaterials delivered to its Halsey Street, Newport transfer facility by NewportResidents and loaded and transported under this Agreement as follows:

$15 (Fifteen dollars) per ton for the period ending June 30, 2012. The rate shall be adjusted onJuly 1,2012 to $25 (Twenty Five dollars) per ton. Beginning on July 1,2013 the rates will beadjusted in accordance with the escalation provision contained in the SOLID WASTE MASTERCONTRACT.

The Company shall invoice the City monthly.

The contract price may be renegotiated by the Company in the event the United9

States of America is involved in a war, which effects the price and/or allocation ofFuel. In the event the City and the Company cannot reach an amicable agreementAs to said negotiations, the City and the Company agree that they will submit theMatter to arbitration through the American Arbitration Association. The decisionOf the arbitrator shall be final and binding on the parties.

Section 19. Payment for Excess Loads by Newport Residents:

Residents of the City may deliver household refuse, household bulky waste andAppliances, residential yard waste and/or recyclable materials to the Company'sHalsey Street, Newport transfer station in addition to the loads for which the CityShall be responsible for payment under this Agreement, for a charge that is 30%Less than the regular price charged by the Company for use of the facility with aMinimum weight of 1000lbs. Residents shall pay the Company for these loads atThe time of delivery to the Halsey Street transfer station.

All of the conditions of this Agreement shall also apply to loads of materialBrought into the Company's Halsey Street transfer station by residents for whichThe resident must pay for deposit.

Section 20. Force Majeure:

Neither the City nor the Company shall have breached this Agreement by reasonOf any failure to perform a substantial obligation under the Agreement iftheFailure arises out of causes beyond its control and without its fault or negligence.Such causes may include, without limitation, acts of God or the public enemy,Acts of federal or state government, fires, floods, epidemics, volcanic eruptions,Quarantine restrictions, freight embargoes, and unusually severe weather;Provided however, that whenever the provisions of this section are believed toApply, the party relying thereon shall give prompt written notice to the other partyOf circumstance, the basis for applicability ofthis section and the timeRequired to cure such breach or delay, and the Company and the City shall useReasonable best efforts to agree on appropriate actions under the circumstances.

Section 21. Severability:

If any provision of this Agreement is found to be illegal or unenforceable, thisAgreement nevertheless shall remain in fun force and effect and only the illegalOr unenforceable provision shall be stricken.

Section 22. Rights of City Not Limited:

Nothing in the Agreement shall be interpreted as limiting the rights andObligations of the City in its governmental or regulating capacity.

Section 24. Amendments:

This Agreement shall not be amended except by a written agreement signed byBoth parties.

10

IN WITNESS WHEREOF, the parties have caused this Waste Transfer StationUse Agreement to be executed by their duly authorized representatives as of theDay and year first written above.

WASTE MANAGEMENT OF RHODE ISLAND, INC:

Date: _(Printed name and title)

By:-----:=-:---=-------:---:-:------:--------

(Signature)

Witness: =-:-----:--------:,---;-:;-:------

(Printed name and title)Date: _

(Signature)

CITY OF NEWPORT:

By: --,----__--,------,---- _Mayor Stephen C. Waluk

Date: _

Witness: =-:-----:-__-----:,---;-:;-:- _

(Printed name and title)Date: _

(Signature)

Approved as to Form by:


11


City of Newport



RECOMMENDATION:

Mayor Stephen C. Waluk & Meitfthe City CouncilEdward F. Lavallee, City Manage .-.December 6, 2011 .Parking Ticket Management - Complus Contract Extension

Extend the contract with the current vendor for management of the City's parking ticket issuance system for anadditional six months


The City outsources the compnterized management of the parking ticket issuance and payment system. The currentvendor, Complus Data Innovations, has been the City's ontsource agent for this service for the past twenty years. Thecurrent multi-year agreement is scheduled to expire in June 2012. Typically, it is beneficial to the City to align contractdates with the fiscal year cycle. However, in this case it is in the City's best interest not to interrupt the operation andmanagement of the ticket system in the middle of the sunnner season. During this time the majority of ticket issuanceoccurs. To solicit competitive proposals that could result in a change of vendors during this season would create a majorimpairment to the City's operation. The parking ticket management incorporates an integrated on-line system forencoding ticket issuances, payments, notices and inquiries. The set-up, orientation and testing is complex. To avoid arisk of major disruption of service, the existing contract should be extended to expire December 31, 2012. This willallow for the solicitation of new proposals, and if necessary, the implementation of a new system, during the off-seasonwhen ticket issuance and collection is minimized. In conference with Complus agent Stephen Hittman, Chief FinancialOfficer, the vendor agrees with the strategy and approves the contract extension. All contract conditions will remain thesame during the period of extension

PREVIOUS LEGISLATIVE ACTIONResolution 2006-153 - approval ofcurrent contract

FISCAL IMPACT

_ Currently Budgeted (A"",cc",o",u",n"t ---l) _ Requires additional appropriation No Fiscal Impact

Potentially save the City loss of funding that would occur with the disruption of the existing computerized parking ticketnetwork

SUPPORTING DOCUMENTSResolutionConnnunication from Complus agreeing to 6-month extension period


THE CITY OF NEWPORT

RESOLUTION

OF THE

COUNCIL

No ..

WHEREAS, the City of Newport has a contractual agreement with Complus DataInnovations for the management of the City's parking ticket system;and

WHEREAS, the contract is programmed to expire in the middle of the City'ssummer season; and

WHEREAS, it would be disruptive and costly to change vendors and replace theexisting computerized ticket management network during the City'sheaviest period of ticket issuance. NOW THEREFORE BE IT

RESOLVED: that the Newport City Council authorizes the extension of anagreement with Complus Data Innovations to continue the currentservice for an additional six months, thereby causing the agreement toexpire on December 31, 2012.

IN COUNCIL

READ AND PASSED


Lavallee, Ed

From:Sent:To:Subject:

Importance:

Stephen Hittman <[email protected]>Wednesday, December 07, 201110:40 AMLavallee, EdFW: Re: Contract extension with city of Newport, R.I.

High

As per our conversation a few minutes ago please accept this email as our agreement to extend ourcurrent contract with the City of Newport, RI for six months through December 31,2012.

At your convenience please confirm receipt of this email.

Thank you.

Stephen

Stephen J. HittmanChief Operating OfficerComplus Data Innovations, Inc.560 White Plains RoadTarrytown, New York 10591914-747-1200FAX [email protected] Us Online At:~li~Q...

1

THE CITY OF NEWPORT

RESOLUTION

COUNCIL

No...?9.Q.9;:.U J

WHEREAS: The Director of Administrative Services (Parking) requestedsealed bids for Puking Ticket Collection and Processiag - 1'11«8, BidNumber 07-020. Bids were received on 12 October 2006.

