Council Docket 12 14

CITY OF NEWPORT
DOCKET OF THE COUNCIL MEETING

DECEMBER 14, 2011
The following items of business, filed with the City Clerk under the Rules of the
Council, will come before the Council at its regular meeting to be held on
December 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's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part ofthe regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT 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 Bellevue
Ave.; 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. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport
website: 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 ofthe
Council 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 THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
NOTIFY THE CITY MANAGER'S OFFICE TWO WEEKS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
December 14, 2011
Page 2
to 9:00 p.m. Request for waiver of the parking closing hour
(Approve)
3) Newport Public Education Foundation, d/b/a Run for
EducationIMother's Day 5K; beginning and ending at Rogers High
School, May 12,2012, from 7:00 a.m. to 12 Noon (route attached)
4) Newport Lions Club, d/b/a Newport Lions Club Presents The
Rockwell Amusements Family Carnival; Easton's Beach, May 9
and 10,2012, from 6:00 p.m. to 10:00 p.m.; May 11,2012, from
3:00 p.m. to 11:00 p.m.; May 12 and 13,2012, from Noon to 11:00
p.m.
c. Catering License, Renewal, Spark Restaurant & Catering, 12
Broadway.
d. Holiday Selling License, New, Candace Sherman, d/b/a C. L. Sherman's
Gallery, 1 Bellevue Ave.
e. Arcade License, Renewal, O'Brien Music Co., Inc, d/b/a Ryan Family
Amusements, 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, Newport
Music 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; 1jukebox
Celtica Gukebox, dart, pool table, video)
Colonial Tavern (dart, jukebox, video)
Downtown Athletic Club Gukebox, pool table)
Elk's Lodge, 104 Pelham St.,jukebox, video
Griswold's (dart,jukebox, pool table, (2) video
December 14,2011
Page 3
Hillside Cafe (jukebox, foosball)
Irish American Club (jukebox, pool table, pinball, video)
Jimmy's Saloon (dart,jukebox, pinball, (2) pool tables, (4) video
Newport 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 tables
Yesterday'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 (Receive
with regret)
k. Communication from Finance Director Laura Sitrin transmitting the
Actuarial Valuation Reports for the Police Pension System and Fire
Pension System (Receive)
1. Communications in opposition to the City's acceptance of the Newport
Restoration Foundation Plan for Queen Anne Square:
1) Kyle F. Hence
2) Anne DuBose Joslin
3) Andrew Segal
4) Mary Shepard
5) Gigi Tollefson
m. Annual Reports: (Receive)
1) Ad Hoc Committee on Wastewater and Storm Water System
Improvements
2) Canvassing Authority
December 14,2011
Page 4
3) Waterfront Commission
n. Claims: (Receive and refer to City Solicitor)
1. Brian R Cunha, Esq.
2. Richard P. D' Addario, Esq.
3. Denise Drapeau
4. Martha Marie Grogan
5. Edward F. Kearney, by attorney
6. Long Wharf Seafood, Inc.
7. Gavin C. Mathews, by attorney
8. Connie V. Mathias, by attorney
9. Josephine Stein, by attorney
10. Bruce C. Weller
LICENSES & PERMITS
2. Application ofFarahnaz Shobeiri, d/b/a Genie's Hookah Lounge and Traditional
Middle Eastern Tea House, to expand her Annual Entertainment License
(currently limited to background music) to include traditional Middle Eastern
band, belly dancers, poetry readings, movies and dancing. (Second Hearing)
3. Application for a Second-hand License, New, Mint, LLC, d/b/a Mini Wish, 94
William St. (Hearing)
4. Application for a Victualing License, New, T C Meats Newport, LLC, d/b/a
Schroder's, 66 Broadway
5. Application of Leinster, Inc. (d/b/a to be determined) for a Victualing License at
150-154 Broadway, first floor (in conjunction with the transfer of the liquor
license of Tucker's Bistro, Inc.) .
6. Application ofN.A.J. Associates, LLC, d/b/a The Pier Restaurant, for a
Victualing License at 1 West Howard Wharf and outdoor patios on the north and
west sides of the building (in conjunction with the transfer ofthe liquor license
of The Pier of Newport, LLC).
COMMUNICATIONS AND PETITIONS
7. Communication from Marion Oates Charles, President, Doris Duke Monument
Foundation, requesting consideration ofthe Foundation's offer to configure
Queen Anne Square with a design by Maya Lin and Edwina VonGal, with
December 14,2011
PageS
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 Duke
Monument Foundation for Rehabilitation and Modification to Queen Anne
Square 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 - City
Council
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 of
Newport - 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 Anne
Square Improvements - C. Duncan
15. Schedule of Council Meetings in 2012.
December 14, 2011
Page 6
ORDINANCES
16. Approving the Financing ofImprovements to the Newport Water System,
including, but not limited to, the construction and equipping of a new treatment
plant, demolition ofthe existing treatment plant, and construction oflong-term
capital improvements to a second water treatment plant, and all attendant
expenses, and approving the issuance of Water Revenue Bonds and Notes
therefor 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 of
Structures." -- Requested by Councilor Neville; Receive and Refer to the
Planning Board.
COMMUNICATIONS FROMTHE CITY MANAGER
18. Communication #4918/11, re: Bid Award for Parking Meter Management and
Parking Meter Rate Change (with accompanying resolution and ordinance;
continued from November 9, 2011)
Memorandum from the City Manager transmitting the Parking Meter
Agreement.
19. Communication #4924/11, re: Certified Local Government Grant Application
(with accompanying resolution)
20. Communication #4925/11, re: Bid Award for (3) Aluminum Sectional Garage
Doors for Easton's Beach Rotunda Building (with accompanying resolution)
21. Communication #4526/11, re: Bid Award for New HVAC Units at Easton's
Beach Rotunda (with accompanying resolution)
22. Communication #4527/11, re: Rl League of Cities & Towns Municipal
Aggregate Energy Supply Electricity Contract (with accompanying resolution)
23. Communication #4528/11, re: Regional Expenditure of Remaining 20009
Assistance to Firefighters Grant Funds - Fire Prevention Education Equipment
(with accompanying resolution)
December 14, 2011
Page 7
24. Communication #4529/11, re: Request for 24-hour Residential (Sticker) Parking
on School Street, between Church and Mary Streets (with accompanying
ordinance)
25. Communication #4530/11, re: Purchase and Sale Agreement for Carey School
Property (with accompanying resolution)
26. Communication # 4531/11, re: Broadway Streetscape Conceptual Design
Endorsement (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 of Funds -- Amendment of Contract for
Roadway Repairs at Waite's Wharf (with accompanying resolution)
29. Communication #4534/11, re: Supplemental Agreement to Historic Paving
Program for Additional Sidewalk Repair Locations (with accompanying
resolution)
30. Communication #4535/11, re: Supplemental Agreement to 2011Sidewalk
Restoration Program (with accompanying resolution)
31. Communication # 4536/11, re: Waste Management Transfer Station Use
Agreement (with accompanying resolution)
32. Communication # 4537/11, re: Extension of Contract with COMPLUS for
Parking Ticket Management (with accompanying resolution)
ADJOURN AS COUNCIL AND CONVENE AS BOARD OF LICENSE
COMMISSIONERS
December 14,2011
Page 8
BOARD OF LICENSE COMMISSIONERS
1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY
UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)
Communication from O'Charley's, Inc., d/b/a 99 Restaurant, 199 Connell
Highway, re: Change in Officers (Receive and make part of tbeir record)
LICENSES & PERMITS
2. Application of Forty 1
0
North, LLC, d/b/a 41
0
North, holder of a Class BT
alcoholic beverage license, through its sole members, Peter M. Borden and
George W. Moore, to transfer 100% of the membership interest in Forty 1
0
North, LLC to 802 Partners, LLC , whose members are Dorrance H. Hamilton
(97%)and PGEM, LLC (3%), whose sole members are Peter M. Borden and
George W. Moore. (Hearing)
Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of Behan
Bros., Inc., in the amount of$I,619,502.39.
0
0
North, holder of a Class BH
alcoholic beverage license, through its sole members, Peter M. Borden and
George W. Moore, to transfer 100% ofthe membership interest in Forty 1
0
North, LLC to 802 Partners, LLC , whose members are Dorrance H. Hamilton
(97%)and PGEM, LLC (3%), whose sole members are Peter M. Borden and
George W. Moore. (Hearing)
Communication from Neil P. Galvin, Esq., re: Bill ofIndebtedness of Behan
Bros., 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 license
to Leinster, Inc. (Chelynn Sheehan, sole stockholder, d/b/a to be determined, for
the same premises. (Hearing)
December 14, 2011
Page 9
5. Application of The Pier of Newport, LLC, d/b/a The Pier, 1 West Howard
Wharf, and outdoor patios on the north and west sides of the building, to transfer
its Class BV alcoholic beverage license to N.AJ. Associates, LLC (Vincent
Sandonato, sole stockholder) for the same premises. (Hearing)
ADJOURN
Kathleen M. Silvia
City Clerk
December 7, 2011
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD NOVEMBER 9, 2011
The following items of business, filed with the City Clerk under the Rules of the Couucil, came
before 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 NEVILLE
STEPHEN C. WALUK, MAYOR
HENRY F. WINTHROP
2)
5)
3)
4)
6)
g.
d.
f.
c.
h.
e.
CHARLES Y. DUNCAN
KATHRYNE.LEONARD
JUSTIN S. MC LAUGHLIN
JEANNE-MARIE NAPOLITANO
1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Minutes ofthe Oct. 12 and 26, 2011, Couucil Meetings
b. 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 Wreath
Sale; 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. Augustin
Church, 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 Music
Fuudraiser; Thames Street Kitchen, 677 Thames St., December 4,2011, from
6:30 p.m. to 11 :30 p.m.
Women's & Infants Hospital, d/b/a 28
th
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 Franklin
St.
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 (6
pedicabs)
Victualing License, Renewal, Bellevue Coffee House, Inc., d/b/a Annie's, 176
Bellevue Ave.
Resignation of Gregory P. Yalanis from the Zoning Board of Review (Receive with
regret)
. 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 Queen
Anne Square. (Receive)
k. REMOVED: Communication from Lawrence Cutler, President/CEO
I. 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, be
adopted. 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 docks-
inclusion in the 2012-13 City Budget
COUNCLOR LEONARD stated the proposal of the Waterfront Commission was a good idea and
asked if there were a cost analysis and funds in the Capital Improvement Program (CIP) for the
project. CITY MANAGER EDWARD LAVALLEE responded that the only cost estimate is that
provided in the letter from Mr. Kniskern. He said funds in the CIP do not identify the stone pier and
no funds are directed towards King Park; however, when the slated projects are completed any
remaining funds could possibly be directed towards the stone pier.
COUNCILOR LEONARD moved the communication be received. Seconded by COUNCILOR MC
LAUGHLIN and VOTED UNANIMOUSLY.
b. Communication from Lawrence Cutler, President/CEO, National Museum of American
Illustration, opposing the NRF plan for Queen Anne Square
Comments by LAWRENCE CUTLER, 492 Bellevue Ave., wherein he read from a prepared
statement in opposition to the proposed Newport Restoration Foundation plan designed by Maya Lin
for Queen Anne Square. He noted that Newport has sought recognition as a UNESCO World
Heritage Site Designation, which recognizes a city whose outstanding values are preserved for future
generations, and said the Queen Anne Square proposal does not meet the criteria. He also said he did
not 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 History
from Cornell University and he considered the NRF proposal an attack on Newport. He said that
while Mya Lin should be commended for her design ofthe Viet Nam Memorial, her plan for Queen
Anne Square fails to recognize an historic area. He urged the Council to rej ect the plan and instead
have 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 the
gift of the NRF. He noted that the park is in the Historic District and questioned if proposed changes
are required to go before the Historic District Commission as are the surrounding properties. He
said he has not read any positive articles on the proposal and he hoped that when the plans are
submitted there would be ample time for public review and a workshop.
HELD NOVEMBER 9,201 I
Page 3
Comments by MICHAEL WALSH, 7 Hall Ave., who said the Newport Restoration Foundation has
presented Newport with a fantastic opportunity as Maya Lyn will be working with the foremost
landscape architect in the field. He said change is vital to a community and the proposal should be
accepted.
ELIZABETH MEYER, 28 Church St., asked when the Council would vote on the matter. MAYOR
WALUK 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 written
statement, which pointed out that no details ofthe plan and budget have been provided, and it is a
fiction to call the Lin proposal a monument.
Comments by DALE CLARKE, 398 Thames St., who cited the 1979 map plan for Queen Anne
Square, revised in 1981 (#10-10-20) in the Land Evidence Office, and cited parcels five and seven as
comprising the park known as Queen Ann Square.
Comments by MS. FRANKIE HUTTON, 6 Holten Ave., who noted that the Mayor said the proposal
might be before the Council for a vote on December 14
t
h, which would be unfair as the citizens would
not have ample time to review the plans.
COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
LICENSES & PERMITS
2. Application of Farahnaz Shobeiri, d/b/a Genie's Hookah Lounge and Traditional Middle
Eastem Tea House, to expand her Annual Entertainment License (currently limited to
background 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 not
believe the neighborhood would support the expansion. MAYOR WALUK responded that a second
hearing on the proposed expansion would be held on December 14
th
.
COUNCILOR MC LAUGHLIN moved the hearing be closed and the license approved on first
hearing. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
3. Application for a Victualing License, New, Amanda M. Bryan, d/b/a The Newport Sweet
Shoppe, 82 William St.
MAYOR WALUK moved the license be approved. Seconded by COUNCILOR WINTHROP and
VOTED UNANIMOUSLY.
HELD NOVEMBER 9, 201 1
Page 4
COMMUNICATIONS & PETITIONS
4. Communication from Sidney Long asking to address the Council regarding the Newport
Restoration Foundation's proposal for Queen Arme Square.
MS. SIDNEY LONG, 18 Rhode Island Ave., spoke in opposition to the NRF plan. She said she
loved the blooming of the cherry trees in spring and the roses in the fall in Queen Anne Square, which
would be removed under the NFR plan. In conclusion, she sang a ballad she wrote on the proposed
changes to the park.
COUNCILOR MC LAUGHLIN moved the communication be received. Seconded by COUNCILOR
WINTHROP and VOTED UNANIMOUSLY.
APPOINTMENTS TO BOARDS AND COMMISSION
5. MAYOR WALUK moved Lynn Ceglie be appointed a full member of the Zoning Board of
Review. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
MAYOR WALUK moved Rebecca MacSweeney be reappointed Chair of the Zoning Board
of 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 by
COUNCILOR WINTHROP.
COUNCILOR NAPOLITANO pointed out that the pension reform would not include private pension
plans, such as Newport police and fire pensions; however, that could change in the future. She said
she hoped the municipal employees understand the need for the pension reform and commended the
General 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 political
malpractice to support a bill they haven't read. He said the 108 employees he represents, which he
noted 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-living
increases, 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 gives
unbelievable power to the State Treasurer, General Assembly, and the Governor, and subrogates
collective bargaining.
HELD NOVEMBER 9,201 I
PageS
COUNCILOR WINTHROP responded that the Council is not voting on the language in the bill but
on the need for pension reform because of the concern that there will be no pension system in the
future without reform now. COUNCILOR LEONARD agreed. COUNCILOR NAPOLITANO
commented 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, will
strangle the cities and towns.
COUNCILOR MC LAUGHLIN thanked Mr. Landry for his comments, and said that the State is
acknowledging it can't deliver on its pension promises because ofthe funding problems. He noted
that the City of Newport has met its annual payment requirements; however, in 2010, $19 million of
the 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 by
COUNCILOR MC LAUGHLIN.
COUNCILOR MC LAUGHLIN said those who plant all the daffodils around the City should also be
recognized.
The motion to adopt was VOTED UNANIMOUSLY.
8. Requesting the City Administration to provide a report to the Council regarding potential uses
of 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 by
COUNCILOR WINTHROP and VOTED UNANIMOUSLY,
COMMUNICATIONS FROM THE CITY MANAGER
9. Communication #4916/11, re: Aquidneck Island Land Trust Conservation Easements-
Coggeshall 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 accompanying
resolution adopted. Seconded by COUNCILOR WINTHROP.
COUNCILOR NAPOLITANO spoke in support of protecting the open space and playground area at
Coggeshall School for the neighborhood children. COUNCILOR LEONARD said she supported
open space but questioned the safety of children if fences are prohibited. CITY MANAGER
LAVALLEE responded that abutting properties are not prohibited from having fences. TED
CLEMENT, Executive Director, Aquidneck Island Land Trust, cited provisions of the agreement and
said the City would, in fact, be allowed to install fences.
Page 6
COUNCILOR LEONARD next questioned if the City would be required to pay taxes on the
easement for the Bailey's Brook land parcel. CITY MANAGER LAVALLEE responded that it is the
City's intention to apply to the Town of Middletown for a tax reduction, noting that the value ofthe
property would be diminished because ofthe easement.
MR. CLEMENT referred back to the Coggeshall School property and noted that no other public park
is nearby for the children and with the perpetual easement on Lots 39 and 50 the City would continue
to 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 from
Oct. 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 Meter
Rate Change (with accompanying resolution and ordinance)
COUNCILOR MC LAUGHLIN m ~ v e d 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
resolution and ordinance adopted. Seconded by COUNCILOR WINTHROP,
COUNCILOR M LAUGHLIN pointed out that the $85 million expense is the total cost for all the
improvements. In response to questions from COUNCILOR NEVILLE, UTILITIES DIRECTOR
JULIA FORGUE said there would be multi-year rate increases. She said the parties in the rate
increase proposal before the PUC have come to agreement and are now awaiting the Commission's
approval. COUNCILOR LEONARD, noting that the exorbitant cost falls on those who use city
water, expressed displeasure at the lack of funding from Congress and said a meeting should be held
with 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
resolution adopted. Seconded by COUNCILOR NAPOLITANO and VOTED UNANIMOUSLY.
HELD NOVEMBER 9,2011
Page 7
14. Communication #4921/11, re: RIDEM Recreation Acquisition and Development Grant
Application
COUNCILOR LEONARD asked if the City's required match was in the budget. CITY MANAGER
LAVALLEE responded that it was.
15. Communication #4922/11, re: Ocean Avenue Seawall Construction Inspection Services
Contract Change Order
resolution 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 NEVILLE
and VOTED UNANIMOUSLY.
7:40 P.M. COUNCILOR MC LAUGHLIN moved the Council recess and convene as the Board of
License Commissioners. Seconded by COUNCILOR WINTHROP and VOTED
UNANIMOUSLY.
7:51 P.M. Following a motion to reconvene as Council, COUNCILOR MC LAUGHLIN moved the
Council move to Executive Session in the Conference Room, pursuant to Rhode Island
General 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 Manager
Position and the disposition of publicly held property (Carey School) situated in the City
of Newport whereby advanced public information would be detrimental to the interest of
the public. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
HELD NOVEMBER 9, 201 I
Page 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 of Newport Social Club, 3 Farewell St.
WHITNEY GARDNER, 15 Sherman St., said she and other young mothers walk their babies along
Broadway and are upset with the public drunkedness, spitting, lewd language, and smoking by
persons loitering in front of the Colonial Tavern. She said the smoke enters other businesses along
Broadway, and noted that an apothecary had already moved from the area and there has been talk
that another good business will leave because of these problems. CHAIRMAN WALUK responded
that he shared her concerns and said it is imperative that the problems along that block be addressed
with increased enforcement and foot patrols.
DEBORAH CINOTTI, 30 Calvert St. and owner of the Colonial Tavern, responded that people
loitering in front of her building are not necessarily from her bar. She said enforcement has been
increased lately, but extra police foot patrols are needed in the area. She said her bar is small and she
wants the area to be clean and beautiful. ALEXANDER PULICHINO, 37 Catherine St., owner of
Sappo Burrito, located next to the Colonial Tavern, said there are unsavory characters hanging out on
Broadway 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 hang
out on the street until four or five a.m. COMMISSIONER LEONARD said bad behavior needs to be
addressed and enforcement is essential. COMMISSIONER NAPOLITANO said she understood the
problems on that block of Broadway and said it is unfortunate because ofthe many nice businesses
in the same area.
COMMISSIONER MC LAUGHLIN moved the hearing be closed and the licenses of A&O, Inc.,
Colonial Tavern, and Friendly Sons of Newport Social Club be renewed. Seconded by
COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
2. Application ofN.T. Corporation, d/b/a The Black Pearl, Bannister's Wharf, holder of a Class
BV 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.
0
North, LLC, d/b/a 41 0 North, 351 Thames Street, holder of a Class
BT 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% ofthe
membership interest in 802 Partners, LLC, to JGEM, LLC, whose sole members are Peter M.
Borden and George W. Moore. (Hearing)
COMMISSIONER LEONARD recused herself.
Page 9
COMMISSIONER MC LAUGHLIN moved the hearing be continued to the December 14
th
meeting.
Seconded by COMMISSIONER WINTHROP and VOTED UNANIMOUSLY (6
c
O).
0
0
North, 351 Thames Street, holder ofa Class
BH 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% ofthe
membership 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 14
th
meeting.
Seconded by COMMISSIONER WINTHROP and VOTED UNANIMOUSLY.
7:52 P.M. COMMISSIONER MC LAUGHLIN moved the Board adjourn and the members
reconvene as Council. Seconded by COUNCILOR WINTHROP and VOTED UNANIMOUSLY.
Kathleen M. Silvia
City Clerk
City of Newport, Rhode Island .. IJ' 2 '.
APPLICATION FOR A SPECIAL EVENT LIC);. 'II F. IJr U./'
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: IDirector
Elizabeth Goddard
Printed Name:

Signature of Holder of Event: __
Address of Holder of Event: I 76 Bellevue Ave. Newport RI 02840
. I 401-848-8200 I
Busmess 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 I
Private
Is event to be on City, State, or Private Property? -----'------------------1
Name of Property 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
Printed Name of Property owner:1
. Elizabeth Goddard
-;:====================
Will Event be Indoors or Outdoors?
(Include Plan)
Indoors
EVENT HOLDER Newport Art Museum
APPLICATION 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 Museum
APPLICATION FORA 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? nl a
--------------------------'
Will there be gambling, e.g., bingo, raffle, etc.? I _ n _ o ~ _
List Names of Vendors
Do you have State Police Approval? I nl a
Item to be Furnished
For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" 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 Island
DATE: _....:.I.:c.l.-,-,11c-'...,2,-0..:..:' _
EVENT TITLE/TYPE:
LOCATION OF EVENT:
Date(s) of Event:
Hours of Event:
I
'1'\0.. ANNlAAt..- \'-UAMIN4\:e.1> bg...,1f 4eV\ I
::=::::==::===::=::::==::===::=::::==::===::=::::==::===
I 10 I\U.Al2-D fA.V K. (). VCAW',/ Nl.1J\.6 bW I
Signature of Holder of Event: I I
Printed Name: I (,0 llQ"1'l Title: I EAec--vtnVE:- j) IVltCiiL
Address of Holder of Event: I 2.U -g,e;:L.-\..-,&Vv.-t:.AVf;/\JVlE: -II> I0 / N1; v\.{>ORT' 12-1 I
Business Telephone: [10\. G!Oj.3=3-:r1- Residence Telephone: ICU..,. IId49' I
Is Organization Non-Profit? I If:,!; Is Organization Religious? _
Is there a charge for admission? I WD I I
Is event to be on City, State, or Private Property? _c-_,'II+
I
_
Name of Property Owner of Event Site: IL_C-_I-rl __ _
Signature of Property Owner: 1 _
Printed Name of Property owner:I _
Will Event be Indoors or Outdoors?
(Include Plan) ---------------------
EVENT HOLDER fI'2..IJ2M7s be 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 _
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: _
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: _
Type: I SPORTING EVENT I No
Set-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: _
SHOW OR EXHIBITION: l'fe';, I
OTHER (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 ~
(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 or
Event" with RI Division of Taxation? (Contact No.: 222-2957)
FIREWORKS
Do you or the pyrotechnic have Newport Fire M ~ a r ~ s h al a p ~ p ro_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.
ROAD RACE. WALK-A-THON. ETC. On Roadway(s) IIV / 1'-1 On Sidewalk(s) IN 1'iLi
Has notification been made to residents along the route? __
SPECIFIC ROUTE:
November 22,2011
Mayor Waluk & Newport City Council
City of Newport
43 Broadway
Newport RI 02840
Dear Mayor Waluk and Honorable Council:
i.
I'r
I
,
Friends of Ballard Park respectfully requests permission to hold the 7th Annual
llluminated Garden event at Ballard Park on February 24 & 25, 2012 from 6 to 9
pm.
We have submitted an application for an event licenses and further request that
ordinance 12.32.010 E (Closing of park hours - Ballard Park, located at Hazard
and 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 Park
from a dumping ground and underage party spot to a well respected and well used
city park. Should you have any questions or concerns please call me at 619.3377.
Thank you.
Sincerely,
~ h
Executive Director
226 Bellevue Avenue #10' Newport RI 02840' (401) 619.3377' www.ballardpark.org
..
>
() f...... .. ('..' ec .
i -lL....
I
"J'I'::r ,.. ?
. -,; ,..
I
/' (1 t' 1/ ')" .+-
l./ ,.' _. L.ft'...)
J)c .. I((
City ofJewirt, Island .
APPLICATION FOR A SPECIAL EVENT ..
1': I '
," i I:i
I" '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
r:O/l_ tOlJU+-rl.o}\..) /(V)O-rI-J-/lf./
S
..Dff
l
1 <;/(
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\II
J
IAA..Ak VVl. CN\
Printed Name: I (...bf-f...t.>f_N
J
Title:
Address of Holder of Event: IS? f) IIII /'
. r-.IJ Cr:; f...I.s n c
I
f?L
I
? - /'2-';;;1
Residence Telephone: ---"-L-'--"'J:....::."'-v--'- _
Business Telephone: I ?b 7.," bZ,S' I.
Is Organization Non-Profit? I 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. I
Signature of Property Owner: I .....JI
Printed Name of Property owner:1 CTTl1 OF' N t-(,A)f() fUr I
Will Event be Indoors or Outdoors? I (S 01' /-I- I
(Include Plan). .
EVENT HOLDER
APPLICATIO""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)
(Include on plan)
Expected Attendance:-
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 Type: _
PLAY
I
If yes, what type:
CARNIVAL I 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
(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
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 or
FIREWORKS
Do you or the pyrotechnic have Newport Fire Marshal approval?
I
Time fireworks will begin: 1 _
Duration: IL _
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
detajl officers at sponsor's expense.
ROAD RACE, WALK-A-THON, ETC. On On SidewaIk(s) c=J
Has notification been made to residents along the route? eNl {j> f,-{'j PO'or 10 (I.ACL
SPECIFIC ROUTE: fJ-()p J'f )' L5'JMa.
. -b/a
ad'
'''";;:/;
It!
:::l
:;:.
Q.)
oj
.
<U
-
1"1' ( I
I\.- .I
.....
-<::J
<fi1
'1
v
O':ll
Z'.
'-J
Sprov,"ii1\g
1tocK '
Ocean
o
i..
.l..
d
. "
J
'oo'
-5.,0{'.
I
t
N
START ATlVJIDDLB OF MAINENTRANCE TORRB,
BVEN WITH Sll)EWALI< SEAM
J - '1.7 FT. AFTERSPROUTINGROCK DR. SIGNPOST,
EVEN WITRN. EDGE OF 11129, AND 6FT. BEFORE
"RBSTRtCTBDPAR.KING" SIGN(R)
2"97:iT. AFTERFIRE HYDRANT (B.), AN/) 91'1'. A.F'l.'llR
RECTANGULARCBMENTBASE "ELECTRIC" INGRASS (L)
3 - 34FT. AF'l'BRRIPTAs(l1N(L). AND 63 FT. BEFoaESTAR:
FlNISH" 9FT. 2IN. AFTBlt{E}:.!'OLl3 4(L)
Newport Public Education }'ouudation
MOTHER'S DAY 5K
NEWPORT, RHODE ISLAND
USATF CERTIFIED COURSE
RI02001RN
Measured by Ray Nelson 2/02
J
.L
{J"m I \ \..3.ve.
'f(.U.9
g
/es . . .
I
S

,
\Y..
.
- ROGERS H.S. MAlNENTRANca...... \ .

I I i
;1 --
FINISH. I
I \
(
' \\A,B! I, I

\ 63' _\f.)/f' aoAJ.) /
, .1' ,'3'
__...... START ' ' Rn>l'A SlGN ....

'{i
.
C-,,:
;-\ t:(' n

1 J.{ '''')J'j)k-
CAl2.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 (; 'f 5' I Residence Telephone: (Sf 0k f$J- P)- y
Is Organization Non-Profit? Is Organization Religious? I Ai q
Is there a charge for admission? '-'='+-"::>-"/---'
Is event to be on City, State, or Private Property?
r----------'"""-------------,
Name of Property Owner of Event Site:
----l
Signature of PropertyOwner: 1 _
Printed Name of Property Owner:
l J
Will Event be Indoors or Outdoors? I /1'\ r-) IIf
v V)"" Oov'-
(Include Plan) '-- __'
EVENT HOLDER rJ.o-vJ fV1 L, 0' ,.() (' LJ]
(Page 2)
\
COpy OF TENT PERJVlIT MUST BE ATTACHED.
If so, location of toilet facilities:
(Include on plan)
If Outdoors, will toilet facilities be provided? I '0 -e r ~
f \ ; ~ ~ ~ ort'-1
(Include on plan)
Expected Attendance: "
1000
\
Seating Capacity: ~ , P , , - - , ) c - - _
For how many vehicles? I s:~ 0
CONCERT I rV ~ Is staging or platform required? "1 1 Amplification?
, - - ~ - - - - - - -
DANCE 'rt 01
DEEJAY' /$ U Amplification: '_I\},,--..:..f -'
SPORTING EVENT I P d'
Type: 1 --,- _
PLAY I Ifyes, what type:
Will there be animals? ItV /' I
Type: 1_" _
CIRCUS
CARNIVAL Li:l,fLr I
If 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;;';)' CLJ
(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 or
FIREWORKS IN 0
Do you or the pyroteclmic have Newport Fire Marshal approval?
I
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' I J \ J
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: Date
Date of Duration: C{e0Vl(CVV;
NameofBusiness:SFt cl CC0-btCNb
DBA: ,
Address of Business: i"Z.- 13(0 t!'J
TYPE: Confectioner Drive-In
e.
d.
c.
Standard).{ Fast Food _ Carry-Out _
1. Garbage t'lY: Trash Receptacles
a. Location
b. Type/Odor VfZ/lCJ.(;)
Weight per pickup
Number of Cans 1 _
Private Pickup Yes J No_ By Whom ()J Cv?te
2.
3.
4.
5.
6.
7.
ATTACH: Detailed site plan showing premises, interior, exterior, seating capacity, dumpster location ,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. (0I povi:7\ uV::)
Proposed Seating Capacity. Expanded Seating Capacity _
Parking Availability. Yes__ NoXLocation Number of Cars
Is a liquor license (Class For F-l) being applied for by the applicant? Yes__
Current Victualing License NoFSVZC(fL}
8. Estimated monetary investment involved $, Hours of to 2ftM/}
9. Extended Hrs. of -$.14"---
2 a.m. 6 a.m.
Owner's Name: SvSCt/'L C<-f:V
V10
.
)
Business Phone: ffl{Z-002.3
11/113/1/
JI /ft(! /
I
Filing fee: --- Date Paid:
License fee: $200 $?O-'D ......-nate Paid:
Days of Week Extended: _
Filed By: C
VVL

Print Name: ShS::Vl '"E-CHq ()
Owner's Address: :35,3_
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.:
__
v-Q 1----

Title: _
-
ftJ/- 'i1S!X::- Home Telephone No.: ...23!.L_
MAILING ADDRESS: (circle one) (a) ,Busiuess location (II) OW!iel"S address eel otltill' (specl&:Y.l
___ :3 ..l-J'E' u ')9d--
. I
B-Mail Address; __.. k ' Ll:e.h,---_.
Thil undersigned has been in business since (year): --cf/.Q1l _
The business is principally engaged in the of the following types of goods:
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 .._ New ... __, R0w.i:wJ<1 ."__,_,,.__...,__J',mll{"T."",,_. ._
H'IJi' Date Ptikl I2)1/(l (
- -_ ,-._._--_...
L?dL\f.\U "..... CO>UNcn, ""cnON:............... PATE: ...."' _.
CITY OFNEWPORT, RH0P.lf,ISl.Al)ID;_;i---;--;.;
Application for Arcade/Juke Box or ,
Iii [j'l
i
, DEC , SbA
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:
Applicant: d /311 /I?P" 4((/&/C eel.a c /) i? :1f1..o;
(indIvidual. timl or corporation) "':-::'<T__
Business Address: sr hIe \S;T
\
Address (cont.): _
Telephone: E 1-PE" 5'l1Y
Date of Birth: 4-:23 - 57 Place of Birth: \) i Q 1\\ (
) t
If parmership or corporation, give names and addresses of all officers and stockholders:
Nl
1f:t:A=:
Complete list of all prior atTests and all convictions (whether felonies or misdeameallors) of the applicant
and 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 certifYthat the above Info ion given by
Me is true and COrrect to the best () my koowledge
Signature of Applicatlt:
:ckols
Date Paid l2/bltl
Print Name of Applicant:
Total License Fee(s) $
License issued by City Clerk: Date Issned: Initials: m __
Y:\MechMk:al An\llsements\2.009 Renewal\AppMechanicalCover_doc Created on 1/4/2001 2:57 PM
.LL. ,(N.. .L.J. 1:.'':1 L"llVI J V.l L Y ' .... ,.Lel J.,'::' .....',.L.I. .LL.C
Pagc __of __
CITY OFNEWPORT, 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: _
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 Crei'Jted un 1/412001 2:36 PM
/J-/!-(-/)
Application for Arcade/Juke Box or Mechanical Amusement Device License
DATE:
Applicant: _-'--L-'-'tI'-!,.=,S_'-=:t7-=o(!=----_1I: __e-----jlc:-dcd-+'=:/=:I't-c(..-c--:-=,--,- _
mdlvidual, finn or corporation)
Business Address: 8' MefYI oil-it! L 13 Lv(;)
Address (cont.): N (i"W t:)Otl---I- f? r O.;)-8tfb
I
Telephone: L-/O/- 8&/1- 91fllf
"
II
I,!' C",
,
lecJ!/l"(/ Ii
Date 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 S'fA ?tpla r' Sf-: 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 applicant
and 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) $25 each: -fXt I'd II/I 2S 5;\11/
I hereby certify that the above infonnation given by
Me is true and correct to the best of my knowledge
Signature ofApplicant:
Print Name of Applicant: Hill)';df' I ('qjJjJ't
.,.-J'ee qr-r,,-,h-r4 fOr
TotaILicenseFee(s)$Jd tJ!.5-0 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-L
CITY OFNEWPORT, RHODEISLAND
It -(t-/I
DATE:
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
Mechanical Features
COl C\ oqx:<cd:
e1
=d"--__
Serial Number

Y:\MechanicaIAmuscments\2009 Renewal\AppMechanicalAmuse.doc Created all 1/4/2001 2:36 PM
J(T
CITYOFNEWPORT, RHODE ISLAND
. :: \ [;" !I" ':.__ ;! "":" ',--;
Application for Arcade/Juke Box or Mechanical Alpusepient Device License.
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT' i!'
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 O,;t..8"W2
Telephone: l+O I If s- gs I \ b l[- S <f.-b 7 '1
Date - Place of Birth: G,e-Ie ah/I
r Name Address:
..>f:1vI1Aaa. vv( u.1.JL.I1\-1 '3 .. .xA-'A (n.. '3
\1, f-""
and all persons having any interest in the business of the applicant (attach separate sheet, ifnecessary)
o
TOTAL 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 .
Print Name ofApplicant: F;"IIJ fJ; AQtZ
Total License Fee(s) $ 1
I hereby certify that the above infonnation
Me 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 - '1 2-1
DATE: 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
0-'1. 0,
Y:\MechanicaIAmusements\2009 Renewal\AppMechanicaIAmuse.doc Created on 1I4/2001 2:36 PM
(d-f'-/I
CITYOFNEWPORT, RHODEISLAND
Appiication for Arcade/Juke Box or Mechanical Amusement Device License
, DATE: JJ -)--/1
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT: P
Applicant: __ ",,':::=f-I-!.N.::..::::L:..- _
(individual, finn or corporation)
Business Address:
.
I'
Address (cont.):
Telephone: __4... :.:::0..'-'_-.:..'0::.' _0_
Date of Birth: _ Age: _
r; .- 2

Place of Birth: -----'---
Name Address:
and 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 by
Me is true and correct to the best afmy knowledge
Signature of Applicant: W JiP...-- \
Print Name ofApplicant: WI LLII-IIY\ ..j, G-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

\" l{ / Y [ {f Last printed 7/26/201110:27 AM
CITY OF NEW ORT, RHODE ISLAND
Dec. 1, 2011
R
Nov. 30, 2012
VICTUALING LICENSE APPLICATION
TO 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