WHEREAS: Award has been recommended to the responsible bidder,meeting all of the specifications of the bid, as follows:

Complus Data Innovations Inc. for the following:

1. Fee of 10% of State of Rhode Island parking ticket collections

2. Fee of 14% of Out of State parking ticket collections (includingout of state DMV fees for Registration Information Searches)

3. Additional processing and management services as offered inthe Complus bid submission ParIdDg Ticket Collectiom aBUllhoce..iug - TillS, Bid Number 07-020.

NOW THEREFORE, BE IT RESOLVED: That the Bid of Complus DataInnovations Inc. is hereby accepted and the Mayor is authorized to signsaid contract on behalf of the City of Newport.


OC~ ') r:; 'li'J"~. ·1 ~" __v'\)

....)..41,&fJ.~rtL:.).~:~u../athleen M. Silvia

City Clerk'

AGREEMENT BETWEEN

CITY OF NEWPORT, RHODE ISLAND (CLIENT)

AND

Complus Data Innovations

DATED: 30 December 2006

This Agreement pertains to the Ticket Management System (TMS) to be used by theCLIENT for the processing of parking tickets, and as detailed in the Request forProposal (RFP) document submitted per City of Newport solicitation 07-020, due 12October 2006, authorized by Newport City Council Resolution 2006-153, and byreference is hereby. incorporated into this agreement. The Terms and Conditions are asfollows:

I. COMPLUS will provide all equipment listed on Schedule I, attached to thisAgreement. The CLIENT acknowledges that this equipment is the property ofCOMPLUS and agrees to exercise reasonable care of said equipment while in itspossession.

II. COMPLUS will be responsible for the maintenance, repairs, and replacement ofsaid equipment resulting from normal use. Repairs, which in the opinion of theoriginal manufacturer or authorized repair facility are required as a result of anaccident, neglect, or misuse of the equipment shall be made at the sole expense ofthe CLIENT.

III. COMPLUS will provide remote access to its computer via a dedicated digitaltelephone transmission line. Access time will be 24 hours per day, Mondaythrough Friday, with the exception of 12:00 AM until 2:00 AM Eastern StandardTime.

IV. COMPLUS will be responsible for the initial data entry of all tickets.

V. COMPLUS will provide ten (10) hours of data processing support annually foradhoc requests, and for new report design and implementation. Cost for thesupport in excess of ten hours will be the responsibility of the CLIENT.

VI. COMPLUS will provide up to 1100 hours of temporary labor for payment entry andinquiry at the CLIENTS Collections Office during peak summer periods. TheCLIENT will be responsible for hiring, training, and managing temporary labor andCOMPLUS will be billed directly by the Temp Agency.

100

VII. COMPLUS will maintain the phone line for ticket recipient telephone support forcollections and payment issues resulting from issues relating to informationsupplied on delinquent notices.

VIII. COMPLUS will provide the CLIENT with access to the computer software needed toprocess ticket information. COMPLUS agrees to maintain the TMS and revise thesoftware, as required, to conform to the ordinances of both the CLIENT and theState of Rhode Island Vehicle and Traffic Laws.

IX. On a monthly basis, COMPLUS will furnish the CLIENT with various reports andmailings.

Year-to-Date Disposition Of Tickets, monthly.Delinquent notices for outstanding tickets for the State of Rhode Island and Outof-State residents every month based upon responses from DMV's."Final Notice" for outstanding tickets for the State of Rhode Island, and Out-ofState residents.Office and PEO Performance Reports, monthly.Audit Reports.Daily and Monthly Cash/Dismissal Reports.

X. COMPLUS will prepare Delinquent Notices for outstanding tickets issued tovehicles bearing Rhode Island State plates and Out-of-State plates to the lastknown registered owner(s). CLIENT will be responsible for postage of saidnotices.

XI. COMPLUS agrees to provide complete on-side training for the TMS. COMPLUS willprovide reference manuals describing the features and operations of TMS.Updates to the system will be proVided as they become available. Unlimitedassistance will be available from field supervisors and by telephone.

XII. The CLIENT agrees to the following fee schedule for the use of the TicketManagement System (TMS). Invoices will be submitted on a monthly basis,payable within thirty (30) days upon receipt.

PARKING TICKETS: 10% of all State of Rhode Island Parking Ticket Collections.14% of all Out-of-State Parking Ticket Collections.

* The above fees include Rhode Island and Out-of-State Registration InformationSearches.

200

XIII. The CLIENT agrees to indemnify, and hold harmless COMPLUS from any claims,controversies or lawsuits brought against COMPLUS and/or the CLIENT by thirdparties claiming that their cars have been improperly towed or booted; or whenapplicable by law that their registration has been improperly flagged or suspended;or when applicable by law that their license has been improperly revoked orsuspended; except.where said claims, controversies or lawsuits are the result oferror, omissions, or negligence on the part of COMPLUS.

XIV. The Terms and Conditions of the Agreement will remain in effect for a period oftwo (2) years from the date of acceptance, with an automatic renewal upon thesame terms and conditions for (1) one (3) three year renewal periods. If eitherthe CLIENT or COMPLUS does not wish to exercise this renewal option, they mustnotify the other party in writing of its intention not to renew not later than sixty(60) days prior to the termination date of this agreement. Non-notification to theother party shall result in the automatic renewal of this contract as specifiedabove. In the event of termination, the CLIENT would be prOVided with acomputer file, and or hard copy of current information, as of the date oftermination, at no cost. The CLIENT will return any and all computer equipment,belonging to COMPLUS.

The signing of the enclosed copy and returning to COMPLUS, will indicate the CLIENT'Sacceptance of this Agreement, and the Terms and Conditions contained therein.

Accepted by:

,;.)2,...-C- C-t.--_

APPROVE9,~1tlORM:; '1/ ! '

~ " fA IP' J .- ,'.' .'",c l '.' ,, '

JosephJ..'l cholson, Jr.City Solicitor

City of Newport, Rhode Island

"sif?vt; 0( fi LVf;:/

Title:

Date:

3 00

O.CHARlEY.S INC.

O'Charley's • Stoney River Legendary Steaks 0 Ninety Nine RestaurantOclober 26, 2011

VIAFEDEXCity of NewportAttn: Town ClerkCity Hall, Accounts DivisionNewport, RI 02840

RE: Change In Offlcer(s) Notice for O'Charley's/99 RestauranUStoney River Legendary Steaks RestaurantCs)

Desr Sir/Madam:

On behalf of sUbject malter, we are respecffully submilting this Notice of Change of Officer. Although there has been no change inownership (or license holder change), we would like to take this opportunity to make you aware of certain changes effective immediately.

Please see the altached documents and associate with this filing.1. Our Restaurant List for your jurisdiction2. List of corporate officers

a. O'Charley's, Inc (parent company) is apubliclv traded corporation listed on NASDAQ assymbol CHUX, No individual/officer owns more than 3% ofstock ofcorporation.

3. Minutes and/or aNews Release showing the resignation and/or appointment

Vou may find our Annual Report at this link: hltp:llphx.coroorate-ir.neVphoenix.zhtml?c-82565&p-irol-sec. Or any other stock information atwww.ocharleys.com.