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
I
Litter 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 I
investment involved:
Hours of Operation: I 6:00 am-Midnight . I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? B if yes, specifY extended hours and days:
Hours: I 1 Days: 1 7_d_a
Y
_s ---.J
Is liquor license application being submitted by the applicant? 0 or will it be in the future? D
Description and/or rendering of architecture to be used (if changing). Attached? (YES?No) : :
......... .. -
- - - - - - .. - - - - .. - - - - - - - - - - - - - -DO NOT WRITE BELOW THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - -
Filing Fee:
Date Paid: '---NC-j'-;-1-
j
-[2-. 0-'1 Fee: I (:sz; IDate Paid: I
NOV 142011 ?iJ-r
Approved by Council _ Disapproved by Council _
Issued by Date _
Y: \! jqll()rVil\20 I 0 V1"1'):0 I
PAGE2of2 Victualing License Application
Last printed 7/26/201110:27 AM
Owner: Ash Mart Inc
DBA: Ash Mart
Location: 2 Carroll Ave.
If NEW 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, dumpster
location, and parking area.
Plans attached or on-file (YES or NO):
Location:
Parking
Location?
. , . : ................................. ,
: & Signature:: .----:--:-=r ..: __.._z:.. '"" :
.. . --- _.-/
. : -.< ';..... n ,;;;; :
I
Store Lot I Number:
__________________--J. of Cars
Dumpster? Trash Receptacles?
Right side bldg
Current Seating: I_O --.J
Parking
Available?
Garbage Disposal:
Type/Odor Prevention:
Spray
Weight per pickup:
6 gallons
Number of Cans:
2
I
By Wbom?l. WasteManagement 11;//l5r bY/It/?-
INITIAL to acknowledge receipt ofLitterlTrash Info (if new) :'" .. 1 DATEr .. .
. .
: ..........................
Type of
BUSINESS:
IConvenience Store
Signature of
Applicant:
Your signature below indicates that you have reviewed the information on this two page form and agree that it
is 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:
jqlK1rVil\1.0 J{) VIT201OAppJ icationI\kqtt'..<!oc
License Number: 1185 CLASS: L
Last printed 7/26/2011 10:27 AM
PAGE Iof2 CITY OF NEWPORT, RHODE ISLAND
Dec. 1, 2011-Nov. 30, 2012
TO THE HONORABLE COUNCIL: DATE:
D/B/A Sushi-Go!
LICENSED PREMISES: 215 Goddard Row
OWNER (LLCj
Tsunami Enterprises LLC
Corporation): 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
I
Litter Rating from I Carry Out I
------------------- City Clerk: _
DURATION: I Annual I(Annual is DEC I thruNOV30) or if Seasonal (list dates): 1 I
Estimated monetary I 0 I
investment involved:
H fO
. Illam-9
p
m 1
ours 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? D
Description and/or rendering of architecture to be used (if changing). I N I T I A L ~ " " " : 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 Application
Owner:
DBA:
Location:
Tsunami Enterprises
Sushi-Go!
215 Goddard RW
LLC
location, 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? EJ
Parking
Location?
Garbage Disposal:
Parking
Available?
Location: back of Brick Market
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 of
BUSINESS:
I Eat-In,Take-Out Sushi
is correct. Any change will require that a new application be filed with the City Clerk's office.
Signature of
Applicant:
Phone#:
Date:
..........................
.
.
.
.
"I "
Print Name:
Title: 1 _
Y:\1 ,[quorVit\21) I0 Renewal\ Vrr20 IOApplicationMcrge.doc
Dear Mayor Waluk,
From the Desk of
Patrick D. Shea
P.O. Box 3102
Newport, Rhode Island 02840
RECEIVfE]dJ
NOV 08 2011
MtlCr'll Om:;."
ni t
November 7, 2011
At the time, please accept my resignation from the Juvenile Hearing Board for the
City of Newport effective immediately. I have appreciated the opportunity to serve my
community in such an important capacity and wish the Board continued success in
working 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 Silva
Board Chairwoman Tracy Shea
MEMORANDUM
To: Mayor and Councilors
Thru: Edward Lavallee, City Manager I:.J- \
From: Laura Sitrin, Director of F i n a n c e ~ / ~
Date: December 1, 2011
RE: Police and Fire Pension Valuations
Attached please find the July 1, 2011 police and fire pension valuations. I strongly
recommend that the Council consider having a joint workshop with the Trust and
Investment Commission where the actuaries from Buck Consultants come and
explain the valuations and funding levels. There are significant changes in pension
reporting on the way including having to record the entire liability on our statement
of net assets. There has also been constant media and public focus on the local
plans. 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 GASB
proposed new pension accounting and reporting standards. The actuarial funding
method 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 and
went with market value. Mortality assumptions were revised because the actuaries
insisted on changing them.
Two new tables have been included in the report which you may find helpful. The
first is an appropriation forecast showing both what the City's annUlil required
contribution will be plus the funded status of the plan. This report can be found on
page 7 of the valuations. The second table is on page 8 and shows the major reasons
for changes in the liability during the last year.
The police pension shows a total liability of $76,570,775 of which $43,693,248 is
funded. The unfunded liability is $32,877,527 and the plan is 57.1% funded. The
annual 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 prior
year). The City is 39.6% funded in the fire pension and the annual contribution for
FY13 is increasing by $261,970.
IlII!!
I>
If!
IJ buckconsultants
If!
I>
It
it
,
!It
It
!It
It
It
I
..
it
it
It
,.
It
It
It
It
It
It
It
It
It
~
~
I
,
~
AXerox Company
The City of Newport, Rhode Island
Police Pension System
Actuarial Valuation Report
Prepared as of July 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 of Funding 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 ofJuly I, 20II 10
2B Distribution of Retired Members and Beneficiaries as of July 1,2011 II
3 Actuarial Methods and Assumptions 12
4 Outline of Principal Plan Provisions 15
5 Glossary ofTerms 18
Page I
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, 20II. 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 2
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, 20II, 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 3
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
It
It
It
"It
It
It
It
It
It
It
It
Page 5
TABLEIA
THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEM
VALUATION RESULTS
A. Membership Data July I, 2010' July I, 2011
I,
Active Members
a, Number 78 77
b. Expected covered payroll for fiscal
year beginning on the valuation date $ 4,972,175 $ 5,048,815
c. Average pay $ 63,746 $ 65,569
d, Average age 42.5 42,7
e. Average service 15.4 15,1
2. Retired members and beneficiaries
a, Number 116 118
b. Aggregate annual pensiou $ 3,789,778 $ 4,088,826
c, Average annual pension $ 32,670 $ 34,651
d. Average age 67,8 67.7
3,
Deferred vested members
a. Number 0 I
b. Aggregate annual pension N/A $ 24,240
c. Average annual pension N/A $ 24,240
d, Averageage N/A 42.9
B. Basic Valuation Results
I,
Normal cost' $ 778,731 (15,7%) $ 1,185,085 (23.5%)
2. Actuarial accmed liability
a. Active members $ 28,157,259 $ 25,743,812
b. Retirees and Beneficiaries 46,709,589 50,575,217
c. Deferred vested 0 251,746
d. 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 to
C, Development of Contribution June 30, 2012 June 30, 2013
1. Contribution for fiscal year of
valuation
a, Normal cost with interest $ 866,436 $ 1,318,555
b. Amortization of unfunded actuarial
accrued liability 2,460,279 2,560,548
2
c. Anticipated employee contributions
with interest (427,136) (417,131)
d, City contribution
assumed deposited June 30 $ 2,899,579 $ 3,461,972
2. Monthly City contribution
beginning 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 6
TABLElB
THE CITY OF NEWPl>RT, RHODE ISLAND POLICE PENSION SYSTEM
SCHEDULE OF FUNDINGPROGRESS
(I) (2) (3) (4) (5) (6) (7)
Unfunded UAALasa
Actuarial Actuarial Actuarial Percentage
Valuation Value of Accrued Accrued Funded Covered of Covered
Date 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 Annual
Fiscal 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%
It
It
It
It
It
It
It
It
It
It
It
It
It
It
It
It
TABLEIC
APPROPRIATION FORECAST
Page 7
TABLElD
Page 8
CHANGES 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 9
TABLE IE
THE CITYOF NEWPORT, RHODE ISLAND POLICE PENSIONSYSTEM
DEVELOPMENT OFNPOFORFISCAL YEAR ENDINGJUNE 30, 2011
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Annual Annual
Required Pension Cost Increase in End of Year
Val. Int. Amortization Amortization Contribution Actual City Beginning of [(5)+(7)*(2)- NPO NPO
Fiscal 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 r e t l ~ e t future longevity or promotion pay increases.
TABLE2A
DISTRIBUTION 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 69
170 & up I I
h-otal 4 7 13 13 12 19 8 I 77
Average: Age
Service
42.66
15.09
Number of participants: Vested
Non-vested
53
24
Page 11
TABLE2B
DISTRIBUTION OF RETIRED MEMBERS AND BENEFICIARIES AS OF JULY 1, 2011
Men Women
Age Number Amount Number Amount
Under40 1 $8,942
40-44 2 84,839 1 $43,022
45-49 4 180,948 1 8,859
50-54 2 113,304
55-59 19 789,221 4 74,485
60-64 15 652,352 4 86,254
65-69 14 648,834 4 60,494
70-74 12 476,874 2 51,712
75 1 66,106 1 25,232
76 1 41,768
77 1 38,964 1 11,183
78
79 2 42,762
80 2 12,266
81
82 3 48,698
83
84 2 95,160 3 41,716
85 1 43,122
I
86 1 12,068
I
87 4 134,077 1 17,415
88 3 66,557
I
89 2 53,514
I 90
~
91
92 1 28,991
I
93
I
94
I
95 1 3,260
96 1 21,102
I
97 1 4,725
I
98
I
99
100
84 $3,499,778 34 $589,048
There is one member entitled to a deferred vested benefit.

ACTUARIAL METHODS AND ASSUMPTIONS
Actuarial Cost Method:
Asset Valuation Method:
Actuarial Assumptions:
1. Interest
2. Salary Increases
3. Cost afLivingIncrease
Page 12
TABLE 3
Individual Entry Age Normal actuarial cost method: Under this
method, the actuarial present value of the projected benefits of each
individual included in the valuation is allocated as a level percentage
of the individual's projected compensation between entry age and
assumed exit. The normal cost is the portion of the actuarial present
value allocated to the valuation year. For inactive members, the
actuarial present value of projected benefits is equal to the Present
Value of Benefits. Inactive members do not have a normal cost. The
portion of this actuarial present value not provided for at the
valuation date by the sum of the actuarial value of the assets and
actuarial present value of future normal costs is the unfunded
actuarial accrued liability. The unfunded actuarial accrued liability
represents the excess of the total actuarial accrued liability over the
valuation assets. .
The prior valuation used the Projected Unit Credit actuarial cost
method.
Market value, as reported by the City
The prior valuation reflected the 5 year smoothed actuarial value of
assets.
7.50% per year, net of investment expenses
3.00% per year plus longevity increases of 3.00% after seventh year
of employment and 0.50% for each year of employment thereafter
through the thirty-first year of employment. No longevity increases
are assumed after the thirty-first year of employment.
3.00%
The 1985 Wyatt Pension Disability Table (unisex rates)
Assumed to be paid by the plan sponsor outside the trust
Page 13
Probability ofDisability
0.17%
0.29
0.72
1.21
Probability ofWithdrawal
3.00%
2.25
2.00
1.75
1.50
1.25
1.00
0.75
0.50
0.25
0.00
Probability ofRetirement
5%
2
40
20
100
Years ofService
less than I
I
2
3
4
5
6
7
8
9
10 or more
AttainedAge
25
35
45
55
TABLE 3
(continued)
Rates of disability are based on an employee's age. Selected ages are
listed below. 100% of disabilities are assumed to be non-service
related.
The RP-2000 Combined Mortality Table was the mortality
assumption 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 fully
generational basis
Rates ofwithdrawal are based on an employee's length of service, as
follows:
Years ofService
20
21-24
25
26-34
35 or more
b. Disabled Members
4. Mortality
a. Healthy Members
5. Disability
6. Withdrawal
7. Retirement Age
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 under
Section 401(a)(l7) of the Internal Revenue Code are assumed to
have 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 are
assumed to have no dependent children at death.
July 1,2011
OUTLINE OF PRINCIPAL PLAN PROVISIONS
TABLE 4
July I, 1995
Members who have completed 20 years of service may retire.
Benefit as a Percentage
ofannual Salary
50%
52.5
55
57.5
60
62.5
64
65.5
67
68.5
70
Years ofService
20
21
22
23
24
25
26
27
28
29
30 or more
All members of the police department who contribute to the
pension fund
Page 15
The annual benefit at retirement is equal to the percentage of annual
salary specified in the table below, plus $100 per year for each year
of service over 25 (maximum $1,000). For pension purposes, annual
salary includes regular and longevity pay.
Retirement benefits commence as of the first payroll period after
retirement.
The annual benefit calculated in accordance with the formula In (b)
above is payable monthly for the remainder of the retired member's
life, with 67.5% of the member's benefit payable for the lifetime of
his surviving spouse.
b. Benefit Formula
Most Recent Amendment
a. Eligibility
d. Form of Payment
c. Commencement Date
2. Eligibility'
3. Retirement
1. Effective Dates
~
~
-
-
.-
..
..
..
'"
'"
'"
'"
,.
,.
,.
,.
"
"
"
,.
,.
,
"
II')
~
P;)
~
~
~
~
4. Vested Termination
~
a. Eligibility
'!)
~
b. Benefit Fonnula
!PJ
!PJ
~
~
d. Fonn of Payment
~
~
5. Disability Retirement
~ a. Eligibility
~
I. Non-Service Related
~
~
~
2. Service Related
~
I
b. Benefit Fonnula
I. Non-Service Related
2. Service Related
l
d. Fonn ofPayment
6. Non-vested Termination
ofEmployment
Page 16
TABLE 4
(continued)
Upon tennination of employment after i 0 years of service a member
is eligible for a benefit deferred to retirement age.
2.5% of annual salary multiplied by full years of service at
telmination
20th anniversary of employment
Same as retirement
No benefit prior to completion of 7 years of service. A member who
is disabled with between 7 and 20 years of service is eligible to
receive disability retirement benefits.
Retirement because of a job related mental or physical incapacity
50% of annual salary
66-2/3% of annual salary
Benefits commence as ofthe first payroll period after disability.
Same as retirement
A member who leaves employment prior to completjng 10 years of
service will receive a lump sum payment of his accumulated
contributions.
7. Death before Retirement
- Survivor Annuity Benefits
a. Eligibility
b. Benefit Formula
d. Form of Payment
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 of
67.5% of annual salary, reduced pro rata if deceased member had
less 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) are
indexed to the negotiated pay increases'for active police. Terminated
vested members receive 3% annual increases after benefit
commencement.
8% of salary
GLOSSARY OF TERMS
1. Present Value ofBenefits
2. Actuarial Cost Method
3. Actuarial Assumptions
4. Actuarial AccruedLiability
5. Normal Cost
6. Assets
7. UnfundedActuarial AccruedLiability
Page 18
TABLES
Represents the dollar value today of all benefits expected to be
earned by current members if all actuarial assumptions are exactly
realized.
The procedure that is used to allocate the present value of benefits
between the liability that is attributable to past service (Actuarial
Accrued Liability) and that attributable to future service.
Estimates made as to the occurrence of certain events that determine
the level of benefits to be provided and how long they will be
provided. The more important actuarifll assumptions include the
investment return on assets, salary increases and the rates of
turnover, disability, retirement and mortality.
The Present Value of Benefits reduced by the present value of future
Normal Costs.
That portion of the Present Value of Benefits that is attributable to
benefits to be earned in the coming year.
Market value of assets of the funds set aside though City and
member contributions to provide for benefits.
In the prior valuation, this value was represented by the actuarial
value of assets, which creates a smoothed value of the market value
of assets by spreading asset returns over the last 5 years.
That portion of the Actuarial Accrued Liability not covered by
Assets.
'Jl
'D
'D
'0 buckconsultants'
'v
'0
~ v
,)
'v
!t)
,)
~
!tv
...)
~
~
.1
'- /
~
~
~
~
~
..
~
~
~
~
~
~
~
~ .
~
7
~
~
~
~
~
~
,
A Xerox Company
The City of Newport, Rhode Island
Fire Pension System
Actuarial Valuation Report
Prepared as of july 1,2011
November 2011
blUlckconsultants
"
"
"
"
"
"
"
"
"
"
"
fI
fI
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 of Funding 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 of Retired Members and Beneficiaries as of July 1,2011 II
3 Actuarial Methods and Assumptions...... 12
4 Outline of Principal Plan Provisions 15
5 Glossary of Terms 18
"
"
"
I'
I'
I'
,.
,II
,II
,II
,II
,II
,II
,II
~
~
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.
It
lit
..
It
lit
It
It
it
it
lit
it
lit
lit
lit
lit
lit
lit
lit
lit
lit
lit
lit
lit
lit
"
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%.
,
,
,
t
t
t
..
..
,.
,.
,.
,.
,.
~
~
~
,.
,.
,.
"If
"If
~
~
~
,,/I
~
Page 3
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

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 SYSTEM
VALUATION RESULTS
A. Membership Data July I. 2010 July 1,2011
I. Active Members
a. Number 88 84
b. Expected covered payroll for fiscal
year beginning on the valuation date $ 4,996,160 $ 4,891,283
c, Average pay $ 56,775 $ 58,230
d. Average age 43.1 43.6
e. Average service 13.6 14.0
2. Retired members and beneficiaries
a. Number 114 117
b. Aggregate auuual pension $ 4,494,909 $ 4,657,455
c. Average annual pension $ 39,429 $ 39,807
3, Deferred vested members
a. Number 1 1
b. Aggregate auuual pensiou $ 18,456 $ 18,456
c. Average annual pension $ 18,456 $ 18,456
B. Basic Valuation Results
1. Normal cose $ 938,485 (18.8%) $ 1,167,259 (23.9%)
2. Actuarial accrued liability
8. Active members $ 24,432,727 $ 22,242,609
b. Retirees and Beneficiaries 57,476,525 60,531,947
c. Deferred Vesteds 121.704 132,574
d. 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 to
C. Developmeut of Contribution June 30, 2012 June 30. 2013
I. Contribution for fiscal year of
valuation
a. Normal cost with interest $ 1,041,155 $ 1,294,957
b. Amortization ofunfuuded actuarial
accrued liability 3,947,536 3,982,309
2
c. Anticipated employee coutributions
with interest (427,950) (454,555)
d. City contributiou
assumed deposited June 30 $ 4,560,741 $ 4,822,711
2. Monthly City coutribution
begiuuing July 31 $ 367,591 $ 388,705
It
Il)
Il)
Il)
It
It
it
it
..
..
"
"
"
"
III
III
II
II
II
..
tit
Jj
""
""
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
,
,
,
,
~
~
t
t
t
~
~
t
t
#I
#I
#I
III
III
III
II
II
II
Page 6
TABLEIB
THE ClTY OF NEWPORT, RHODE ISLAND FffiE PENSION SYSTEM
SCHEDULE OF FUNDING PROGRESS
(1) (2) (3) (4) (5) (6) (7)
Unfunded UAALasa
Actuarial Actuarial Actuarial Percentage
Value 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%)
TABLEIC
Page 7
THE CITY OF NEWPORT, RHODE ISLAND FiRE PENSION SYSTEM
APPROPRIATION FORECAST
The following exhibit forecasts the Annual Required Contribution and Funding Ratio under the adopted
funding schedule.
Funded
Ratio %
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%
Benefit
Payments
4,941,445
5,141,795
5,388,349
5,559,386
5,728,214
5,957,919
6,212,740
6,433,396
6,668,314
6,890,252
7,138,911
7,443,453
7,728,497
7,971,926
8,223,022
8,482,028
8,749,191
9,024,770
9,309,028
9,602,240
9,904,687
Annual
Required
Contribution
4,822,711
4,977,038
5,136,304
5,300,665
5,470,286
5,645,335
5,825,986
6,012,417
6,204,814
6,403,368
6,608,276
6,819,741
7,037,973
7,263,188
7,495,610
7,735,470
7,983,005
8,238,462
7,918,407
1,528,979
1,577,906
Anticipated
Employee
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)
Amortization
of VAL
3,982,309
4,109,743
4,241,255
4,376,975
4,517,038
4,661,583
4,810,754
4,964,698
5,123,568
5,287,522
5,456,723
5,631,338
5,811,541
5,997,510
6,189,430
6,387,492
6,591,892
6,802,833
6,436,838
Normal Cost
1,294,957
1,336,396
1,379,161
1,423,294
1,468,839
1,515,842
1,564,349
1,614,408 '
1,666,069
1,719,383
1,774,403
1,831,184
1,889,782
1,950,255
2,012,663
2,077,068
2,143,534
2,212,127
2,282,915
2,355,968
2,431,359
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 Year
Ending In
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
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
--
--
..
..
..
~
~
TABLElD
Page 8
CHANGES 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 c o ~ e s p o n d e d 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:
It
It
It
It
It
It
It
It
It
It
It
It
It
It
It
It
.-
.-
,.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - - - - - - - - - - - - - - - - - - - - _ .
Page 9
TABLE IE
DEVELOPMENT OFNPO FORFISCAL YEARENDINGJUNE 30, 2011
(I) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Annual Annual
Required Pension Cost Increase in End of Year
Val. Int. Amortization Amortization .Contribution Actual City Beginning of [(5)+(7)*(2)- NPO NPO
Fiscal 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.

Page 10
TABLE2A
THE CITYOFNEWPORT, RHODE ISLANDFIRE PENSIONSYSTEM
DISTRIBUTION OF ACTIVE MEMBERS AS OF JULY I, 2011
Completed Years ofService
Ae: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.

.
to 29 2 1 3
3 4 3 10
to 39 I 4 7 12
'10 to 44 2 I 2 10 5 20
'15 to 49 I 2 3 6 4 16
50 to 54 I 3 5 5 I IS
55 to 59 2 2 I I 6
60 to 64 I I 2
05 to 69
rO&up
trotal 4 7 13 26 18 11 2 2 1 84
Average: Age
Service
43.63
14.04
Number ofparticipants: Vested
Non-vested
60
24
.It
.It
.It
.It
Page 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
.It
Men Women
.-
Age Number Amount Number Amount
..
.-
Under 40
.-
40-44 1 $36,735 1 $30,424
45-49
.. 50-54 6 294,370
It
55-59 15 735,903 1 26,123
..
60-64 25 1,172,970 2 44,007
65-69 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 28,090
81 1 60,463 1 24,932
..
82 1 34,936
..
83 2 94,985 2 58,314
84 2 70,640 3 64,713
..
85 2 68,953 2 10,000
..
86 1 28,594
..
87 2 42,033
88
..
89
..
90
..
91 1 16,418
92
..
93
..
94
..
95
96
..
97
..
98
..
99
100
..
/I
92 $4,149,138 25 $508,317
/I
/I
There is one member entitled to a deferred vested benefit.
/I
It
It
It
It
ACTUARIAL 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 this
method, the actuarial present value of the projected benefits of each
individual included in the valuation is allocated as a level percentage
of the individual's projected compensation between entry age and
assumed exit. The normal cost is the portion of the actuarial present
value allocated to the valuation year. For inactive members, the
actuarial present value of projected benefits is equal to the Present
Value of Benefits. Inactive members do not have a normal cost. The
portion of this actuarial present value not provided for at the
valuation date by the sum of the actuarial value of the assets and
actuarial present value of future normal costs is the unfunded
actuarial accrued liability. The unfunded actuarial accrued liability
represents the excess of the total actuarial accrued liability over the
valuation assets.
The prior valuation used the Projected Unit Credit actuarial cost
method.
Market value, as reported by the City
The prior valuation reflected the 5 year smoothed actuarial value of
assets.
7.50% per year, net of investment expenses
3.00% per year plus longevity increases of 3.00% after seventh year
of employment and 0.50% for each year of employment thereafter
through the thirty-first year of employment. No longevity increases
are assumed after the thirty-first year of employment.
Members retired priorto August 26, 2011: 3.00%
Members retired on or after August 26, 2011: Bureau of Labor
Statistics CPI for Northeast Urban Wage Earners, not exceeding
3.00% or less than 0.50%
The increase assumption for all members was 3.00% in the prior
valuation.
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 ofDisability
0.17%
0.29
0.72
1.21
Probability ofWithdrawal
3.00%
2.25
2.00
1.75
1.50
1.25
1.00
0.75
0.50
0.25
0.00
Probability ofRetirement
5%
2
40
20
100
Years ofServke
less than 1
1
2
3
4
5
6
7
8
9
10 or more
Years ofService
20
21-24
25
26-34
35 or more
AttainedAge
25
35
45
55
Mortality tables prescribed by the IRS for non-governmental plans,
as specified in IRS Regulation 1.430(h)(3)-I, applied on a fully
generational basis
Rates of disability are based on an employee's age. Selected ages are
listed below. 90% of disabilities are assumed to be service related.
The RP-2000 Combined Mortality Table was the mortality
assumption in the prior valuation.
Rates of withdrawal are based on an employee's length of service, as
follows:
a. Healthy Members
b. Disabled Members
4. Mortality
5. Disability
6. Withdrawal
7. Retirement Age
8. Administrative Expenses
"
I
I
I
,.
,.
,.
9. Benefit and Compensation Limits
10. Marriage / Dependents
II. Valuation Date
Page 14
TABLE 3
(continued)
Benefit limits under Section 415 and compensation limits under
Section 401(a)(l7) of the Internal Revenue Code are assumed to
have no impact on benefits earned under this plan.
90% of active firefighters 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 are assumed to have no dependent children at death.
July I, zon
THE CITY OF NEWPORT, RHODE ISLAND FffiE PENSION SYSTEM
OUTLINE OF PRINCIPAL PLAN PROVISIONS
TABLE 4
July 1,2002
All firefighters who contribute to the pension fund
Benefit as a Percentage
ofannual Salary
50%
52
54
56
58
65
66
67
68
69
70
Years ofService
20
21
22
23
24
25
26
27
28
29
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 20
years of service.
Members retired on or after July I, 20II: earlier of attainment of age
58 or completion of 30 years of service
Page 15
The annual benefit at retirement is equal to the percentage of annual
salary specified in the table below, plus $100 per year for each year
of service over 25 (maximum $1,000). For pension purposes, annual
salary includes regular and longevity pay.
Retirement benefits commence as of the first payroll period after
retirement.
The armuaI benefit calculated in accordance with the formula in (b)
above is payable monthly for the remainder of the retired member's
life, with 67.5% of the member's benefit payable for the lifetime of
his surviving spouse.
Most Recent Amendment
b. Benefit Formula
a. Eligibility
d. Form of Payment
2. Eligibility .
1. Effective Dates
3. Retirement
II'
,.
,.
,.
,.
,.
,.
,.
,.
"
"
"
"
"
"
"
"
..
4. Vested Termination
a. Eligibility
b. Benefit Fonnula
d. Fonn of Payment
5. Disability Retirement
a. Eligibility
b. Benefit Fonnula
1. Non-Service Related
2. Service Related
,.
3. Regular Retirement
,.
,.
,.
,.
d. Fonn of Payment
,.
,.
6. Non-vested Termination
ofEmployment
,.
,.
,.
,.
,.
,.
,.
,.
,.
,.
,.
,.
Page 16
TABLE 4
(continued)
Upon tennination of employment after 10 years of service a member
is eligible for a benefit deferred to retirement age.
2.5% of annual salary multiplied by full years of service at
tennination
25th anniversary of employment
Same as retirement
A member who is retired because of mental or physical incapacity is
eligible to receive disability retirement benefits.
If a member has fewer than 10 years of service, benefit is 25% of
annual salaty. If a member has more than 10 years of service,
benefit is 25% of annual salary plus an additional 2.5% of salary for
each year over 10, up to a maximum of62.5% of salary.
Benefit is 66-2/3% of annual salary
If an employee has 25 or more years of service at disability, his
pension 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 of
service will receive a lump sum payment of his accumulated
contributions.
.-
7. Death before Retirement

- Survivor Annuity Benefits
a. Eligibility
b. Benefit Fonnula
d. Fonn of Payment
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 of
67.5% of annual salary, reduced pro rata if deceased member had
less than 20 years of service.
Benefits commence as ofthe first payroll period after death.
Monthly life annuity
Members retired prior to August 26, 201l:Pensions for retirees and
disabled retirees (but not beneficiaries) are indexed to the negotiated
pay increases for active firefighters. Tenninated vested members
receive 3% annual increases after benefit commencement.
The above provision was in place for all members in the prior
valuation.
Members retired on or after August 26, 20II: For those entitled to
annual increases, they will equal the Bureau of Labor Statistics CPI
for Northeast Urban Wage Earners but will not exceed 3% nor be
lower than 0.5%.
9% of salary
The rate of employee contributions in the prior valuation was 8%.
THE CITY OF NEWPORT, RHODE ISLAND FmE PENSION SYSTEM
GLOSSARY OF TERMS
..
..
1. Present Value ofBenefits