NOTE: IF FINGERPRINTING IS REQUIRED PLEASE SEND THE FINGERPRINT CARDS DUE TO OUR OFFICERS BEING OUT OFSTATE RESIDENTS,

Ownership Chain: O'Charley's, Inc. (PARENT COMPANV) Is apublicly traded corporalton listed on NASDAQ as symbol CHUX, NoIndividual/officer owns more than 3% of stock Ihe corporallon.

Please applylhts to all of our restaurant(s) In your jurisdictIon, Please submtt a/l correspondence and/or permils 10 Ihe corporaleaddress as: 3038 Sidco Drive, Attn: License Compliance, Nashville, TN 37204,

Briefly, we anlicipate that the enclosed documentation will satisfy your reporting requiremenls. However, if there are additional requirementsor licensing issuas, please the undersignad.

Enclosure(s)

NO\! -- 2\ ~ I

S~inCereIY'/. r'1

. ~l-<-

..... . .... .' .

Nicole MatthewsCorporate ParalegalO'Charley's/Stoney River/99 RestaurantP(615) 782-8821F (615) 782-5032IIcenslng@ocharleys,com

615-256-8500 • Fax: 615-782-5043 • 3038 Sidco Drive • Nashville,TN 37204

qryOflicerUpdate 1012612011

1

99 Restaurant&Pub #20061 at 199 J.T. Connell :SV2010-563Highway, Newport, RI 02840

I. .~~u~nt199 Restaurant &P~b #20061 at 199 J.T. ConnellHighway, Newpor\ Rl 02840

Peimil#

563 BV·2010·ll~~in~~"thori'lyCity of Newport elyClerk's Office

City of Newport City;Clerk's Office

r:... ".~~Na#99 West, Inc.

99Wesl,1m::.

1 F~I~, t_c ~~:~IpCha,in~ptiOn04-2580280 ;Ownership Chain: 99 West. Inc. is 100% owned by shareholder: 99

:Restaurants, lLC; who is 100% owned by shareholder: O'Charley's'Management Company, Inc.; who is 100% owned by shareholder::O'Charley's. Inc., which is apublicly traded corporation listed on the

~~_,j~~~~9...~,~!!1.~~~.~~~~ "~_~?~_~~_~!v.i~~_~.~~,~r~ ~~"~ i~.04-2580280 'awnershipChain:99West, Inc,is100%,owried byshareholder: 99

:Restaurants. LlC; whois100%owned by-shareilolder.O'Chariey'siManagement Comp;:my,'lnc.;whois100%0Wl'iEid by shareholder.'O'Ctiariey's, lnc.,whibh is a publicly traded cor:poralionlistedon the'NASDAQ as symbol CHUX. No 6neindividual Owns more than 3% in

Pagel

ACTION TAKEN ON WRITTEN CONSENT OFTHE BOARD OF J)JRECTORS OF

99 WEST, INC.

Pursuant to Section 59 of Chapter 15613 ofthe Massachusetts Business Corporation Law,the undersigned, being all of the m.embers of the Board of Dir~ctors of 99 West, Inc., aMassachusetts corporation (the "Company"), effective as of April 14, 2011, do hereby waivenotice and consent to and take the following action as evidenced by their signatures hereto:

WHEREAS, the directors of the Company believe it to be in the best interests of theCompany and its sole shareholder to elect certain persons as officers of the Company.

NOW, THEREFORE, BE IT RESOLVED, that each of the following persons shallhold the offices set forth opposite his or her name, to hold such offices until his or her successoris duly elected and qualified:

David. W. HeadJohn R. GradyLesHeE. CherryColin M. DalyCharles NoyesR. Jeffrey WilliamsJohnny BYJ'dJos~ph R..R,ymer

PresidentVice PresidentASSistant ClerkClerkAssistant ClerkAssistant Clerk and Interim TreasurerAssistantClerkAssistant Clerk

FURTHER RESOLVED, that any and all actions heretofore taken by the officers of theCompany, or anyone of them, on behalf of the Company are hereby ratified, confll11led andapproved in all resPects as the acts ofthe Company; and

FURTHER RESOLVED, that such persons as may from time to time serve as dulyelected officers of the Company be, and each of them hereby is, authorized, empowered andd.irected, in the name of and on behalfof the Company, to take or cause to be taken such furtheractions, including theexeculion, acknOWledgement and delivery of such furiher certificates,applications, agreements or other instrumentsancI documents, as such officer deems necessary,desirable or advisable to acquire and maintain liquor licenses on behalf of the Company, thetaking of such actions to be deemed conclusive evidence of the authorization and approvalthereofllnd the binding effect thereof on the Company; and

FURTHER RESOLVED, that the undersigned hereby adopts, as if expressly set forthherein, the form of any resolution required by any authority to be filed in connection with anyapplications, reports, or filings relating to the foregoing resolutions if (i) in the opinion of theofficer(s) of the Company executing same, the adoption of such resolutions is necessary,desirable or acIvislible, and (il) the Secretary of the Company evidences such adoption byappending copies of sucll resolutions hereto, which wiII thereupon be deemed to be adopted bythe undersigned with the same force and effect as the resolutions contained herein.

IN WITNESS WHEREOF, the undersigned hav cuted this Action Taken on WrittenConsent as of the date first stated above for the purpose of e· ncing (i) their consent to thetaking of the foregoing actions without a meeting; and (ii) their alation of the . king of theforegoing actions.

David W

9441365.1

O'CHARLEY'S INC.

O.I'r. if 99 ••9'Charl£ly·s· Stoney River Legendary Steaks· Ninety Nine Restaurant'JJICerS 0 west,lnc.*No officer owns >5% of stock of corporationO'Charley's, Inc. is the parent company and a publicy traded company listed on Nasdaq as symbol "CHUX".FEIN: 04-2580280 Date and State ofIncoroporation: 11114/1975 MA

Officer/Current AddressLength at Residence and Title

Colin M. Daly

134 W. Brookfield Avenu

Nashville, TN 37205

Secretary

David W. Head

4311 Sneed Rd

Nashville, TN 37215

CEO and President

John R. Grady

4 Mockingbird Lane

Walpole, MA 02081

1999-present

Vice President

Johnny Clyde Byrd

377 Logans Clr

Franklin, TN 37067

Assistant Secretary

Joseph Rives Rymer, Jr.

312 Mill Run Circle

Nashville, TN 37221

1989-Present

Assistant Secretary

Leslie E. Cherry

6628 Chrlstlansted Lane

Nashville, TN 37211

Assistant Secretary

Robert Jeffrey Williams

3112 Kottas Court

Brentwood, TN 37027

2006-Present

Assistant Secretary,

Birth Date, Place ofBirth, SS#,Driver's License, Phone No.

9/21/1971

North Adams, Massachusetts

139-64-9764

TN 116894441

(615) 356-2331

12/26/1956

Baltimore MD

219-76-2432

FL H-300-179-56-466

(615) 782-8817

8/19/1952

Schnectady, New York

017-44-7292

S70054155

(508) 668-7635

8/20/1969

238-37-0001

TN 80505477

855281-0375

8/6/1961

Chicago, Illinois

291-62-3033

72546229

(815) 646-6103

6/23/1976

Memphis, TN

411-43-8499

076148830 TN

615445-8150

11/8/1966

Camden, Tennessee

410-39-9376

61121731

(615) 283-4070

Officer/Past Residence Hx

1325 Grenox Road, Wynnewood. PA 19096

1129 Grannywhlte Ct., Nashville, TN 37215

2006-2008

255 Stonehaven Circle, Franklin, TN 37064

2001-2006

615-256-8500 0 Fax: 615-782-5043 0 3038 Sidco Drive 0 Nashville,TN 37204

RESOLUTIONSOF THE BOARD OF DIRECTORS OFO'CHARLEY'S INC. (the "Company")

Director Nominees

RESOLVED, that, in accordance with the recommendation of the Board's Nominatingand Corporate Governance Committee, the individuals listed below are hereby nominated forelection at the Company's 2011 Annual Meeting of Shareholder to serve from their election asdirectors until the Company's next annual meeting and until their successors are duly elected andqualified or until his or her earlier death, resignation or removal:

Arnaud AjdlerWilliam F. Andrews

Douglas BenhamDavid W. Head

Philip J. Hickey, Jr. (Chainnan)Gregory Monahan

Dale W. PolleyRichard Reiss, Jr.H. Steve TidwellRobert J. WalkerShirley A. Zeitlin

Election of Officers

RESOLVED, that the following persons are hereby elected to hold the office(s) set forthopposite his or her name, to hold such office(s) until his or her successor is duly elected andqualified or until his or her earlier death, resignation or removal:

David W. HeadR. Jeffrey Williams

Wilson L. CraftJohn R. Grady

Alfred L. Thimm, JrColin M. DalyLeon De Wet

Lawrence D. TaylorRobert F. Luz

Michelle A. MillsCharles O. Noyes

Bradford L. SchiffJoseph R. Rymer

Position

Chief Executive Officer and PresidentInterim Chief Financial Officer and Treasurer, PrincipalAccounting Officer, Corporate Controller and Assistant SecretaryConcept President - O'Charley'sConcept President - Ninety Nine RestaurantConcept President - Stoney River Legendary SteaksGeneral Counsel, Secretary and Compliance OfficerChief Infonnation OfficerChief Supply Chain OfficerVice President Human ResourcesVice President of Operations - O'Charley's ConceptVice President of Operations - Ninety NineRestaurantVice President of Marketing - Ninety Nine RestaurantAssistant Secretary

Johnny C. Byrd, Jr.Leslie E. Cherry

Assistant SecretaryAssistant Secretary

Designation of Executive Officers

WHEREAS, the Company wishes to comply with, and to assist its officers and directorsin complying with, the requirements of Section 16 of the Securities Exchange Act of 1934("1934 Act") and the rules and regulations thereunder;

WHEREAS, Section 16(a) of, and Rule 16a-3 under, the 1934 Act require "officers" ofthe Company to file certain reports with the SEC, securities exchanges and with the Company;and

WHEREAS, Rule 16a-l(f) under Section 16 of the 1934 Act and Item 401(b) ofRegulation S-K provide that a corporation may identify those persons performing policy-makingfunctions for the corporation who constitute "executive officers" and thus are officers forpurposes of Section 16 of the 1934 Act.

NOW, THEREFORE, BE IT RESOLVED, that the Company hereby designates thefollowing persons as "executive officers" and as officers for purposes of Section 16 ofthe 1934Act:

David W. HeadR. Jeffrey Williams

Wilson L. CraftJohn R. Grady

Alfred L Thimm, Jr.Colin M. DalyLeon De Wet

Lawrence D. TaylorRobert F. Luz

Position

Chief Executive Officer and PresidentInterim Chief Financial Officer and Treasurer, PrincipalAccounting Officer, Corporate Controller and AssistantSecretaryConcept President - O'Charley'sConcept President - Ninety Nine RestaurantConcept President - Stoney River Legendary SteaksGeneral Counsel, Secretary and Compliance OfficerChief Information OfficerChief Supply Chain OfficerVice President Human Resources

2

Miscellaneous

FURTHER RESOLVED, that the officers of the Company are, and each of them is,hereby authorized and empowered to take any and all further action and execute, amend anddeliver any and all documents or agreements that may be deemed necessary or desirable in orderto carry out the intent of the foregoing resolutions, and the execution and delivery of all suchdocuments and agreements will be deemed conclusive evidence of the approval andauthorization by the Company of such acts; and

FURTHER RESOLVED, that the officers of the Company are, and anyone of them is,hereby authorized and empowered to pay all fees and expenses as in their judgment will benecessary, proper or advisable to carry out the intent and accomplish the purposes of theforegoing resolutions; and

FURTHER RESOLVED, that any and all actions heretofore or hereafter taken by suchofficers, or anyone of them, in connection with the matters to which the preceding resolutionsand each of them relate, are hereby ratified, confirmed and approved in all respects as the acts ofthe Company.

3

O'CHARlEY'S INC.

O'Charley's • Stoney River Legendary Steaks· Ninety Nine Restaurant

Officers of 0 'Charley's, Inc.*No officer owns >5% of stock of corporationO'Charley's, Inc. is the parent company and a publicy traded company listed on Nasdaq as symbol "CHUX".FEIN: 62-1192475 Date and State ofIncoroporation: 1/19/1984 TN

Officer/Current AddressLength at Residence and Title

Colin M. Daly

134 W. Brookfield Avenu

Nashville, TN 37205

Secretary

David W. Head

4311 Sneed RdNashville, TN 37215

CEO and President

Johnny Clyde Byrd

377 Logans Cir

Franklin, TN 37067

Assistant Secretary

Joseph Rives Rymer, Jr.

312 Mill Run CircleNashville, TN 37221

1989-PresentAssistant Secretary

Leslie E. Cherry

6628 Christiansted Lane

Nashville, TN 37211

Assistant secretary

Robert Jeffrey Williams

3112 Koltas Court

Brentwood, TN 37027

2006-PresentAssistant Secretary, Treasurer, CFO

Birth Date, Place ofBirth, SS#,Driver's License. Phone No.