2. Actuarial Cost Method
3. Actuarial Assumptions
4. Actuarial AccruedLiability
5. Normal Cost
6. Assets
7. UnfundedActuarial AccruedLiability
Page 18
TABLES
Represents the dollar value today of all benefits expected to be
earned by current members if all actuarial assumptions are exactly
realized.
The procedure that is used to allocate the present value of benefits
between the liability that is attributable to past service (Actuarial
Accrued Liability) and that attributable to future service.
Estimates made as to the occurrence of certain events that detennine
the level of benefits to be provided and how long they will be
provided. The more important actuarial assumptions include the
investment return on assets, salary increases and the rates of
turnover, disability, retirement and mortality.
The Present Value of Benefits reduced by the present value of future
Normal Costs.
That portion of the Present Value of Benefits that is attributable to
benefits to be earned in the coming year.
Market value of assets of the funds set aside though City and
member contributions to provide for benefits.
In the prior valuation, this value was represented by the actuarial
value of assets, which creates a smoothed value of the market value
of assets by spreading asset returns over the last 5 years.
That portion of the Actuarial Accrued Liability not covered by
Assets.
Silvia, Kathy
From:
Sent:
To:
Cc:
SUbject:
Attachments:
Kyle F Hence [kylehence@earthllnk.net]
Monday, November 28,2011 5:11 PM
Silvia, Kathy
Waluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; Naomi Neville; Harry
Winthrop; McLaughlin, Justin; Leonard, Kathryn E.
Open Letter regarding proposed Queen Anne Square Re-development
Open Letter to Mayor reo Queen Anne Square.pdf; ATT198447.htm
Honorable Mayor Waluk
and Members of the City Council
43 Broadway
Newport RI 02840
Reflections on the Backlash to Maya Lin's Re-design for Queen Anne Square
-An Open Letter to the Newport Community
by 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: healthy
local 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 to
those who joined Anne Hutchison's move to the Island, I was proud of my community's turnout and its understanding of the importance
of 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. (Up
20+% monthly!) Fann Fresh RI folks then spoke with Marilyn about howthey could help bring more fresh food to the needy. These are
conversations worth having in our city; projects clearly deserving of financial support from those who can invest, give, or allocate, if you
are a city councilor, .
The Maya Lin 'gift' in its many facets offers a disturbing refiection of the sometimes misdirected thinking and inflated influence of the
minority 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 homeless
who have slept within a small plot of bushes in the park. Instead of pushing to resolve homelessness, re-design advocates have
employed the specter of the homeless to spook Newporters into supporting a famous designer's vision. Now I'm well accustomed to big
government 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 asked
to 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 Anne
Square that we need security cameras to keep an ever-present watch? Calls to the police department about problems in the Square
amount 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 down
beautiful mature trees she planted. There is also the issue of faux foundations in an historic district. Each has added a cogent voice in
this debate.
However, my larger concern is that a seemingly detached minority, in thrail to a famed designer, are distanced from more grave and
real local concerns and all too willing to stoke fears, and propose Big Brother solutions In the heart of downtown. Worse, they insist on
promoting 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 three
growing concerns among many others deserving of the level of funding and focus the Maya Lin project has engendered: First, local
food (a State economy 'beacon'). Second, hunger. Third, homelessness. In these we'll find true community restoration worthy of wider
support, 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 City
Councilors 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 and
realign our priorities.
Kyle F. Hence
http.Ilwww.whbf.com/storvI16058703/Proposed-redesign-of-ri-park-prompts-backlash
Contact:
kylehence@earthlink.net
32 King Rd.
401-935-7715
O'
2
,i
NOV - 7 2011
Anne DuBoseJoslin
7 November 20ll
Kathy Silvia, Clerk of the City of Newport RI:
Due to the fact that RESOLUTION OF THE COUNCIL No. 2011070 is based on nothing
but faulty assumptions, premises and presumptions, said RESOLUTION of the Council
should 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 an
affirmative 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 RESOLUTION
concerning Newport's Queen Anne Square Park and the Newport Restoration Foundation concludes
with a RESOLVED that "The city of Newport welcomes the opportunity to partner with the NRF/DDCF
in executing this project and commits the city to work with themin support of its implementation." Due
to the numerous untruths contained within the statements outhnedin the submitted RESOLUTION, it
would 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 historic
preservation 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 18
th
century
or 19th century therefore cannot be considered "colonial."
Another assumption in the RESOLUTION is that in 1978, Doris Duke donated through the NRF the
parcel 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. Duke
did deed three properties to the Newport Redevelopment Agency, one on Thames Street and two on
Church Street, just over 6,000 square feet or 3% of the 1.75 acre park. In return, the Agency, which
owned the park land, deeded to Ms. Duke a Mill Street property of over 5,000 square feet and bordering
Queen Ann Park; it is owned and leased by the NRF today. Only at the discretion of the Agency and with
the collaboration of Trinity 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 deeded
Queen 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 Monument
Foundation (DDMF) worked with artist Maya lin and landscape designer Edwina VonGal to create a
design 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 to
the city residents, city manager or city solicitor for analysis. It seems unreasonable that the City Council
would pass a RESOLUTION whereby not one document or desigo was submitted in advance for Council
study (an artistic rendering is insufficient). The City Council could not possibly know the intentions of
the NRF if the NRF is incapable of producing the proper materials to support their claims. The Council
RESOLUTIONvote 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 ask
questions and make appropriate comments; the plans have been held hostage thereby eliminaring the
necessary input from the public. City Council members have held only one open workshop, in mid-
August, which was just another opportunity for the NRF to pontificate the benefits of their platform. At
this event the executive director, Peiter Roos, did not present one piece of tangible evidence relating to
the design proposal; his sixty (60) presentations have been no more than supposition and fabrication.
The RESOLUTIONfurther states that the NRF and its Monument Committee offers to "Install and
maintain the park based on similar public-private partnerships such as the City and Friends of Ballard
Park, 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 and
generous benefactor, she had everyjustification to form a board, Friends of Ballard Park, to protect
against any future alterations of her nature preserve. Never owning any of the city park acreage except
for one residence, Doris Duke had no property to give and when she completed her design effort, her part
of the project was over. The Redevelopment Agency, not the NRF, gifted the park to the people. The
NRF 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 redesign
and management control over a city-owned park based on a RESOLUTIONfilled with falsehood. The
City 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 nothing
but faulty assumptions, premises and presumptions, said RESOLUTION of the Council
should 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 [a.b.segal@atl.net]
Monday, November 28, 2011 10:43 PM
Waluk,Stephen; Harry Winthrop; Napolitano, Jeanne-Marie; Leonard, Kathryn E.; Silvia,
Kathy; letlers@providencejournal.com; news@newportthisweek.net; Naomi Neville; Fay, Pat;
Justin McLaughlin; Steve Waluk; Charles Y. Duncan
Queen Anne Square Plans and Specifications
Crime 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 Plans
and Specs will be available at least one week in advance of the Public Workshop, and
you 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 and
answer questions is more in line with the Public process and the perception of a fair and
just Workshop.
Sincerely,
Andrew Segal
Newport, RI
1
The Facts Regarding Crime in Newport's Queen Anne Square
Some City Council Members justify that the installation of the proposed Newport
Restoration Foundation (NRF) Maya Lin redesign of Queen Anne Square (QAS) will
reduce crime.
No one can accurately predict the outcome.
I requested a copy of the same study document the Council received from the
Newport Police Department. It prOVided a breakdown of the crimes and calls to QAS
over 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 a
potential incident. Only 122 calls of those dispatched resulted in Verified QAS
incidents. Approximately 80% of those calls related to disorderly conduct, simple
assault, traffic, and alcohol possession. Most of those calls were non-punishable
crimes.
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 the
Foundations with tables and chairs to hang out, QAS will invite a major increase in
folks gatherings after bar closings. The accompanying noise, litter, property
defacement and possible altercations, all of which is minimal without the Maya Lin
designed additives will increase. Like moths attracted to lights, the bar flies will
find their way into lighted Ghost Foundations as havens, which currently do not
exist in QASj.
If the Park officially closes at 9:00p, how many additional Tax Dollars will be
needed in the future to patrol and respond, monitor and control Police Surveillance
Cameras in QAS when the NRF revamping is completed? We are told the Lin
Design comes with no additional cost to Tax Payers!
In conclusion, over the Study Period conducted there were 186,000 total Police
Service Calls in the entire City of Newport. QAS represented only.0012% of all
those 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 a
drastic change to the existing QAS to reduce crime has little or no merit, as does
the "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 design
which has the qualities of a magnet for crime and undesirable activities.
Andrew Segal
Newport, RI
Silvia, Kathy
From:
Sent:
To:
Cc:
Subject:
Mary Shepard [mshepardri@aol.com]
Saturday, December 03, 2011 3:10PM
Waluk,Stephen
Napolitano, Jeanne-Marie; Kathyrn E. Leonard; McLaughlin, Justin; Charles Y. Duncan;
Naomi Neville; Harry Winthrop; Waluk,Stephen; Silvia, Kathy; Nicholson, Joseph
5 LEGAL REASONS WHY MAYA LIN PLAN SHOULD NOT GO FORWARD
RE: 5 LEGAL REASONS WHY MAYA LIN PLAN SHOULD NOT GO FORWARD
Dec. 3,2011
Dear 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 the
process was so flawed and undemocratic. The Maya Lin plan is like someone's putting a large and expensive
monumentin 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 have
been. 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 will
enjoy this park more. Adding a few sensitively placed benches and improving the lighting
would probably do the job just fine, and the city could easily afford it. A very public
conservancy could help raise extra funds for maintenance and have fun and keep the parks
visible. But the city should not give over authority for administering the park to the NRF or
anyone 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 the
project
Environmental concerns should not allow construction before testing the site
1. CONTAMINATION CONCERNS: RI Dept. of Environmental Management
points out need for prior exploring possible toxins in soil due to dry cleaning
plant 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 illegal
in its timing: it "committed" the councilors to the plan way before their
constituents had figured out what was happening or could weigh in their
opinions. The Newport Daily News had only annonnced the Maya Lin plan the
week before.
1
3. The 1981 deed between the Newport Redevelopment Agency and the city was
like a modern day easement which limited future changes to the park:
Clearly major intrusions such as these large foundations are not part ofthe
intent or are they on the deed's list of allowed changes.
The document mentions the following restrictions: ."...shall not be used for
commercial activity of any kind and that no building of structure temporary or
permanent shall be erected there-on. The proceeding restrictions shall include
tents, booths, stages and display stands, but shall not prohibit the erection or
installation 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 a
stretch.
4. Park is city owned land and public process should be abided by early on with
any major reconfiguration. Public process means choices and community
involvement - and suggests a competition. It means the people need to have their
voices heard - from the beginning of the process. In this case, the designer was
hired almost a year before the people knew about this plan.
5. Neither the people nor the council had the plan's specifications, its details, as
of Dec. I, 20II, so how can they vote on it? Only on Dec. 2, 20II the were the
final specifications in booklet form from Maya Lin's office available in the city
clerk's office. No plans had been sent to the public libraries at that time. The
people need at least 6 weeks and ample publicity as to where they can view these
more exact and "final" plans, so they can see and understand what they may be
getting. A small model at the Newport Public Library since late October is vague
and insufficient.
Let's not allow special interests to prevail over the will o/the people, as they sometimes do on
the nationalleve!! Councilors need to represent their constituents, and consider the large
numbers o/constituents who voiced concerns against the plan and not be u n d u ~ v influenced by
thoughts ofcampaign donations expectedfrom the wealthy group in favor ofthis Maya Lin park
plan. They need to remember it's the quantity o./votes that will determine their reelection, not
the size ofthe campaign chest. Constituents 'who feel they were not heard will likely not re-elect
such councilors.
2
Silvia, Kathy
From:
Sent:
To:
Cc:
Subject:
Attachments:
Gigi Tollefson [gigit54@cox.net]
Sunday, December 04, 2011 11 :54 AM
Silvia, Kathy
Waluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; McLaughlin, Justin; Naomi
Neville; Leonard, Kathryn E.; Bowman, Carol; Darby, Tom; City Manager; Wheeler, Scott
Queen Anne Square and Merry Christmas!
DSC00611.jpeg; ATT293451.htm
Dear Mayor, Councilors, and City Departments,
A Message to All:
The placement of PUBLIC 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 to
move forward with this particular plan. It is each individual's right to an opinion to like this plan or not or to be indifferent. The
only 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 in
place.
These items include the placement of a particular work of art and/or monument, the location, the renovation of an entire public
park, history of the park and its value and significance, placement of an addition public figure's name on the park and
siguificance, the moving of existing monuments, desire of the community to foster local talent through competition, public art
as enhancement to a particular location or as a destination, impact on history, economic impact, etc. All these items and more
would be reasonable to consider.
Whatever the outcome of the upcoming vote on Queen Anne Square-- the NRF's Maya Lin plan or an alternative of
improvements--all the people of Newport should be happy that awareness was raised. It underscores the need to establish a clear
public process and a thoughtful commission within the city hall. A process that can no longer be neglected. A process that will
embrace 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>3
Love our Newport Flag! Love Will Conquer All!
1
Silvia, Kathy
From:
Sent:
To:
Cc:
Subject:
Nov. 28, 2011
Gigi Tollefson [gigit54@cox.net]
Monday, November 28,2011 3:10 PM
Silvia, Kathy
Waluk,Stephen; Duncan, Charles Y.; Napolitano, Jeanne-Marie; Naomi Neville; Harry
Winthrop; McLaughlin, Justin; Leonard, Kathryn E.
Queen Anne Square
The Honorable Mayor Stephen C. Waluk
& Honorable Members of the City Council
City Hall
43 Broadway
Newport 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 graduate
student, Julie M. Williams at the Center on Philanthropy at Indiana University who wrote a piece on the life and
philanthropic 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 Restoration
Foundation, by Pieter Roos, Bruce MacLeish, and Robert Foley. Pages 9 and 10 describe and show the
creation 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 purpose
is to honor Miss Duke by raising over $3.5 million dollars to renovate, partially maintain and administer the
landmark park she created for the people of Newport. No one in Newport would debate the great contribution
the late Miss Duke made to Newport's status as the city with the greatest number ofrestored colonial homes in
America.
The irony is: the very foundation Miss Duke created and the local organizations likewise supporting this
renovation use the words historical, restoration, and preservation to describe their own missions whilst they plan
and/or support the removal ofDoris Duke's original design, the antithesis of what the historic-minded should
protect and cherish.
It's hard to believe acceptance ofthe NRF proposal is how the city of Newport may choose to honor her
and the living history which is Queen Anne Square. I hope you take a few minutes to read and consider these
two items in your decision.
I urge you to vote no on the proposal ofthe NRF to renovate Queen Anne Square with a Maya Lin
design. I also urge the council to consider options for historic restoration, improvements and preservation, the
principles Newport so visibly embraces today.
1
Sincerely, with gratitude,
Gigi Tollefson
Native Newporter
711 Aquidneck Ave.
Middletown, RI 02842
401.527.9911
2
CITY OF NEWPORT
AD HOC COMMITTEE ON WASTEWATER
AND
STORMWATER SYSTEMIMPROVEMENTS
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 up
of seven members appointed by the Council. The current membership is as follows:
Raymond C. Smedberg, Chairman
Dave McLaughlin, Vice Chairman
Paul Watters, Secretary
Drew Carey, Member
Martin Casey, Member
Charles Taylor, Member
Roger Wells, Member
Regular meetings are held on the first Thursday of the month. The Committee met a total of nine
times during calendar year 20II.
In accordance with the Resolution passed by the City Council creating the Committee, the
Committee'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." Activities
during 2011 addressed a number of wastewater and storm water issues including Storm Water
Management and Regionalization of Wastewater and Storm Water Services. Following is a brief
overview 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 Project
through construction, startup & initial operation. Participated in a tour of the project site;
Monitored the ongoing harbor/bay Water Quality Sampling Program conducted by Clean
Ocean 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 performance
under the United Water agreement;
Joint venture with the effort already under way in Middletown to evaluate alternatives
for meeting storm water management requirements; and,
Actively incorporate regionalization of wastewater and storm water services in the
City's strategic planning.
The following is the attendance for the Committee for 20II :
Name Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Drew
Carey
X X X X 0 0 X X
0
Martin N N N
Casey
X 0 0 X X 0
0
X 0
0 0
X
Dave
McLaughlin
X X X 0 X X M X 0 M M X
Ray E E E
Smedberg
X 0 X X X X
E
X X
E E
X
Chuck T T T
Taylor
0 X X X X X
I
X 0
I I
X
Paul N N N
Waters
X 0 X 0 X X
G
0 0
G G
0
Roger
Wells
X X X 0 X 0 X X
X
X = Attended 0 = Absent
Committee members stand ready to respond to questions or provide additional information
relating to the report as required.
Respectfully,
AD HOC COMMITTEE ON WASTEWATER AND
STORM WATER SYSTEM IMPROVEMENTS
Page 2 of2
Newport Waterfront Commission
Summary &Accomplishments -2011*
us Army Corp of Engineers - Harbor De-Authorization Process Proceeding with
Several 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 in
2012
Engagedwith Roger Williams University's Law School- Marine Affairs Institute
to develop two legal research papers: 1. Newport's Mooring Regulations - Legal
and Policy Analysis, and 2. Legal Considerations for Possible Noise Ordinances
Recommended Administrative Changes to the "First Available" Mooring Waiting
List 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 accomplishmentsfor Newport Harbor would not have not been possible without the
outstanding contributions ofthe Tim Mills, Erin Mulligan, the rest ofthe Harbormaster staff,
all the helpful City departments and staff, andfinally, the exceptional efforts and commitment
ofTeresa Crean and URI's Coastal Resources Center, Julia Wyman ofRWU's Law School,
numerous citizens, community groups (especially Friends ofthe Waterfront), and supporting
public agencies. The Waterfront Commission would like to acknowledge support of the City
Council 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.u
MONICA MAINA, ESQ.
SHARON D. SYBEL, EsQ.......
UMEMBER MA & RI BAR
IJ.- _ILl - J(
LAW OFFICES
BRIAN CUNHA
& ASSOCIATES
311 PINE STREET
FALL RIVER, MASSACHUSETTS 02720
(508) 675.9500
FAX, (508).679.6860
WEBSITE: www.briancunha.com
r
l
" fC' il'
i D I:; !J
nul NOV 16 am
I I I d ' ~ & r c h
November 14, 20II C'L,; c' 'T. .. .
Certified Mail Return Receipt No. 70092820 0000 8844 7926
Department of Transportation
360 Lincoln Avenue
Warwick, RI 02888
RE: Notice of Claim
Dear Sir/Madam:
Please be advised that I struck a pothole on Connell Highway in Newport, Rhode Island on
Thursday, November 10,20II at approximately 7:00 p.m., cracking the right front wheel ofmy 2008
SL 550 Mercedes Benz. I have enclosed photographs ofthe potholes, the cracked wheel and the cost
of 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 attention
and cooperation in this matter.
Very truly yours,
B CUNHA & ASSOCIATES, P.C.
BRC/jl
Enclosure
cc: Town of Newport City Council
Certified Mail Return Receipt No. 70092820 0000 8844 7933
TOLL FREE
18008228300
NEW BEDFORD, MA
(508) 9912100
E. PROVIDENCE, RI
(401) 4845300
11/14/11 MOMO FLX2 Forged Two Piece Wheel, 18" x 8". Silver ET35. 5 x 112 Bolt P.. ,
Mercedes Benz Parts & Mercedes Benz AccessorIes
rfnroRMANcr
" I. '" h "
Merccdes
lfi
rmd Accessurles
18888432822
Welcome /0 Pelfonnance Products For Mercedes o Items 10181:$0.00 View Cart Checkout
!:!!!I!i! I MOMOFL.X2 Forged Two PlElce Wheel, 18" x 6". Sliver Er35, 5 x 112 Boll Pattern. Ats Various Mercedes models.
Contact Us Gift Certificates
!
!
!
!
,
i
i
Click on above image \0 view full picture(s)

MOMO FlX2 Forged Two Piece Wheel, 18" x
8", Sliver ET35, 5x 112 Bolt Pattern. Fits
Various Mercedes models.
Lightweight design
AIr sensor friendly
Forged outer rim
Laser engraved MOMO logo on lip
The MOMO FLXTwo Piece Forged Wheel fealures culling
edge design and style. for which Italians are renowned is
combined wilh sensational attention (0 detail and lop
qualliymanufacture, 10 creale a wheellhal simply reeks
class, and makes everycar a betlercar
This part fltg the vehlcln yOll have selecled.
'2008 MERCBJES-BENZ SL550'
Parli;!:
Price:

P4Q610
$680.99 .
Low Price GUAmnlee
":() ADD TO CART '
Application
YEAR
1984 v 2010
19902010
1991 2010
1995 v 2010
19982007
1998 - 2009
1996 - 2010
2000 2010
2006 - 2010
20062010
MAKE/MODEL
MERCEDES-BENZ
MERCEDESBENZ
MERCEDES-BENZ
MERCEDESBENZ
MERCEDES-BENZ
MERCEDES-BENZ
MERCEDES-BENZ
MERCEDES-BENZ
MERCEDES-BENZ
MERCEDES-BENZ
SERIES BODY NOTES
EClass
SL Class
S Class
C Class
MClass
CLKClass
SlK Class
Cl Class
R Class
CLSClass

TESTED
3
Cop}tTighl2011 Perlormance Products, All rights reserved. Titusville, FL 32780 -1-888-843-2822
performanceproduCls4benz.com/momo
v
flx2forged
v
two-piece-wheel18-x
v
8...
1/1
1401l 849 - 08BO TELE.PHONE
1400 849 - 0897 FACSIMILE
City Clerk
City of Newport
Broadway
Newport, RI 02840
Dear Clerk:

LAW OFFICES OF
RlICHAlRD P.
ONE COURTHOUSE SQUARE
NEWI'OR'I\ RHODE ISLAND O:lil84<1Jl
Octoper 29, 2011,
:: ;1 \,.,
NOV - 2
rdaddario@daddariolaw.com
www.daddariolaw.com
Please consider this letter as notice of a claim that I am
filing against the City of Newport.
On October 27, 2011 at approximately 9:00 AM I was
proceeding south of Charles St. near the intersection at
Washington Square (near the entrance to Ocean Coffee Roasters),
when the bottom of my car struck a water main cover that was
located above the surface of the roadway. As a result of this
my automobile was damaged and it is being repaired at present at
Viti Mercedes in Tiverton.
I am enclosing photos of the site that were taken
immediately following the accident showing the cover that was
actually pulled off when my automobile struck it.
On Friday, October 28, 2011 I was walking at the same
location and another vehicle struck the same cover damaging the
bottom of the car. I notified the police at that time and
repairs were made to the surface. A photo showing the remedial
work is also enclosed.
I will forward along a copy of any invoice I receJ.ve from
Viti as soon as the repairs are completed.
Sincerely,
Richard P. D'Addario
'
I
, .
fts of !-tWly/ ;t2P!!
f1&! N I ppecJ CJor c.lf7?/J- SIa'Jrzl
4/rJ..J) /(;tJfs 1f1l/e $1-
If- sl71/ re>nIfmS An (/''S16Irf!ymeS}.
-h'11/(nk '1<JQre V/!-kJ;f-Qk!rIC/
16r ;Ii- JiJeet- /
I!'t akc!rI' c/A 71 -10 JlJ?/}-IIrtc 4.
9rV7d2 /z; -Ik hou . ;/tkrrl
(:d--I!? '1Jib d-
..
I /;h f1-r./
Het2- /lnD ;/t.o flf>tb
pC/I /;&ck /11 OfJpJC.
t1 )efp lJIe "l,1l) dmhk.-7l1
!.
-vk4/' yacJ pft?? 0"7
-rA/5" a-rdl-. "?U4.>f-;' /:
)'&/Jr CCJUt:se dP iJ.-
A- <l'escrl?2-l6 47!;;:
xhiA I "'Xk :t7tls
. C0'7d v#I/se/vf/IS
($uj;'r }fJu
r
-4n/'Ct;:t!kJJ
CZ:O/prrr!;6'"v .

Iii) i:i:,
I .... ,
11\\
I
I
NOV 1 4 1011
c; \' nl
CI!- ,
Newport Police Department
Incident Report
Incident #: ll-19507-0F
Call #: 11-19507
Da-te/Time Reported:
Report Date/Time: 08/28/2011 1508
Status: Incident Open
Reporting Officer: OFFICER MATTHEW JEPSON
Approving Officer: SERGEANT DAVID STEUER
Signature:
Signature:
# OFFENSE(S) ATTEMPTED TYPE
LOCATION TYPE: Other/Unknown
6 KATZMAN PL
NEWPORT RI 02840
1 DAMAGED VEHICLE
36 M
OCCURRED: 08/28/2011 0941
2 RECEIVE INFORMATION
4518 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 B
6 KATZMAN PL
NEWPORT RI 02840
DOB: 01/29/1934
ETHNICIT: Not of Hispanic Origin
RESIDENT STATUS: Resident
VICTIM CONNECTED TO OFFENSE NUMBER IS} : 1
CONTACT INFORMATION:
Home Phone (Primary) 401-849-2259
2 DRAPEAU I DENISE P
80 COLE ST
JAMESTOWN RI 02835
DOB: 08/21/1952
EMPLOYER: SELF EMPLOYED 401-846-1433
ETHNICITY: Not of Hispanic Origin
RESIDENT STATUS: Non Resident
VICTIM CONNECTED TO OFFENSE NUMBER IS} : 2
CONTACT INFORMATION:
Home Phone 401-560-0162
Cell Phone (Primary) 401-965-0007
Work 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/Vandalized
OWNER: GAINEY, MARY B
VIN: KMHDU46D27U223078
DATE: 08/30/2011
Incident Report
Incident #: 11-19507-0F
Call #: 11-19507
# OTHER PROPERTIES PROPERTY # STATUS
Page:' 2
11/08/2011
1 DAMAGE FROM FALLING TREES
QUANTITY: 1
SERIAL #: NOT AVAIL
DATE: 11/08/2011
OWNER: DRAPEAU, DENISE P
VALUE: $450,00
Destroyed/Damaged/Vandalized
NARRATIVE FOR OFFICER MATTHEW M JEPSON
Ref: ll-19507-0F
Page: 1
Entered: 08/28/2011 @ 1512
Modified: 08/31/2011 @ 0654
Approved: 08/31/2011 @ 1153
---_._-._- ~ - ~ - - - -
Jepson #55
Entry ID: 355
Modified ID: 355
Approv-,,"_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 a
vehicle.
Upon arrival, I observed a large limb down on top of a blue Hyundai Elantra RI:MG-63. Damage appeared to be
minimal. The limb had also taken down power lines in fi'Ont of the residence. I took photos of the vehicle (#'s
60-62), and advised the owner, Mary Gainey DOB 1/29/34, that a report would be done on the incident.
SUPPLEMENTAL NARRATIVE FOR RECORDS CLERK MARCIA J STONE
Ref: ll-l9507-0F
Entered: 11/08/2011 @ 1213 Entry ID: 864
Modified: 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 onto
Ms Gainey's vehicle. Also there was damage to the front yard when the roots were pulled up. Ms Drapeau is
filing a report to recoup some of the damages caused by the falling tree.
Toner Electric Company
305 Oliphant Lane Unit#10
Middletown, RI 02842,
Phone:
Invoice
Invoice Date 10 Sap 2011
Involce# INV
w
19007
Bill To:
DAVID WALKER
80 COLE STREET
JAMESTOWN. RI 02835
8 KATZMAN PLACE
NEWPORT RI 02840
P.O.#
Terms
EMERGENCY REPAIR
Due On Receipt
Invoice Date
Due Date
10 Sap 2011
10 Sop 2011
of servl complelsd: '
PROVIDE SERVICES TO REPLACE THE 100AMP SERVICE DROP AND METER SOCKET DAMAGED FROM
STORM,
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:
Payment 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 Silvia
City Clerk
43 Broadway
Newport, RRI 02840
Dear Kathy,
While parking on John Street (in front of 34), my tire was damaged by poorly
installed curbing.
Enclosed are; 1,)photo of the curbing in question 2.) photo of the damage to the
tire & 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 Grogan
7Red Cross Avenue
Newport,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'423
DEL 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 GROGAN
7 RED CROSS AVE APT 1
NEWPORT, RI 02840-3380
HOME:401-847-1223 CONT,N/A
BUS CELL
LIST LINE OPCODE TECH TYPE HOURS
ltA__ ".ii__Iiiii_IIII__
.. _
NET TOTAL
*-* * * * ***** *** * *'** *** ****** * * ** *****."**-'It *-* ** *-* * * * * *.* *-*
B S/O TIRES IN PARTS-TONY
FOR DOCUMENTATION PURPOSES ONLY
710 CP
PARtS;, 0.00 LABOR, 0.00 OTHER, 0.00
0.00
TOTAL LINE B:
0.00
0.00
****************************************************
(N/C)
(N/C)
(N/C)
25.00
159.00

, Dl- Iii
Iq (162
25.00
159.00
1. 00
C:
161. 00
1. 00
TOTAL LINE 0.00
* *.** **.* *,*'* * * * * *-** * ** * ***'*-* * **,*-* ** * * * * * * * *'** ** * * * *
C CUST STATES RF TIRE IS FLAT (IN TRUNK)
"MB1MOUNTAND BALANCE 1 TIRE
710 CP
''tDTOOO-54001-BS 215/60R16
2 WEIGHT WHEEL
PARTS;; 16Lo0 LABOR: 25. 00 OTHER:
D** SSC 90L PEDAL POTENTIAL FLOOR MAT INTERFERENCE
CAUSE: CAMPAIGN
9911MA 90L PDL & FLR MOD, REFLSH, RMV SND MTL,
CLN CRPT
124 WP
1 04009-52;1.06 TIBIA PAD ASSY
1 78118-41010 STOPPER, ACCELERATOR
FC:'T199T299 PART#, ' COUNT:
CLAIM TYPE: SSC
AUTH',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 HEREONIS ACCURATE UNLESS OTHERWISE The factory warranty constitules all LABOR AMOUNT
43.05
SHOWN. SERVICES DESCRIBEDWERE PERFORMEDAT NO CHARGE TO of Ihe warranties with respec( 10
PARTS AMOUNT
162.90
OWNER. THEREWAS NO INDICATION FROM THE APPEARANCE OF THE
the sale of thIs Ilem\f(ems. The
VEHICLE OR OTHERWISE. THAT ANY PART REPAIRED OR REPLACED
Seller hereby dlscla!ms all
GAS. OIL. LUBE
0.00
UNDER THIS CLAIM HAD BEEN CONNECTED IN ANY WAY WITH ANY
warranties all r elCpress or
Implied, including Implied
SUBLET AMOUNT
0.00 ACCIDENT, 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
5.95
NOTIFICATION AT THE SERVICING DEALER FOR INSPECTION BY
SaUer neither assumes nor
MANUFACTURER'S REPRESENTATIVE.