9/21/1971

North Adams, Massachusetts139·64·9764TN 116694441

(615) 356·2331

12/26/1956Baltimore MD

219·76·2432

FL H·300·179·56·466·

(615) 762·6617

6/20/1969

238·37·0001TN 80505477

865281·0375

8/6/1961

Chicago, Illinois

291·62·3033

72546229

(615) 646·6103

6/23/1976Memphis, TN

411·43·8499

076148830 TN

615445·8150

11/8/1966

Camden, Tennessee

410·39·9376

61121731

(615) 283·4070

OfficerlPast Residence Hx

1325 Grenox Road, Wynnewood, PA 19096

1129 Grannywhlte Ct., Nashville, TN 37215

2006·2008

255 Stonehaven Circle, Franklin, TN 37064

2001·2006

615-256-8500 • Fax: 615·782·5043 • 3038 Sidco D"ive • Nashville,TN 37204

Bill HaslamGovernor

October 17, 2011

TENNESSEE BUREAU OF INVESTIGATION901 R.S. Gass Boulevard

Nashville, Tennessee 37216-2639(615) 744-4000 (744-4620 for TICS)

Facsimile (615) 744-4651 (Fiscal Svcs)TDD (615) 744-4001

Mark GwynDirector

O'CHARLEY'S, INC.NICOLE MATTHEWS3038 SIDCO DRIVEATTN: LEGAL DEPTNASHVILLE, TN 37204

Tennessee Criminal History Records Request

Per your request for a criminal history record check on the following individual, there was no Tennessee informationfound:

CHERRY, LESLIE EVANS

Please be aware that, unless a fingerprint comparison is performed, it is impossible for the Tennessee Bureau ofInvestigation to be sure the record belongs to the individual you requested. A fingerprint comparison will only beperformed in the event of a written appeal of criminal history results. The information you receive will be based ononly those arrests which occurred within the state of Tennessee.

The Tennessee Bureau of Investigation found NO Tennessee criminal history based on the information provided. Nocriminal record check was conducted for other states or for the Federai Bureau of Investigation.

Tennessee Open Records Information ServicesTennessee Bureau of Investigation

INTERNATIONALLY ACCREDITED SINCE 1994

Bill HaslamGovernor

October 17, 2011

TENNESSEE BUREAU OF INVESTIGATION901 R.S. Gass Boulevard

Nashville, Tennessee 37216-2639(615) 744-4000 (744-4620 for TICS)

Facsimile (615) 744-4651 (Fiscal Svcs)TOD (615) 744-4001 Mark Gwyn

Director

O'CHARLEY'S, INC.NICOLE MATTHEWS3038 SIDCO DRIVEATTN: LEGAL DEPTNASHVILLE, TN 37204

Tennessee Criminal History Records Request

Per your request for a criminal history record check on the following individual, there was no Tennessee informationfound:

BYRD, JOHNNY CLYDE

Please be aware that, unless a fingerprint comparison is performed, it is impossible for the Tennessee Bureau ofInvestigation to be sure the record belongs to the individual you requested. A fingerprint comparison will only beperformed in the event of a written appeal of criminal history results. The information you receive will be based ononly those arrests which occurred within the state of Tennessee.

The Tennessee Bureau of Investigation found NO Tennessee criminal history based on the information provided. Nocriminal record check was conducted for other states or for the Federal Bureau of Investigation.

Tennessee Open Records Information ServicesTennessee Bureau of Investigation

INTERNATIONALLY ACCREDITED SINCE 1994

OCT '/4

CITY OF NEWPORTBoard of Licensing Commissioners

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSE

DATE If) /1 tTl (Check Here That Applicant(s) has/have presented himselflherself at the B.C,!. Section of theNewport Police Department for fmgerprinting and a routine check has been completed, __

CLASS A .BL ./ BT BV C D E J---' --- -~

TYPE OF TRANSFER __,/'__OWNERSHIP LOCATION v STOCK

__v__OTHER, Explain'-- _

NAME OF TRANSFEROR !eI' A'~c hP./------'=---'------'--=-'----~-------------

D/BIA If I () ;VR'vt).... TEL. #

BUSINESS ADDRESS__-':?'-"'~'__"_ __'7h'_"_':c:~.::c::.:;..=...:;'---~~~'__=___.=:...:_r _". ". '-

Transferor hereby petitions the Licensing Board to transfer the said license to:

NAME OF TRANSFEREE W ti~0.fD/B/A ifl If /f/IV /l-. TEL. # .ry, /fP I fLNEW LOCATION, if applicable_....(V-'----"iI'---"v1A.-~""~:.=..::·~1 ....R"____'_____'_____.,__----

If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)

SU ... !fr.6"W,/

DATE OR DATE COMMISSION EXPIRES IF NOTARY


PRINT NAME

\7 /(,01 JLI

;~;;::ID_$ji6:a~:T;;:-;IiI-i/)~:Use Only --------~-----------~--

License Issued by: Date Issued: _

ACTION OF COUNCIL _ ACTION DATE. _

Page 1 of2 STATE OF RHODE ISLAND NewportBOARD OF LICENSING COMMISSIONERS

APPLICATION FOR LICENSE FOR CORPORATION OR LLC

!'i Y f)rT 1 A 9011 , ' : !) ;

I 'L...,".'....,' ...., ...J :t..." ,.·.~c_~··,· ;~~y

RETAILER CLASS:

OWNERSHIP:

D/B/A:

Premises

IBTI&A 1",/Ir1'YJ\., t- t,C

4ft) )/'NfL-

II },); i

State - Incornorated: I tz--J: IDate ofIncornorati~n: I 11 J;} VI IBusiness Telephone No: I 1fti l.'-------------'

Name, Address and Tel. # of All Officers (if LLC, List Manager under President and change title to "Manager" :

TITLE NAME HOME ADDRESS TELEPHONE

Vice-Pres.

Secretary

Treasurer

Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please specify below:

Name ofEach DirectorlBoard Member Address

..

IfCorporation, Classes of Stock: Amount ofThis Class Authorized: Amount ofTbis Class Issued:

Name Registered Stock Owners OR LLC Members w/%interest ClassCes) of Stock Amount of Stock OR LLC~

CJ..tJY y&VIA U. /1- I~, 1m ~h%

P6--€t'v1 1_ l- (. A b_ .I. tJ'_ ! : '3 OJ""{?;'..f.e.. f'vf. g(N~ ~ -r1/1vtt/4/l tN'''' I' I/V. jVtrw~I '"- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - -

Filing Fee:~ Date Paid:I I License Fee: I IDate Paid: I IApproved by Council Disapproved by Council _

Issued By Date License & Section 5.12 Received by _

Liquor Application by CorporationLast printed 919/2(JI J 2:16 Pi"l

Class «Class_oCLicense» # «Number_oCLicense» Entity: «ApplicationType»nk name: Liq II LL('(XiRPapI'JVkrgc.dtIC

Page 2 of2 STATE OF RHODE ISLAND Newport

I

,

• For each yes and no question, please write in YES if yes or NO if no.+ Where necessary, use additional pages for explanations. -------------------

Is any of the above stock pledged? !frv I- If yes, provide details: +_---!==================Is application on behalfof undisc!osedI#-/7 i- If yes, give details: Iprincipal or party in interest? ,---=-:;--------r==::::;----------Does Applicant Own premises?1 jlrtl i-property Mortgaged? tvv I- Property Leased~ y" I I-IfMortgaged or Leased: Amount of Extent: I

1---:;:------::=:----:-'--------------------,Name and Address of Mortgagee or Lessee: 'fir) 1- p"""~ • v t. L

'--=-'-----'---'---..,,1-'-----,---------------'Have any ofthe applicants ever been arrested or convicted of a crime? I" jV i> I - If yes, explain: •

Is any other business to be carried on in Licensed Premises? I i f:t~ I- If yes, explain: +I

Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? 'r", ,- If yes, explain: +

Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retaillicense issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended?~ _ If yes, explain: +

State amount ofcapital invested in the business. "7 2. t7() e#) t>j) eJ. ~

Certificate of Liability Insurance and Proof of Worker's Compensation Insurance must be attached.

i·:~~ilt;f.-::~~::=:::::.·~==~::::::~:~:~.~::~~:::~~:riY(~;;:~: and bi""Signature of Applicant" (see note below) Date of Signature

[ V/'-""" 5~"\~ "::> I I~ ·-f--" C> 1 z._. / (.- / I eol

WI TNTS~fLie e nsTi't gllo"a~ r-N 0 TAR Y PUB L I C nate Commission Expires (for Notary)

"NOTE: For new, transfer. expansion. or renewal the owner/s) must sign. In a corporation. the officers shouldsign; in an lLC. the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on· behalf of the owner.1. Every question on Application Form must be answered. Any false statement made by the Applicant will be snfficientgronnds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements ofthe 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock mnst be reported

within 30 days.c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application

to the licensing board SUbject to the procedures for a transfer of a license.

Liquor Application by Corporation Class «Class_oCLicense» # «Number_oCLicense» Entity: «ApplicationType)1.:Jsf pril1il'd 9/9/20 II .> 16 1)1\·1 Hk JlnlH,,:: Liq 111,.LCCORPappi\:krge.lkll~

Current:

Forty loNorth: Peter Borden & George Moore, sole members

Proposed Transfer:

Forty loNorth: 802 Partners, LLC, sole member

The membership of 802 Partners, LLC, is comprised of DorranceHamilton, 97%, and PGEM, LLC, 3%.

(The sole members of PGEM, LLC, are Peter Borden and George Moore.)

ii

CORCORAN, PECKHAM, HAYES & GALVIN, P. C.

EDWARD B. CORCORAN

WILLIAM W. CORCORAN

PATRICK O·N.HAYES. JR.

NEIL P. GALVIN

JOSEPH H. OLAYNACK III

MATTHEW H. LEYS

GIRARD A. GALVIN

OF COUNSEL

WILLIAM J. CORCORAN

Stephen C. Waluk andMembers of the Board of

License CommissionersThe City of NewportCity Hall43 BroadwayNewport, Rhode Island 02840

Re: 41°North

ATTORNEYS AND COUNSELLORS AT LAWi' ,

31 AMERICA'S CUP AVENUEP. O. BOX 389

NEWPORT, R.1. 02840 'TELEPHONE. 401-e47~0872

FAX 401-847-5810

EMAIL: [email protected]

www.cphgraw.com

November 2, 2011

NOV - 3WI\-LlAM 1- PECKHAM

- _ I 19'i·'963

EDWARD ..JI. CORCORAN-- -- ,- -" ..-1.91~.1997

PATRICK O'N. HAYES

1942-2005

Dear Mr. Waluk and Members of the Board:

Please be advised that I represent Behan Bros., Inc. We have become aware of theapplication to transfer the ownership interest of the license relating to 41 ° North and its member,802 Partners, LLC.

R.I.G.L. 3-5-19 states that "In all cases of transfer of license, indebtedness of the licenseeincurred in the operation of the licensed premises shall be paid to or released by an objectingcreditor before the issuing body permits the transfer."

Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstandinglien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness moreincurred in the operation of the licensed premises than the indebtedness incurred to build thelicensed premises.

We respectfully request that before this transfer is permitted that the outstandingindebtedness owed to Behan Bros., Inc. be paid.

I expect to be present at the scheduled meeting on this matter should you have anyquestions.

Si":j/~~el 'Po Galvin

[email protected]

NPG/rc

cc: M. J. Behan, Jr.S. MacGillivray, Esq.

,'.',


I)', \

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE ICENS!Ei·

DATE 1-0/: I(

Check Here That Applicant(s) haslhave presented himself/herself at the B.C.!. Section of theNewport Police Department for fmgerprinting and a routine check has been completed. __

CLASS A BL BT BV C D E J y" '!> H--_. ------' ---' ---' ---'--

TYPE OF TRANSFER v OWNERSHIP LOCATION v STOCK •

v OTHER, Explain 1/''' "!" /1"(&VA';' I)~ tw.. % ~'£NAME OF TRANSFEROR_-,---:-...::.0-=.:--:-..:..t!t-,,/;,-~-=t,:,-=w:::-!!:.I _

DIBIA IfI t?;1/pY /),. TEL. # &yP 8"tJ i ~

BUSINESS ADDRESS,_---->oo<i.g~~2....----!J_--'--n.....E:-~~~_=___'$~-jvu!'":::·=- _


NAME OF TRANSFEREE j:{.p 4' IPt"w.,lDIBIA q/"?,RV fl,... TEL. # &1{ 6 fg; I fNEW LOCATION, if applicable_...<,;V:...:-"_-=.(/,....:!A---=--~~~ _


SV lI~tYW~


ACTION OF COUNCIL ACTION DATE _

·APP03LiqllOJ:rranSfer~OV U9

Page 1 of2 STATE OF RHODE ISLAND NewportBOARD OF LICENSING COMMISSIONERS

RETAILER CLASS: 8HOWNERSHIP: firv-A / () /f/NJ}." L-t.- C-

D/BfA: y I " ;VIf'" 1hPremises ~ ~ I ~~ ~At:-vf"

It{ ,- "]..A::> j1R vV'1 ftl,' I / W]"./W'IState - Incomorated: I f2-'I IDate oflncomoration:I' '1/ (/0 i I Business Telephone No: I gy.t to) f-Name, Address and Tel. # of All Officers rifLLC, List ManaO'er under President and chanO'e title to "ManaO'er" :


I/:"~~~ If-v), p~~ IA.-l. ~ <;"") TJ-.-~ Sfi.ee.r !fVbg-o/f{..~ ~ LL,.. A n.lVice-Pres.

Secretary

Treasurer

MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please specIfy below:. .

Name of Each Director/Board Member Address

..

........... >'£JZ1~ 5h~ .

IfCorporation, Classes of Stock: Amount ofThis Class Authorized: Amount of This Class Issued:,\ 1./ L II

'!PG E'! btt Jittf11elJ'ql(t• p ,

Name Registered Stock Owners OR LLC Members w/%interest ClassCes) of Stock Amount of Stock OR LLC %__

tJ -vY V tJvv,. t...e !./. /fwu,.', /Im 17 '}It>'Pt.-I: M I.-'l- L AA. " A '.A: '30/0

p'; /.t.,. /VI _ ;"5;v~ ('f P L1 Ik A.tJj

tjp-I'V(/ 1#, (Yt.&l})vou

./ ~

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - -

Filing Fee:~ Date Paid:I I License Fee: I IDate Paid: I IApproved by Council_________ Disapproved by Council _

Issued By Date License & Section 5.12 Received by _

Liquor Application by Corporationl.astpriJltcd9I9i20112:16Plvl

Class «Class_of_License) # «Number_oCLicense» Entity: «ApplicationType))tile IHl1lh:: Uql tLLCCORPapp;\krge.do('


I D/B/A

1.-- /... e.• If yes, explain: •Have any ofthe applicants ever been arrested or convicted of a crime?