TOTAL CHARGES
211.90
connection with the sale of this
LESS INSURANCE
0.00
ltemfltams.
SALES TAX
11.82
(SIGNED) AUTHORIZED SIGNATURE (DATE) CUSTOMER SIGNATURE
PLEASE PAY
THIS AMOUNT
223.72
CUSTOMER COPY
STATE OF RHODE ISLAND
NEWPORT, SC.
EDWARD F. KEARNEY
v.
NARRAGANSETT ELECTRIC COMPANY
dba NATIONAL GRID and
LAURA SITRIN, INHER CAPACITY
AS FINANCE DIRECTORFOR
THE CITY OFNEWPORT
COMPLAINT
SUPERIORCOURT
C.A. No. NCll-
,
,
./
1. PIaintiffEdwardF. Kearney is a resident ofthe Town ofPortsmouth, Newport
County, State ofRhode Island.
2. Defendant Narragansett Electric Company doing business as National Grid
(''National Grid") regularly conducts and transacts business in the City ofNewport, Newport
County, State ofRhode Island.
3. Defendant Laura Sitrin is the city finance director for the City ofNewport and is
being sued in her official capacity as the finance director for the City ofNewport.
4. Defendant Laura Sitrin, in her capacity as Financial Director for the
City ofNewport and the City Council for the City ofNewport by and through the Clerk for the
City Council were served with notice ofthe plaintiff's claimpursuant to R.I.G.L. 45-15-5, 45-
15-8,45-15-9 and 45-15-10.
5. On or about July 29,2011 at approximately 5:20 pm, plaintiffEdward F. Kearney
was lawfully walking on the city owned sidewalk located at or near 28 MarmAvenue in the City
ofNewport, Rhode Island when he slipped and fell in a hole in the crosswalk that should have
had 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, had
a duty to ensure the sidewalk was free from hazards and in a reasonably safe condition and to use
reasonable 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 a
reasonably safe condition and to use reasonable diligence in correcting any such hazards or to
ensure others did so on its behalf.
8. Defendants National Grid and the City ofNewport, by and through its finance
director, Laura Sitrin, negligently, carelessly, and recklessly failed to maintain the sidewalk at or
near 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 all
times relevant hereto.
9. As a direct and proximate result ofthe aforesaid negligence, carelessness, and
recklessness 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 medical
expenses 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 daily
activities, sustaIned lost wages and/or loss in earning capacity as well as other economic losses.
WHEREFORE, plaintiffEdward F. Kearney demands judgment against the defendants
National Grid and Laura Sitrin in her capacity as Finance Director for the City ofNewport,
jointly and severally, together with costs and interest, in a sumsufficient to confer jurisdiction
upon 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. 3791
KARNS LAW GROUP
6 Valley Road
401-841-5300
Long Wharf Seafood, Inc.
17 Connell Highway
Newport, RI 02840
"\ NOV 2. 2. zon
.sIf", 1.\

Newport, RI 02840
November 15, 2011
City of Newport
City Clerk's Office
43 Broadway
To Whom It May Concern:
I, John Caminiti, owner of Long Wharf Seafood, Inc. am requesting reimbursement from the
City of Newport for a bill from R.J Cawley Contracting, Inc in the amount of $7800. The scope
of the work included repairing damage done to Long Wharfs sewer connection when the City
was 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 of Newport, including
excavating 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 also
Guaranteed Rooter Service in the amount of $750. I had called Guaranteed Rooter Service prior
to calling RJ. Cawley Contracting, Inc. because of the backup of the sewer into the Long Wharf
Seafood building. Guaranteed Rooter Service was able to trace the backup to the street lines
which are city property and are therefore the city's responsibility to fix.
John Caminiti
President
Long Wharf Seafood, Inc.
,
,
R.J. CAWLEY
CONTRACTING, INC.
110 Connell Highway
Newport, Rhode Island 02840-1314
Tel: 401-849-2031 Fax: 401-849-2075
Invoice
Bill To
Long Wharf Seafood
17 Connell Highway
Newport, RI. 02840
__ __ L _

__ .__._ __ .. .----.,. __.._--- ._------_.---_.-._.-.,- _----------- --- ,--- - ---------,
- -- - -
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
l
Payments/Credits $0.00 i

Balance Due $7,800.00
_________________________________________________...1
Finance charges at the rate of 11/2% 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 nuuIl:n
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.---->...,
--------------1--------.-----
Zf29&60 \ __ _
_ C)UZ V,,)'" 7D-
.--_.
TOTAL
WORK ORDER AUTHORIZATION
I 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 due
to 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 [[
PETITION TO THE CITY COUNCIL 1i:\'1\ \n
1'1 [Ii II,N 28
PERSONAL INJURY I I
TO THE HONORABLE CITY COUNCIL OF THE CITY OF 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, 45-
15-8, and 45-15-9 hereby gives notice of a claim for personal injuries against the City of
Newport within the sixty (60) day requirement imposed by statute,
On November 15, 2011 at approximately 9:30 a,m, at Cranston Calvert School in
Newport, Mr. Mathews was playing dodge ball outside during gym class, due to poor
supervision; Mr, Mathews fell and broke his right arm, The full extent of his injuries are
as yet unknown, Mr, Gavin C. Mathews is currently treating with multiple medical
facilities,
Respectfully submitted,
By his attorney,
Keith Cardoza, Esq,
Rhode Island Bar No, 8431
Rob Levine & Associates
544 Douglas Avenue
Providence, RI 02908
Telephone (401) 621-7000
Facsimile (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 Road
P.O. Box 145
Portsmouth, R.I. 02871
Telephone: (401) 683-4800' Fax: (401) 683-9944
vem@legal.necQxmail.com
November 9, 2011
City Council
43 Broadway
Newport, RI 02840
Re: Connie V. Mathias
d-o-I: May 2, 2010
Dear Sirs:
You are hereby notified that this office represents Connie V. Mathias of 79 Alan
Avenue, Portsmouth, RI 02871. Ms. Mathias suffered injuries, including but not limited
to: broken bones, bruises, contusions and abrasions as a result of a fall on the sidewalk at
the northwest corner of Bedlow Avenue and Bedlow Place in the City ofNewport. Said
fall was caused by the uneven surface and broken and deteriorated condition ofthe
sidewalk in that location, resulting in holes and obstructions which caused Ms. Mathias to
trip, and the failure ofthe City of Newport toproperly warn of the dangerous condition of
said sidewalk. Said condition constituted a defect and want of repair of said highway
which the City of Newport had an obligation to keep safe and convenient for travelers
and resulted in injuries and damages which would have been prevented by reasonable
care and diligence on the part of the City of Newport. Ms. Mathias previously delivered
to the City council a notice of personal injury on highway pursuant to RIGL 45-15-9. As
a result of those injuries Ms. Mathias has incurred costs for medical treatment and
therapy, 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 of
Newport 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 Road
Portsmouth, RI 02871
683-4800
December 1, 2011
Mayor Stephen C. Waluk
and Members of the City Council
City Hall
43 Broadway
Newport, RI 02840
ED\II/ARDS WILDMAI"1 PALMER LLP
130 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 9079
amurphy@edwardswildman.com
:, .
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 of Newport.
Notice is hereby given that Mrs. Stein was injured on August 5, 2011 on the walkway adjacent to
King House on property owned by the City of Newport. The fall was caused by a defect in the
walkway. The walkway was negligently maintained and/or repaired. Mrs. Stein suffered
injuries 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 Fire
Department is enclosed.

Atthur W. Murphy 7
AWM
cc: City Clerk
City Solicitor
PRV 1169999.1
gOSlON CHICf.l..G() , f'T tAUDElmAlf ' l()N(X"iI'! L('::; i\HGEl.f":; l N.J' ,iE\N YCWi<. NfwrOIU I;,!:ACH
PROViDEblCE 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
Name: stein, josephine
1'<ewport Fire Department
Apparatus: R2
nate:
Time: 1
Incident#: 3565
RI EMS Report ]0# 59522598
pain
TraIl.S]){}rted
Newport Hospital FacUlty:
Diverting Facility:
Other Receiving FacWty:
Other Diverting FacUIty:
Response Outcome:
'"k
U
"'c":ltl"'e":I"I"lI"lfi!!.or"m"'o=/::'O"'"===
RI 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 lliformnlloll
Age: 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:
Auto
Insurance
Illjonnatioll
CPR Information Apparatus Times
I
Patient Pr4ltecfion
I
Arrest 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 S8le
Ey", I
V"hal, 1=1 I
Motor:l
Current Medications:
Allergies (Meds):
Pupils Constriction
L.rt'F
I
B
Right, I 1
Revised Trauma Score:IGreater Than II
Primary Suspected Illness: r.::Pai==.-,---;;----:--:-;;;-cccc-cc----------,
r----
Ilnjury Site Iojury Type No Injuries 0 ISituation of Injury I IPast Medi('al History
IFFa" II

Iwound Man.g.m' II I I
Vital Signs Reason No VUals: I
I
TJine 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 I
I NAlkm...
IIV
#Attemots
lET Comfort One
Protocol Used:
Order Revoked: c=J
Research Code: c=J
rcc-=---c---c---c=--c--====------===:l EMTN Position Name Blood or Body Fluid Contact NoContacf wI Blood or Report Filed: c=J
07763 - C - Ole Lt Eyre, Michael 0 Body Flaids:
"10",2,,,67=-C=- ----'
RI EMS Report 1011 59522598 Page: 1
..RI EMS Ambulance Run Report
Name: josephine
Service Nar Newport Fire Department
Apparatus: R2
Date: r
Time: 1
Incident#: 3565
RI EMS Report ID# 59522598
CommunJcatioDS
Department Use
PTS:
I I
Other:
I
I
Lt Eyre, Michael
Telephone:
I I
Miles:
14
I
Signature ofPerson Completiug Report Dateffime
Cellular:
I
I
Comments:
Radio:
I I
I I
I I
Physician
Signature of Person Receiving Patient DatefTime
Family Notification Left: 0
Patient Signahlte for Medjcare Release
I ac.knowledgethat I am responsible for the ambulance services provided to me".! ofauthorized Medicare.benefits and/or pther insurance
be made on my behalfto the city of Newport, Newport Fire its billing agent of record for .any services and slJpplies
fu.Cll,fshed to me by Newport Fire Department, now or in the future. I authorize any h91der of medical information a.boutme
,aboutme to release to the Centers for Medicare and Medicaid Services and its and contractors, 'any and all apP,r9prillte third party ,. and ,their
respective agents and contractors, as well as city ofNewport, Newport Fire Department, and/or its billing agent (lfrecord, any information or documentation
in their possession needed to determine these benefits and/or the benefits payable for related services, now or in the
Signature ofPatient or Representative Datelfime
Crew Signature and Roll Call # Datetrime
Signature of Person Receiving Patient
By signing above, I certify that the above named patient was physicallyor mentally incapable of signing at the time of transport, and that none of the
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 been
Servicetrreatrnent infonned of the risk(s) involved, and hereby release the anlbulance
service, ils attendants, its affiliates, the consulting physician, and the
Patient Signature Daterrime
consulting hospital from all responsibility which may result from this
action.
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 large
pothole 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 match
the other 3. This would constitute another $450.00 to complete. Enclosed are the
bill from Tire Pro in NK and the police report. I hope this can be resolved. The total
should be $600.00 since the towing is covered by my insurance policy. Please let me
know that you received this and are processing it.
Thank you,
Bruce C. Weller
1..->''''''''''''

SERVICE

SEEKONK
10 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
JOHNSTON
2760 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
IlIFGo@flJ:1ej;f (@ntinent@i/'
IMIlCHlIEUINI
!Jf8806ESTtlPHDfE
GelJjjEwtaD
SOLD TO:
lUtER, KERRW
LAKE MGARDEN DR
CRANSTON R1 029i:5
'.,'(";.:""
,i "
SHIP TO:
,34979
MANUAL
1 17" esi,'ella Nheel--138. '35
ck tire an.,,_ Hounting
17" ESTREtLIi--Af'iERICAN RACING
e100& 11/21/11
RIGHT FRONT
1 13B.95 01 .00 138.95
METHOD OF PAYMENT:
VISAlMASTER
CHANGE:
148.68 EXP: XX/XXXX
.00
P,UTHORI1ATlot, CODE: 1
,;
.or"'U""- Jrm" ,/--1/ e.OCX?-.RJt-j-' . OCT 21 2011
CITy"OF RHODE ISLAND 'I !
PUBLIC AP r:E
J
TO THE HONORABLE COUNCIL: x.'j)!1A1S I ()At DATE: I JtJ /2 C/2-0 II
DBA Name: I & 11 bOU.D,4 Lui,,,,\?, '" "JT;"l,fi",,, J Jli4Jli {'.ite,.n T".>. Ilo'"Je
Business Phone: I lIol- bIq 37 70 I
Address: tN $rNer
I /?T: oit
i
/
V
Corporate/Business Owner Name: I'FIi\ V'C>. .,? .9J,hr;V'1
Owner Address:/1l1 V Aut..
Own", dty, I I Stat<" I RL I Zip,
Owner Phone: ! 203>.5 <."SIH I
For Mailing Address (choose one): /
("Bw'_:'0", ORUoo Own& Add=" OR Olh&M"" """"",,
License Number: [
Yearly is June 1- M-aY-3
or ifDaily (list dates)
CLASS:[ill
DURATION: I
HOURS:
Location:
51''''' - 'Z of 0 ..)
1'1- ( 5 .
Initial Here that PLANis attached that specifically delineates & defines location ofentertainment:
INITIAL HERE to acknowledge receiptofNOISE ORDINANCE It5H IDATE:
Filing Fee!l1. Date Paid: , 6 License 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 only
Class C (Class J Liquor) ($500)
.. _. __
ACTION OF COUNCIL: ACTION DATE: _
u
I!;lJfJltfJ)it) d Iik,sf 11 fAf' 1/J3'
Page 2 of2 Entertainment License Application
JUNE I, , TO MAY 31, _
PLEASE COMPLETE ALL CATEGORIES. Use .oN/A" if not applicable.
AMPLIFICAnON?
\ItA
DEEJAY?
YI::;
CONCERT?
kllA-
BAND?
',"V'f, ..t ,'4-1"" d
"'\id,}l,
HOW MANY MUSICIANS?
1\.\" >MnNJ
+1,,,
J
<{
HOW MANY VOCALISTS?
0",.
c' f"
TYPES OF MUSICAL INSTRUMENTS?
o.",{ , ,- ",'k..
,"
ch eh:,
DANCING?
Ytc'>
J ,,1
.1
.1 .,J
DANCE REVUE 11-,,,',,11.,
MOVIES?
'Yes
PLAYS?
t'
OTHER
ttlL '\)Mdnl'
'Pn.-"
KOIA,!,'",,,,c r
J
J
V J
Expected Attendance: __..J.l\::..JI.t:PtL' ,..-_ Seating Capacity: _-"'B:....5.L _
17/11.
Parking Availability # of Vehicles: 4 +- p",.ki,
Do you have a Liquor or Victualing License:
1
i">j \1 i ct-l<" I"VI Llc e
l
1St
Your signature below indicates that you have reviewed the information on this two pageform and agreed
that 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'
.:.c I' ",,,,-"h'-'-4Jh'''''-1 l",,,,,-,,}w',,,-,' )C!."CL; DATE: I IfJ b 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. "A::" '
!J \....-. ./ .
CITYOFNE i' I:!
APPLICAnON FOR SECOND HAND LICENSE (or I
Cli,' f.,.- - .J
DATE: II \7-3
Business Phone: 0I 2'4'B - 0/261.-
BUSINESS NAME (ownership): \Pt:'tr== _
BUSINESS -=- _
BUSINESS Location:_tI--'--L--\PJ.-1-"LUc...!<fJL-W-!--'----.:C=-1-'- _
OWNER'S N
OWNER' S
OWNER'S Home Address: e') SL
OWNER'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 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 10f2
I AM
ISLAl) , PFZ8PSof:
VICTUALING LICENSE APPLICATION \
TO THE HONORABLE COUNCIL: DA --Ii
D/B/A
LICENSED PREMISES
LL.-C
I
Owner 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
I
Li tter Rating from I I
City Clerk: . _
DURATION: I AIIV\\,ll< \ I (Annual is DEC I tbm NOV 30) orifSeasonal (list dates): 1'- 1
Estimated monetary I41 I
investment involved: elf 1-0 ,e>" "
Hours of Operation: I C\ vV\ h 2 Ai 1"\ 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: 1 ---'
Is liquor license application being submitted by the applicant? r-:-::-l
or will it be in the future? II

u.u
D
Description and/or rendering of architecture to be used (if changing). : Attached? (YES?No) t
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TIllS LINE - - - - - -. - - - - - - - - - - - - - - - - - - -
Filing Fee: Date Paid: I
II/,JO/)/
I I
License Fee: 1",'460
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.'
: : & Signature:: :
D. a a
:aaDaDaOO:
location, and parking area,
#"._' ;:.:,,,.....no -.,,,._,,.. "'- __ _
(YES or NO):
Current Seating: I&6 I
Parking
Available?
Garbage Disposal:
Locatiou:
Parking
Location?
Dumpster? Trash Receptacles?
Weight per pickup:
Number of Cans:
I I
Signature of
Applicant:
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 of
BUSINESS:
is correct. Any change will require that ' ation be filed with the City Clerk's office,
.D ..... " .. ... D . - .. DlI II " """ ,,.... lIIId.d ..... II,"Z...... """,, ...
;(;; ;;;: ::-.c l Date: t j
Phone #:
Print Name:
I(;<-Y1 \ 'Le -+ -<1-9 2'7
---
y Edif.ill [\\VIT20mi\ppJil;lli iOtl.d(\C.;
SCHRODER'S
66 Broadway , .
Newport, RI 02840
NO\/
~ ('
.. ,
d ,
o
D
/'
.::r:= ........

I
I
1.-
I
;or;
I
I

I
Dec. 1, 30, _
TO THE HONORABLE COUNCIL:
PAGE 10fl
CITY OF NEWPORT, RHODE ISLAND ,
PFZe,PS U,
DATE: III //8'/;N9tl
LICENSED PREMISES
JS"c" ,. IS'V 13 It.)CuJ()c'JtL:T, Fr tY:J.-f'JD
,
City: IJJ;'clcI IState: l,e.z:;- IZiP:1 dn/fA I
Owner Phone: I{p(p;;J., _2-2q51 IBusiness Phone: 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: . .
I(Annual is DEC Itbrn NOV 30) or if Seasonal (list dates): I I
Estimated fl?onetary 1#';)., .--tJ /'l()/1 I
mvestment 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? D
Description andtor rendering of architecture to be used (if changing). Attached? (YES?No)
License Fee: 1 1Date Paid: 1 _
Disapproved by Council _
Filing Fee:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW'THIS LINE - - - _- - - - - - - - - - - - - - - - - - - - - -
Date 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 M
10 Nov. 30,
Owner:
DBA:
Location:
I I f!x.,Jlt()1
Dumpster?
1_12_'7:_*_,_i'.. __f;:::=5=1=R.:;-t_l2_t'_'_' ---JI I 3
Trash Receptacles? [&]
Parking
Location?
Parking
Available?
Location:
Garbage Disposal:
location, and parking area,
Plans attached r'on::fii r.. & :
Current Seating: ( 5 :..00....: ..... ......oo .. oo .. oo .......:
Weight per picknp:
Number of Cans:
PRIVATEPICKUP?CEJ By Whom? I uJtt.Jk j2f
rI''' ..
INITIAL to acknowledge receipt ofLitter/Trash Info (ifnew)
Type of
BUSINESS:
is correct. Any change will require that a new application be filed with the City Clerk's office,
....................................................................... ..... .................
of ...... .... oo oooo.J Date:

PP 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 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 (LLCi
C
.) N.A.J. Associates, LLC
orporatlOn: '- -.J
Owner Addressl P 0 Box 4259
City: -;,=.=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=:
City Clerk: . .
DURATION: I Annual I(Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): ,'- ,
Estimated monetary I I
investment involved: ==============
Hours of Operation: I 11 AM to 1 AM I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? D if yes, 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: , -'
Issued by Date _
Y:\Wt::b Editinu\VIT2007Applic\l"iOll.d(lc
PAGE 20f2
Owner:
DBA:
Location:
Victualing License Application Dec. J. _ _ _ IoN0 v. 3 a.
If new establishment, provide detailed Site Plan showing entire interior, erGetior, seating capacity, dwnpster
location, and parking area. 'rd j /
Plans attached or on-file (YES or NO): & Signatur r ..!.. ..... 1
Current Seating: I 400 : : :
Parking EJes Parking Ad . t t b' I Number: CJ
]acen 0 u11ding
Available? Location? of Cars
Garbage Disposal: Dumpster?
CJ
Trash Receptacles?
D
Location:
IHoward Wharf
I
I
Spray
I
Weight per pickup:
I
6 ft. compactor
I
cu.
Number of Cans:
I I
1
PRIVATEPICKUP?8 By Whom? I Waste Management
I' II
INITIAL to acknowledge receipt ofLitterlTrash Info (ifnew) :
, 1
Type of I
BUSINESS: Full service restaurant

.
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: . 1' '
401-225-7500 I
=V=i=n=c=e=n=t=s=a=n=d=o=n=a=t=o=========' Title: I
__-.J
Y:\Web Edi1.illg\VIT2007 AppJh:uiion.(loc
Doris Duke Monument Foundation
51 Touro Street
Newport, Rhode Island 02840-2932
Tef; 401.849.7300
Fax: 401.849.0125
www.ddmforg
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 Council
City of Newport
City Hall
43 Broadway
Newport, 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 for
your consideration our offer to reconfigure Queen Anne Square with a design by
Maya 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 Council
Workshop of December 7, 2011.
Attached to this letter is a contract reviewed by the city's legal staff, which is
acceptable to the Doris Duke Monument Foundation. If this agreement is accepted
by vote of the Council, the Foundation stands ready to begin construction at the
earliest mutually acceptable date.
Sincerely,
/\T\~ l ~ 'D. ~ ~ " ' - -
Marion Oates Charles
President
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 18
th
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 MONUMENT
FOUNDATION
By _
Title: _
TO:
FROM:
DATE:
RE:
City of Newport
Office of the City Manager
Mayor Waluk & City Council
Ed Lavallee
12/5/11
Queen Anne Square Proposal
MEMORANDUM
This week, the City received a revised set of plans, drawings and renderings for Queen Anne
Square reconfiguration project. The project is formally proposed by the Doris Duke Monument
Foundation (DDMF). The submission of these documents follow a series of events
summarized as follows:
An initial presentation to the City Council of a conceptual design for the project, led by
Pieter 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 comments
and input on the proposed design and details
Periodic updates to the City of amendments to the initial plans, as products of the public
discussions
Submission of a revised set of plans reflecting the collective changes and providing
additional detail
The project documents have been distributed to appropriate City Departments for review and
comment. Referencing a typical construction project plan review, the staff has commented on
the documents received. The comments and recommendations are summarized herein. The
staff review and recommendations are predicated on the following assumptions:
The total cost of preliminary and final engineering design for the project is borne by the
DDMF
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 conditions
o 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; other
preexisting maintenance and improvement costs will continue to be borne by the
City (Eg. Lawn grooming)
o A three-person Committee established by the DDMF will manage the use of the
maintenance account
o Among the predetermined on-going expenses to be borne by the maintenance
account are: electrical cost of lighting, water for fountains, maintenance of
plantings, maintenance of structures, monuments, cleaning/ removal of graffiti,
general cleaning of site! trash; other general maintenance and repairs related to
the project installations and modifications
o The City staff will assume the responsibility for the grooming of trees, lawn
maintenance, trimmings, etc.
o Other required repairs and maintenance work will be outsourced as determined
by the Committee
The costs for any soil testing and associated remediation will follow the prescription
outlined 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 the
business district for the general monitoring of vehicle and pedestrian traffic. The addition
of one or two cameras focused on Queen Anne Square would provide a beneficial pro-
active 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 police
network. The purchase, installation, and maintenance will be borne by the project. An
amortized rate for maintenance of these specific cameras would be determined as a
portion of the systems annual maintenance cost. The Police Department considers this
provision 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 with
the project design.
Public Services: The provision for maintenance of additions and modifications to the
park are included in the cost project maintenance fund. The Public Services Department
would 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 of
walking surfaces, and other details affecting safety and liability issues. As the project
has not yet evolved to provide this level of detail the Public Services engineers will work
with the project designers to ensure that the City's safety objectives are met. Also, as
project details evolve, the Public Services Department will comment on materials used
in construction to ensure that maintenance costs and procedures are efficient and
practical in design and workmanship. Among the project elements requiring greater
detail are:
o Materials and construction detail for walkways. As the plan evolves, the specific
walkway material, edging, and subsurface should be provided for staff review; it
is 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 requiring
review 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 is
customarily done with other construction projects. The project drawings are sUfficiently
clear to indicate that the foundations as shown are merely stone walls erected on a
patio-type floor, and therefore not categorized as structural for purposes of review and
permitting. The Inspectors will work with the contractors as the project details are
refined to issue review the plans and issue permits as required.
Landscaping: Several changes to the original plan are evident in the modified drawings
and related discussions including: generally reducing the caliper of new planting
(diameter of the trunks of new trees), limiting the number of existing trees to be
removed, and placement of new trees. More detail is needed on the specific size and
caliper of trees to be added, and the species of new trees. Additional detail is needed
on tree-up site lighting and proposed benches. Lighting, benches, and related amenities
need to be durable in construction and tolerant of heavy use. For purposes of general
maintenance and ensuring the long-term health of plantings, more detail on the tree
plan should be provided.
Utilities: The Utilities Director has indicated a need for greater detail for the water supply
and for the drainage of storm water runoff. An articulation of the water supply source
and location will be needed. Also, as required by our RIPDES permit a Storm Water
Management Plan will be required. Staff is examining records to determine existing
connections to storm drains and sewer lines. Once determined, a rechanneling of storm
water runoff may be necessary. Utilities staff will communicate with project design
engineers to ensure that proper protocols are followed with respect to installation of an
inlet 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 whether
or not there is a need for Phase 2 follow-up soil testing. The results of the soil testing
would determine if a Phase 3 remediation plan is necessary.
General Conditions: Throughout the project review process the staff has examined the
proposal with respect to the practicality of the components. Based on staff review
several changes to the original plan have been made including:
o The original conception of the chimney with a working fireplace has been revised
to eliminate the functioning fireplace
o New tree size has been generally reduced in consideration of the requirements to
ensure 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 of
visitors to the downtown district, varying populations that may be in the park at different times
of 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 to
comments and recommendations made to date, it is recommended that the stacking chairs be
removed from the plan. The inclusion of chairs as an amenity for a gathering place is
understood, but the necessity of monitoring and controlling portable items like chairs in an
open-air public park is not practical. Experience has shown that durable, fixed-position
benches, 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. SUbject
to continuing review as the project details are developed, the staff will work with the design
engineers and construction contractor to ensure a complete understanding of the standards for
compliance with municipal code requirements, compliance with state regulatory guidelines,
and conditions and details cited in the final approved stamped plan.
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
RESOLVED: that the agreement for improvements to Queen Anne
Square between the City of Newport and the Doris
Duke Monument Foundation is hereby approved and the
Mayor is authorized to enter into said Agreement on
behalf of the City, subject to review of the City
Solicitor's Office.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Newport City Council
Newport City Clerk
Newport City Hall
Broadway
Newport, R. 1. 02840
Dear Council members,
December 6,2011
II J) if '). I; II VI i '1
1
1"\1
1
!I,j 1\1, II !I
\ DEC - 6 2011 :\)
l. .1
Cil: ,.A.
Enclosed please find a petition in support of the re-design of Queen Anne Square. As I
went about collecting signatures, I was overwhelmingly impressed with the vast support
of the plan. I trust that this petition will reflect that support.
Thank you for your attention. I look forward to the workshop tomorrow evening in
Council chambers.
Michael H. Walsh
7 Hall Avenue
Newport
T'--\ \-l e \D P G-- e--s 0 2s- 0. r ro\C . d-() -\-v--\-u--.Q .
---c- '" -e- S f:- -e V'- oLo ')'--e..OL s "'(fV0 VJ h -.Q. ("'-e...
\ \f\. v-\. cA. u d \NlJ 'f\Z C\.. ICl'\ --\.h '.-u-
S' I/V\. N\. r--6\ 'A. (1 U+-
o \- --\0 \f'\f---CA \.0L 4- :s,-u Tve s
"Ue-c . G (3,e7J,.,y- 6A
\(\.(i\. on ("l r e{J ",-p-S f'.-:5'Sl
"\ ccJ +0 0 \' '\ 0 . L k IJ i (/1;\I1J\!l;J
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
Name
To the Newport City Council members:
PETITION
We the undersigned support
Address
_______________~ ,_,_ I
PETITION
PRINT NAME Address

YiD !--llJ:;..::;.l!......,.,-,-,' ,,'
PETITION
S')
Address
() . . GOPflArLf)
(lII1 dlruii 1/&-(1 C/
SIGNATURE
PETITION
.----
~ J .-'"
\/fJi .. _ " " ~ j V ,_ -.0 I ~ ,. " ... '.<:
PETITION
;JCJ)t:-d ('MIAh/",-J.
N,
Address
G( lAcltA l{) 1e(
~ ~ r t( S'r
f
{7J
51'1 'S', Slt.
o
_...... -. -
\ "<7
I ~ /l. ~ . .,;'
-ttVwVuL/ /
SIGNATURE
o r ~ /'112Pr.
'P
/y,p
To the Newport City Cou.ncil members:
PETITION
A1&M<,(Ledf0..s:
;tdl1A1 It rf&J'A::1..t!ifjpY
Y' -# 5/1

qLt H\7) O( ..
-+\-IH_Jr...-_--+!I--__
_HXQndfa Ii.@r
fa.L l"l
I
(0&' .::...!
TI"lUJ __,.-JM]1a1vY1es ..t_--J5De""","' ....Il>oo;,\t:x.J Ef:Hle
13 12.<! A'f)-( L-eJ,trr-ne.__..
/ u.rhzvr-P'fof.
PETITION
Address

'ntu: ,&
11 /I n ,'1,,'<:'(0'_<..,
] /1/\ Je .1(", VJ 4/'''I./f "l, -. R.
7
Pr':"
CWNj,u 0
(j Sfe ''''''(So
3d;frfI1QIdi-h 5'f LtndS9f f2e2er2dpS
7 (,0(0\ (l\\ e. ':eM fthd1' \'i::>
(1 . ora
PETITION
Address
, .\>. )
ccPe;, J ~ . Vue ~
PRlNTNAME
To the ., law T Council members:
PETITION
SIGNATURE Address PRINT NAME
eN Yc\ I(\_-f:' s F lvtl S }, Ai
__ u;:./
av-cl
__---:,t.- --..:.. --tI__
PETITION
Address
---'---
\ l wL
s: OLdGVLOld'TeJ1(, '--W1?b4J2f.
e
4jy6
nt
d
.' ,
% <0 d2. "--' tJ' T (, ",., e ')
II
_JMma OV1AJpiYL

I\
C" r
\
---:;-'

\
PETITION
PRINT NAME
:! , f, _<:" . f--l-/
rfl!ll1tl? I() JJll
f?,Vt?V7 /)ennf...

Address
f>e. J k.Q.. PIt',t.. If'
rr f..-t4-'l'T Cu...... lfu
\ To the Newport City Council members:
PETITION
6u /vC/cu'7t,j414Y1/
>
( "
,-'
......--- (\
l . ,
'-. ',' \."
" , \.
Address PRINT NAME
,
,I ,/ );, / (c ~ f( (II
ER\I-J fJ'\VU'(\I
, , , : ; ~ i,-:-r' 1(lJ",,' '(
15'08 /f;/j..5'?--/47
PETITION
Address
>
/. I.
< ~ . ? ' / (
/' 'c{ ,
SIGNATURE
PETITION
S fid SJ
t-/ J(
I,} 7 /1"//Crt //' .. I'j.("
;vi t 'Jlt7c.e- h Lv'-!
c.
1
,
'.
I-< /"i I W A LS H c/-l /lfl...C L
on rV'l&Q
. MIA(;
1.1 (- /{ L.LA S'

Er', II
- ,') jf I
PETITION
I
Address PRINT NAME
iJ;4-#C(1(
6#/21.
_A.L-:L--
SIGNATURE
(

PETITION
PRINT NAME
c 3 i m - J ~ ~ 6 J
Address
o~ '-(' i'J N c- '4' lit er 1- <' ,.' t1;{('(}u-' Ik,
~
PETITION
f /
/ NC("-i
,
:r.t ,..e.
Jc:;q
Address PRINT NAME
C" ])C{vl,el EI//o+_
-5{.
./. Is y
C;,tYI-4/1 tr jbIH4Ik<p;Z
l
PETITION
PRINT NAME Address
\ ....:..'- ..__,_... ...;",if.,;;;"i).!i.../':'-:
(A)ry;(,rV.. .JI.' e(e !\\j lA}YI II' J
SIGNATURE
---J}1
l j:;sv/ .('1)(
(

q10
}vy 'h .S
:/ 1/1 v;eI-
,--
PETITION
(' .. i /
t...:o;2;.../-""+-:.. ;:;;..I{J.;;...f)..;..(V=-' .... / ... t..;..t1... 1.;.;L"",I1"",,t{J""';.;;./tt:.;;.J.! __6d/ (l!tJJ/(J/1 (Ill 0 L) F;;2./
tTy (} U" d! lA- Juvt r J,'''-,:J
PETITION
L ! I kJ)CJD::J st- flznYL lJA:, It-
3J,f 6ELLevuE; .4\12., /Vew'foIlT tJIU/#fI/J WE/KA
;

tl:51 .2s: Dol''>+ly Av", Yo l'-h AI" "'- C. yo-
,- ,
.&bz
/t.,ItZfl.I3 9f17/ZWVM f/t//. /
i?ftaL-. 46 JJhY] '5J- Mfd. 0rJIZt - L-.. f-
t:, 'J eM d:J c;r), ---U'1f/l'S 1-11:Z:(
G JIi < '
( C (1__ (-c l<r H,r--
u-h..llzc.8 s'C CApo'Z.o,\
J
IGftaveN Ave - DLot, GN
--------,---------_._----_._--
PETITION
. I L
. l-'" :J
Address
r