• For each yes and no question, please write in YES if yes or NO if no.• Where necessary, use additional pages for explanations. --------------------,

Is any of the above stock pledged? I;V v I. Ifyes, provide details: •,-----'=============:Is application on behalfofundisclosed~. If yes, give details: Iprincipal or party in interest? ,---'=:;---------r.=:==j----------Does Applicant Own premiSeS?~.property Mortgaged? ;Vi? • Property Leased~Yp:! I.IfMortgaged or Leased: Amount ofExtent:

• If yes, explain: •Is any other business to be carried on in Licensed Premises?

Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? • If yes, explain: •

Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retaillicense issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? ~. Ifyes, explain: •

I 1--'..:,L=....:/...:0"-<../...:'_,·.:..1 --'

Date Commission Expires (for Notary)

State amount of capital invested in the business.)- () tI ~1J-1J

Cert';~teof t"blilly '"'""'""" a"d P"",f ofWo<ke<', Compe""tio" '""a"", m," be alta""ed.l::~. -1.::::::::7::~=::::::::::::~:~~:::::::~=Ti::"z::'j:,a,"d i"er,

v Si natur~ of Applicant' (see note below) Date of Signature

I ~~:f2~--?TI·r:ESS of Licensing Board or NOTARY PUBLIC

:NOTE: For new, transfer, expansion, or renewal the owner/s) must sign. In a corporation, the officers shouldsign: in anLLC. the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on behalf of the owner.1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficientgrounds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported


to the licensing board SUbject to the procedures for a transfer of a license.

Liquor Application by Corporation Class «Class of License» # «Number of License» Entity: «ApplicationTypc»1,:lst printl~d 9/9/20 II :!.: 16 !)jI,·1 Uk Ilm1lo;': l.i~ll I.l.('CORPappMC:Jp,('.dll(:-

Current:

Forty loNorth: Peter Borden & George Moore, sole members

Proposed Transfer:

Forty loNorth: 802 Partners, LLC, sole member

The membership of 802 Partners, LLC, is comprised of DorranceHamilton, 97%, and PGEM, LLC, 3%.

(The sole members of PGEM, LLC, are Peter Borden and George Moore.)

\2) /y J "CITY OF NEWPORT

Board of Licensing COIl1missiollers

NOV '1 n

r-', .('I

APPLICATION FOR TRANSFER OF ALcOHQUC BEYERAGE LICENSE

DATE 11-18-11

Check Here That Applicant(s) has/have presented himself/herself at the B.C.I. Section of theNewport Police Department for f1llgerprinting and a routine check has been completed. __

CLASS A BL __BT ~_BV C D __.E J

TYPE OF TRANSFER X OWNERSHIP LOCATION STOCK

___OTHBR, Exp1aine- _

NAME OF TRANSFEROR. T_u_c_k_e_r_'_s_B_i_s_t_r_o-',_I_l'l_C _

D/B/A TEL. #401-846-3449

BUSINESS ADDRESS 150-154 Broadway, Newport, RI 02840" ,....

_ ~ - --------TBL.#-401-662-2297


NAME OF TRANSFER.BE'--- L_e_i_n_s_t_e_r_,_I_n_c_" _

D/B/A. _

NEW LOCATION, ifapplicable__s_a_m_e ~ _

IfChange of Stockholders, ListOlLD & NEW Stockholders: (attach separate sheet if necessary)

Not applicable .-------------------

DATE OR DATE COMMISSION EXPIRES IF NOTAlty


.,JANE A. KEllY

..Notaq' PublV.. Newpnrt ely,Slale of Rhoda Island.lComm. Expires, 7·3·,i?:P1~.)

Thomas L" HarrisPRINT NAME

~~-_...~...., ......---.--....~,..~ ......,...,.,....,.........,. (VO nee Use Only~.......................,---"'~~-,...---------

FEEPAID_$,1"kDATEPAID././ jI, '/1

ACTION DATE _

License Issued by: . Date Issued: _, _

ACTION OF COUNCIL. _

Page 1 of2

o oc~T-QJfc= ILIII.-~IIISTATE OF RHODE ISLAND Newport

BOARD OF LICENSING COMMISSIONERS I

APPLICATION FOR LICENSE FOR CORPORAT}ON OR LLC

:3

RETAlLER CLASS: I!J v' I License Number: «Number_oeLicense» ftG8;R;; lrr,,

OWNERSHIP: I-.. -c; n sf.e11- r/lLD/B/A: 767/Premises l,;> t> .- J5'{ Brt/IJ-pwA-!ft Aftti/fk>e::r, f!-r: c');)6YtJ

State - Incomorated: I '<::Z;- IDate ofincomoration:II/I/?J-/ II IBusiness Telephone No:1 ~="_;;£''l~ &b~,Name, Address and Tel. # ofAll Officers (if LLC, List Manager under President and change title to "Manager" :

TITLE NAME HOME ADDRESS "TELm'IlOl)lJ>:,. rA '

President ('111'.111VI v1 S'kl.t'ktr1 :;)()///AI.P'a(~~J 4lit! .k{;~tee) P:r 'ii!&tiA c'-l~ ",. ",

ViceRPres.I

"I, "

I, , ,Secretary "Treasurer .. / , ,.

MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. IfOther Please specIfy below:


AliI/i

..,~ .. ---- ..

IfCorporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:

tit.) "DA'f.. 'I; /)dO I- &(;0.

Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %

Ch~J. ~ ~h..f.I' /1CtI'L ; atJ 'Y.', }1/) 'J>1L ItJo2,i I • .

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - -


Issued By Dute License & Section 5.12 Received by _

Liquor Application by Corporation Class «Class of License) # «Number of License) Entity: «ApplicationType»Last printed 9i9i20 II 2: 16 Pi\·1 Ole JHlllW: Uql1T.LCCORl'apl'!Vkrgt'.dtl(:-


I D/B/A

I

I

• For each yes and no question, please write in YES if yes or NO ifno.• Where necessary, use additional pages for explanations. -------------------

Is any of the above stock pledged? 1.4"0 I- Ifyes, provide details: •-~=========

Is application on behalfofundisc!osedllllO I- Ifyes, give details: Ipriucipal or party in interest? ,-_-=:;--------;===;----------Does Applicant Own premises?1 /110 I-property Mortgaged? I - Property Leasedl w..sl-IfMortgaged or Leased: Amount ofExtent: I () V.e w/C)/);1?"1.,)

f!--"'-L!-O""""''-':::~'''-''=---------------_,Name and Address ofMortgagee or Lessee: 111; eli'. I-/-.(,

LL'-Jl...L.!:~-"=='---.--_____;-r-:------------.J

Have any of the applicants ever been arrested or convicted ofa crime? I !l/d I - If yes, explain: •

IIs any other business to be carried on in Licensed Premises? III/t) I• If yes, explain: •

I IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I/110 I- Ifyes, explain: •

Do any of the applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retaillicense issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? IIV£} I- If yes, explain: •

State amount ofcapital invested in the business. ~Y7. eJ(}() t'0


. \' \ .~ ~~~ppli;;;~~~~~~~) J

I hereby certify that the above statements are true to the best of my knowledge and belief:

I \\\\CJ \ q-O\\ IDale of S\gnature

4

ESS o!-!, ens ing Boa rd 0 r NOT AR Y PUB LIC Date Commission Expires (for Notary)

'NOTE: For new, transfer. expansion. or renewal the owner/sl must sign. In a corporation. the officers shouldsign; in an LLC. the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on behalf of the owner.1. Every question on Application Form mJjst be auswered. Any false statemeut made by the Applicaut will be sufficientgrounds for the denial ofthe application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements ofthe 1963 amendment of Section 3-5-10 of the General Laws.

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisitiou by any person of more than ten percent (10%) of any class of corporate stock must be reported


to the licensing board subject to the procednres for a transfer of a license.

Liquor Application by Corporation Class «Class_oCLicense» # «Number~oCLicense» Entity: «ApplicationTypc»] ,:-lsi printed 9/9/20 11 2: 16 Pi"l rik Ilmne: J,iq J 1LLC'COHPapp!'vkrgc,dC'('


IIL·

APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSE

DATE 11/7/2011

Check Here That Applicant(s) has/have presented himselfiherself at the B.C.I. Section of theNewport Police Department for fmgerprinting and a routine check has been completed. __

CLASS A BL BT x BV C D E J

TYPE OF TRANSFER x OWNERSHIP LOCATION . STOCK

OTHER, Explain

NAME OF TRANSFEROR The Pier of Newport, LLC

D/B/A The Pier Restaurant TEL. # .847-3640

BUSINESS ADDRESS 1 West Howard Wharf.. ,".',


NAME OF TRANSFEREE N.A • .:r. AlUIoeiAhlll. f,f,C

D/B/A T·he Pier Restaurant TEL. # 847-3640

NEW LOCATION, ifappJicable _


I :N~tvpo

Vincent Sandonato by power of attorn~v

PRINT NAME

V . 3-l'8'aDl'3DATE OR DATE COMMISSION EXPIRES IF NOTARY

Vincent Sandonato

PRINT NAME

~ -t/ 3 'l t .;}o, 'SDATE OR DATE COMMISSION EXPIRES IF NOTARY

ACTIONDATE _

~-----------~~---------Office Use Only---------~

FEE PAID_$~6 # DATE PAID _


ACTION OF COUNCIL _

.App03LiquorTran.;.;fer

Page 1 of 2 STATE OF RHODE ISLAND· :t1'lewH0!1j:BOARD OF LICENSING COMMISSIO)N:E:RS, .

APPLICATION FOR LICENSE FOR CORPo.RATION OR LLCRETAILER CLASS: I License Number: «Number of Licensi»: I WW 1 '7 2Dii

. BV - - i

OWNERSHIP: N.A.J. Associates, LLC

D/B/A: The Pier Restaurant

Premises West Howard Wharf, including outside patio

",S",la.,te"'-:.JI",n",co",)rn=(o",ra",te",d",:.l-I_R_I_.cID"""at",e""occf",In",c",o"",rn(o"ra",t",io",n",:1'--- -'-'I Business Telephone No: I 847 - 3640

Name, Address and TeL # of All Officers (if LLC, List Manager under President and change title to "Manager" :


~tl~fJE r Vincent Sandonato 48 Ward Avenue, Middletown, R. 225-7500

Vice~Pres.

Secretary

Treasurer

Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. lfOther Please specIfy below:


..···········1

l.~~ war~~~=~~='. M~~~~~~~~~, RI?~~~= .

If Corporation, Classes of Stock: Amount ofThis Class Authorized: Amount ofThis Class Issued:

Name Registered Stock Owners OR LLC Members w/%interest Class(es) of Stock Amount of Stock OR LLC %

Vincent Sandonato 100%.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - "- - - - - - - - - - - - - - - - - • - - - - - •


Issued By Date License & Section 5.12 Received by_· _

Liquor Application by Corporation Class «Class of License» # «Number of License» Entity: «ApplicationType))Lasi printed 9/9/20 I J 2: 16 Pl\·1 fjk name: I-iglIL.LCCORPuPI'Mcrge.dl\('-


ID/B/A The Pier Restaurant

I

I.

If yes, explain: •

• For each yes and no question, please write in YES if yes orNO ifno.• Where necessary, use additional pages for explanations. --------------------,

Is any of the above stock pledged? INo 10 If yes, provide details: .~-.-!=================~Is application on behalf of undisclosedE] 0 If yes, give details: Iprincipal or party in interest? .-_-=;--------;===;-----------'Does Applicant Own premiSeS?~OPropertyMortgaged? Yes I 0 Property Leased1 Ye s I_If Mortgaged or Leased: Amount ofExten!: I

f------L------------------..,Name and Address of Mortgagee or Lessee: Washington Trust Company

Have any of the applicants ever been arrested or convicted ofa crime? I No I.IIs any other business to be carried on in Licensed Premises? INo I. Ifyes, explain: •

I IIs any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? INo 10 Ifyes, explain: •

Do any ofthe applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retaillicense issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? r::::-l 0 If yes, explain: •

~

licant the owner or 0 erator of an

State amount of capital invested in the business. $ 3. 6 mi 11ion


t4~!..~.~1..i~~ ~ .~~.~~~..~~o~~.~.t~~~?'·~·~~·~~~·~~~~·~~·~~~··~~~~t I:k~~~;~gl~ and bellief:

.K~.U£~... ~....... 'Signature a \l\pplic t" (see note below) Date of Signature

Iv ~1:u_vC;gt~ Iv3--I¥-<dD(~W TNESS of LIcenSIng Board or ~OTARY PUBLIC. Date Commission Expires (for Notary)

"NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers shouldsign; in an LLC, the "designated manager" and a member are to sign. We are no longer to accept the signatureof a manager or attorney on behalf of the owner.1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficientgrounds for the denial of the application or the revocation of the license in case one has been granted.2. Corporations having 25 or more stockholders need not flIe a list of the names and addresses of Stockholders (Question #8).3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws,

a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported


to the licensing board subject to the procedures for a transfer of a license.

Liquor Application by Corporation Class «Class_oCLicense) # «Number_oCLicense» Entity: «ApplicationType»Last prillii.~d Cl/9t2011 2: 16 pf\.f flit' nmnc: Liq II LLCCORPappMerge.(1(1c

Date post:	03-Dec-2014
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