.,
PRINT NAME
-++- '.
SIGNATURE
PETITION
Address.l,. .y\!\. C.. PRINT NAME
)()3J
r
n.wnJULt>:T Arlc. tlva IfX' { ~ ,
"'
CITY OF NEWPORT
)
RESOLUTION
OF THE
COUNCIL
Noo _
WHEREAS, the Council of the City of Newport, legally
assembled this fourteenth day of December, 2011,
would like to recognize City Manager, Edward F.
Lavallee, for his many years of dedication and
service to the City of Newport;
WHEREAS, Edward F. Lavallee began his employment with the
Ci ty as a Research and Development Administrator
with the Newport Police Department in 1978 and
served with distinction in that capacity until 2005
when he became the Acting City Manager and shortly
thereafter was chosen by the City Council to serve
) as Newport's 11th City Manager; and
WHEREAS, Edward F. Lavallee has always adhered to the
highest standards of ethical conduct and has sought
to lead by example to foster an environment of
integrity, responsibility and commitment to
municipal service; and
WHEREAS, as an involved parent, Edward F. Lavallee spent
many years coaching local basketball, soccer and
baseball teams and volunteering in various
capacities in local sports programs; and
WHEREAS, as a highly regarded member of the community,
Edward F. Lavallee has contributed his time to many
local business and civic organizations, serving on
the Boards of Directors of the People's Credit
Union, the Robert Potter League for Animals, the
100 Club of Rhode Island and the Newport Substance
Abuse Prevention Task Force; and
)
WHEREAS, Edward F. Lavallee is also recognized in the local
religious community as a person with a strong sense
of spiritual commitment serving as a deacon, church
finance officer and Eucharistic Minister in local
churches; and
CITY OF NEWPORT
)
RESOLUTION
OF THE
COUNCIL
Noo _
(Page 2)
WHEREAS, Edward F. Lavallee has decided that, after thirty-
three years of service to the City, it is time to
retire and enj oy life and spending time with his
family: his wife, Sharon; his sons, Ryan, Jared
and Joseph and their families; his granddaughters,
Caroline and Violet; and his relatives and friends
pursuing activities and interests that he has
heretofore had limited time to enj oy. NOW,
THEREFORE, BE IT
)
RESOLVED: that the Council of the City of Newport hereby
expresses its deep appreciation to Edward F.
Lavallee for his many years of distinguished
service with the City of Newport, for his
commitment and dedication to the citizens of
Newport, and wishes him well in his retirement and
future 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 of
Newport; and
WHEREAS, the national economic downturn has had a negative impact on many local
businesses and
WHEREAS, it would be of benefit to the City as a whole and her residents and
businesses for the Council to establish an Economic Advisory Working
Group to evaluate Newport's current outreach to local business and
Newport's ability to entice new business opportunities; and
WHEREAS, the Economic Advisory Working Group would work with and solicit input
from various business associations and districts throughout the City,
including Lower Thames, Upper Thames, Broadway, Bellevue, and the
North 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 local
businesses and the general public, as well as representatives from each of
the following: the RI Economic Development Corporation, City staff, and
the City Council. AND BE IT FURTHER
RESOLVED: that the Economic AdvisOlY Working Group shall provide to the Council
within 90 to 120 days, a report of their preliminary findings and
recommended action items that the City of Newport may implement to
promote a healthy business environment, respectful of Newport's historic
character.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
NAOMI NEVILLE
STEPHEN C. WALUK
HENRY F. WINTHROP
CHARLES Y. DUNCAN
JEANNE-MARIE NAPOLITANO
CITY OF NEWPORT, RHODE ISLAND
RESOLUTION
OF THE
COUNCIL
No. ----:----:_::_
Page 1 of2
WHEREAS: the need for clean and renewable energy has led communities
throughout the United States to encourage citizens to install wind
turbines as a means of lowering energy bills, saving fossil fuels,
reducing dependence on oil-producing nations and preserving our
natural environment; and
WHEREAS: the size, height, operating noise, and other physical attributes of
modern wind turbines require careful regulation to balance the
need to develop such facilities with the protection and well-being of
neighboring property-owners and the community as a whole; and
WHEREAS: the City of Newport Zoning Ordinance does not have any provisions
designed to regulate wind turbines other than general regulations
regulating buildings and other structures commonly found on
private properties; and
WHEREAS: the interest in the installation of wind turbines is expected to
increase among residents and businesses alike; and NOW
THEREFORE, BElT
RESOLVED: the Planning Board and City staff are charged with the task of
diligently studying the issues involved in drafting special zoning
legislation for wind turbines and to present a draft of a
comprehensive wind turbine zoning amendment to the City
Council and to consider, among other issues, regulations
regarding:
a) setbacks from neighboring property-owners
b) flicker effect on neighboring property-owners
c) ice throw
d) blade shear
e) impacts on natural resources
RESOLUTION
OF THE
COUNCIL
No. --::----::_=_
Page 2 of2
f) propriety of wind turbines in certain neighborhoods to
include density consideration
g) impacts on aesthetics and neighboring property-owners in
general
h) nOIse
i) safety
and be it further
RESOLVED: that the Building Officials of the City of Newport shall not grant
any building permit for wind turbines to be installed on any
private property, either free-standing or attached as part of any
structure; and be it further
RESOLVED: that this moratorium on the installation of wind turbines shall
be in effect until the City Council of the City of Newport shall
have acted on a comprehensive amendment to the Zoning
Ordinances governing wind turbines or until nine (9) months have
elapsed since the date of this resolution, whichever comes first.
IN COUNCIL
READ AND PASSED
RESOLUTION
OF THE
COUNCIL
No. _
RESOLVED: That the attached Employment Agreement between the City of
Newport and Jane Howington for the position of City Manager is
hereby approved and the Mayor is authorized to sign said
Agreement on behalf of the City of Newport subject to favorable
review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silva
City 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 an
advocate for historic architectural preservation
and Newport was her focus; she founded the Newport
Restoration Foundation (NRF) . The NRF has
successfully restored 80 historic properties.
Amongst Ms. Duke's NRF Board acolytes was
Jacqueline Kennedy who later, as First Lady,
restored The White House. Mrs. Kennedy's
relationship with Ms. Duke and their mutual
accomplishments changed the nation's appreciation
of historic preservation; and
WHEREAS, on the land area today known as Queen Anne Square,
Ms. Duke demolished unsightly, insignificant
buildings, restoring and relocating others;
removing unwanted constructions, such as
smokestacks, chimneys, sheds and the like; Ms. Duke
was solely responsible for the beautification of
that land, transformed by her hand and funds,
although owned by the Redevelopment Agency of
Newport, a public body, which, with Ms. Duke's
blessings, transferred said land area in a
quitclaim deed (Parcel I and Parcel II) to the City
of Newport on the 28
th
day of October, 1981, and in
conjunction with Ms. Duke's explicit wishes, it was
designated " ... to hold for public use forever, as a
public park... "; and
WHEREAS, the property deed is subject to a restriction which
stipulates that said park should always be kept
open for the public enj oyment " ... and that no
building or structure, temporary or permanent,
shall be erected thereon... "; and
WHEREAS, the Real Park for Real Newport (RPfRN) ,a local
group, proposes to restore Queen Anne Square
consistent with Ms. Duke's concept... to enhance the
Trinity Church setting, to hold a sculpture
competition for a permanent monument to Ms Duke,
and to seek the participation of taxpaying
Newporters to bring the community into the process,
and
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
Noo _
WHEREAS, the RPfRN will form a nonprofit foundation to
undertake this effort and will seek to raise an
endowment fund, RPfRN is prepared to move forward;
NOW THEREFORE BE IT
RESOLVED: the City of Newport welcomes the opportunity to
partner with Newport's taxpaying citizens in
accepting the Real. Park for Real. Newport offer as
submitted.
CHARLES Y. DUNCAN
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
Noo _
WHEREAS,
WHEREAS,
Section 42-46-6 of the Rhode Island General Laws
requires that regularly-scheduled meetings of the
Council are to be posted at the beginning of the
calendar year, notice of which shall include the
dates, times and places of meetings; and
under the Rules of the Council, meetings are held
on the second and fourth Wednesdays of each
month; and
WHEREAS, it has been the practice of the Council to alter
the regularly scheduled meets for the months of
November and December because of the holiday
season. NOW, THEREFORE, BE IT
RESOLVED: that the regularly-scheduled meetings of the
Council of the City of Newport shall be held in
the Council Chambers of City Hall at 6:30 p.m.,
with pre-meetings held in the second-floor
Conference Room at 6:20 p.m., on the following
Wednesdays in the year 2012:
January 11
January 25
February 8
February 22
March 14
March 28
April 11
April 25
May 9
May 23
June 13
June 27
July 11
July 25
August 8
August 22
September 12
September 26
October 10
October 24
November 14
December 12
AND BE IT FURTHER RESOLVED: that, as noted above, there
shall be only one regularly-scheduled meeting during the
months of November and December 2012.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE OF THE CITY OF NEWPORT APPROVING THE FINANCING OF
IMPROVEMENTS TOTHENEWPORT WATER SYSTEMINCLUDING, BUTNOT LIMITED
TO, THE CONSTRUCTIONAND EQUIPPINGOF ANEWTREATMENTPLANT, INCLUDING
DEMOLITION OF THE EXISTINGTREATMENTPLANT, AND CONSTRUCTIONOF LONG-
TERMCAPITALIMPROVEMENTS TO A SECOND WATERTREATMENTPLANTAND ALL
ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE
BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $85,000,000
Be it Ordained by the City of Newport that:
SECTION 1. The sum of Eighty-Five Million Dollars ($85,000,000) is
appropriated 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, including
demolition ofthe existing treatment plant, and construction oflong-term capital improvements
to a second treatment plant and all attendant expenses (collectively, the "Project").
SECTION 2. In accordance with Chapter 46-12.8 ofthe Rhode Island General
Laws, the Director of Finance and the Mayor are hereby authorized to borrow an amount not
exceeding Eighty-Five Million Dollars ($85,000,000) from the Rhode Island Clean Water
Finance Agency, and to evidence such loan, such officers are hereby authorized to issue and
refund on behalf ofthe City, in an amount not exceeding Eighty-Five Million Dollars
($85,000,000) water revenue bonds (the "Bonds") ofthe City, at one time, or from time to time in
order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund not
exceeding $85,000,000 interest bearing or discounted water revenue notes (the "Notes") in
anticipation ofthe issue of said Bonds.
SECTION 4. The Bonds and Notes shall be payable solely from revenues of the
Newport water system. The City may issue bonds, notes, or other obligations on a parity with
these Bonds. The manner of sale, amount, denominations, maturities, conversion or registration
privileges, interest rates, medium of payment, and other terms, conditions and details of the
Bonds 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 or
pending or in lieu ofthe issue of Notes under Section 3 hereof, the Director of Finance, at the
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
(Page 2)
written direction of the City Council, may expend funds from the General Fund or Water Fund of
the City for the purposes specified in Section I hereof. Any advances made under this section
shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or
from 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 behalf of the City, to: (i) execute, acknowledge and deliver a
. .
Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the Trust
Indenture 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 or
supplement 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 for
such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the
Trustee with regard to investments oftrust funds pursuant to the Trust Indenture; and (iv) do and
perform all such other acts and things deemed by such officers to be necessary, desirable or
advisable with respect to any matters contemplated by this Ordinance in order to effectuate said
borrowing and the intent hereof.
SECTION 7. The Director of Finance and the Mayor are hereby authorized to
deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed
to take all actions, on behalf ofthe City, necessary to ensure that interest on the Bonds or Notes
will be excludable from gross income for federal income tax purposes and to refrain from all
actions which would cause interest on the Bonds or Notes to become subject to federal income
taxes.
SECTION 8. This Ordinance is an affirmative action of the City Council of the
City toward the issuance ofthe Bonds and Notes in accordance with the purposes of the laws of
the State. This Ordinance constitutes the City's declaration of official intent, pursuant to
Treasury Regulation 1.150-2, to reimburse the City'S General Fund or the City's Water Fund for
certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior
to the date of this Ordinance but prior to the issuance of the Bonds or Notes. Such amounts to be
reimbursed shall not exceed Eighty-Five Million Dollars ($85,000,000) and shall be reimbursed
not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid
or (b) the date on which the Project is placed in service or abandoned but in no event later than
three (3) years after the date on which the expenditure is paid.
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NOo _
(Page 3)
SECTION 9. The Director of Finance and the Mayor are authorized to take all
actions necessary to comply with federal tax and securities laws including Rule 15c2-l2 of the
Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a Continuing
Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed
advisable by the Director of Finance and the Mayor in order to comply withthe SEC Rule. The
City hereby covenants and agrees that it will comply with and carry out all ofthe provisions of
the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding
any other provision of this Ordinance or the Bonds or Notes, failure ofthe City to comply with
the Continuing Disclosure Certificate shall not be considered an event of default; however, any
Bondholder or Noteholder may take such actions as may be necessary and appropriate, including
seeking mandate or specific performance by court order, to cause the City to comply with its
obligations under this Section and under the Continuing Disclosure Certificate.
lNCOUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
ORDINANCE
OF THE
COUNCIL
NO.
AN ORDINANCE IN AMENDMENT OF TITLE 17 OF
OF THE CITY OF NEWPORT, RHODE ISLAND,
AMENDED, ENTITLED, "ZONING."
BE IT ORDAINED by the City of Newport:
THE CODIFIED ORDINANCES
REVISION OF 2000, AS
SECTION 1. Chapter 17.08 of the Codified Ordinances of the City
of Newport, entitled, "Definitions," is hereby further amended as
follows:
Section 17.08.010. Definitions
ADD: "Demolition means the razing or removal of greater than
fifty percent (50%) of the gross area of a principle
structure (including structural floor and roof decking as
well as exterior skin and framing) outside the boundaries of
the Historic District Zone. Gross area constitutes the
aggregate of wall surface areas, floor surface areas and
roof surface areas. Hazardous materials, window assemblies
and non-structural roofing materials are excluded from the
calculation of gross area."
ADD: "Principal structure means the building on a lot where a use
is conducted."
ADD: "Site restoration plan means detailed drawings with contour
lines showing required grading, backfilling, reseeding,
replanting, fencing as well as existing and proposed
vegetation."
SECTION 2.
of Newport,
follows:
Chapter 17.04 of the Codified Ordinances of the City
entitled, "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 moving
permi t, application shall be made to the building official.
The building official shall issue a permit for the moving or
demolition of a building containing a dwelling unit subject to
the approval of the planning board. Notice of the date of
hearing for demolition applications required to be heard by
ORDINANCE
OF THE
COUNCIL
NO.
(Page 2)
the planning board shall be mailed to all property owners
within a minimum two hundred (200) foot radius of the property
subj ect to the application. The board in its deliberations
shall consider the city's overall comprehensive plan and
related development policies and, more specifically: (1) the
impact of the removal or demolition of the structure on the
neighborhood; (2) impact on availability of housing stock; (3)
environmental impact; (4) preservation of historic sites and
buildings; and (5) economic development.
"In those instances where the building official certifies
that the condition of the building is structurally unsound
and a hazardous safety situation to the general public
exists, the preceding approval process need not be followed."
SECTION 3. Title 17 of the Codified Ordinances of the City of
Newport, entitled, "Zoning," is hereby further amended by adding
the following NEW CHAPTER:
"CHAPTER 17.86. DEMOLITION OF STRUCUTURES.
"Section 17.86.010. Intent.
"The demolition of structures in an historic and culturally
significant city may damage the physical fabric and archi-
tectural context of the community. The City of Newport is
committed to preserving the historically and culturally
significant built environment and neighborhood architectural
identities.
"Section 17.86.020. Permit required.
"Prior to the issuance of a demolition permit for any
principal structure outside the boundaries of the Historic
District Zone the Planning Board must approve any demolition
of a principal structure. However, nothing contained wi thin
this article shall limit the authority of the Building
Official to order a structure demolished in a life or health
threatening emergency situation or as may be otherwise
authorized by state statute or other city ordinance.
"Section 17.86.030. Historic District.
"Demolition of structures in Historic Districts requires a
certificate of appropriateness from the Historic District
Commission.
ORDINANCE
OF THE
COUNCIL
NO.
(Page 3)
"Section 17.86.040. Application.
"Principal structure. In order to obtain a demolition permit
for the demolition of a principal structure, a permit
application form must be completed and accepted by the
Department of Inspections .. The demolition permit application
must 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 stormwater
management ordinance.
(6) Site Restoration Plans and Specifications [applicable only
if commencement of construction of a new structure is not
planned within 60 days after completion of demolition].
"Section 17.86.050. Hazardous structures.
"Demolition, repair or removal of hazardous structures as
deemed by the Building Official, are the purview of the
Building Official as outlined within the City of Newport
Codified Ordinances 15.12 Housing Code.
"17.86.060. Procedures for demolition permit approval.
"A. Notification of the abutting property owners within a
200' radius of the subject property is required no less than
fourteen days prior to the hearing date of a demolition
permit application for a principal structure.
"B. Other applications. The demolition permit application
of a principle structure may be processed as part of a
subdivision, variance, or special use permit application.
"Section 17.86.070. Review standards, required findings.
"A. General standards for findings of fact. The Planning
Board will review all building demolition permit applications
in accordance with this article and the ordinances of the
city, together with the following standards:
ORDINANCE
OF THE
COUNCIL
NO.
(Page 4)
(1) The granting of a permit is not detrimental to the
public health, safety, and general welfare of the
community.
(2) The proposed demolition of the structure is consistent
with the goals and policies of the Comprehensive Land
Use Plan.
(3) The proposed demolition does not create land with
barriers to development.
(4) The proposed demolition does no harm to the character
of the immediate neighborhood or area of the city.
"Prior to the issuance of a demolition permit, a
conference is recommended between the Building Official and
the demolition contractor to review the requirements and
conditions for demolition.
"The Planning
condi tions and
demolition permit
Board and Building Official may impose
restrictions upon the issuance of
as may be necessary.
such
the
"B. If a demolition permit application is approved by the
Planning Board and Building Official, any demolition that
takes place shall be done in accordance with the provisions
of the Building Code in force at the time, the requirements
of this Code, and any additional requirements or conditions.
The applicant shall also be required to submit to the city
proof of disconnection of utilities prior to commencing
demolition of the building.
"C. All demolition permit applications
approval of any state mandated requirements
time of the completed application.
are subject to
in place at the
"D. Particulate control. At all times, airborne particles
shall be controlled at all demolition sites.
"E. Safety fencing. Fencing shall be installed around the
entire perimeter of any excavated area greater than 24 inches
in depth.
"F. Restoration. If construction of a new development has
not commenced within 30 days of demolition, the property must
be restored to a safe condition within 30 days thereafter.
ORDINANCE
OF THE
COUNCIL
NO.
(Page 5)
"G. Noise. Upon the issuance of a demolition permit by the
Building Official, demolition activity will take place
Monday-Friday only during the hours 8:00 A.M. to 5:00 P.M.
"H. A brightly colored placard certifying approval from the
Building Official shall be provided by the city and posted in
a conspicuous location on-site by the permit holder or
property owner.
"Section 17.86.080. Fees.
"A nonrefundable fee in accordance with the City of Newport
Codified Ordinance 2.120 General Fee Schedule must be
submitted with the building demolition permit application and
is required for a building demolition permit. Permit fees as
required by other codes and ordinances of the city may also
be required.
"Section 17.86.090. Penalty for violation of article.
"If any structure is demolished without complying with
this article:
"1. The owner of the subject property, demolition permit
applicant and any other person or entity participating in
any demolition activities on the sUbject property shall each
be subject to a separate fine of not less than that
prescribed by law, a minimum $500 for each separate
violation .thereof or up to 50% of the total cost of the
demolition, that which is greater; and,
"2. Until the owner of the subject property pays any and
all fines for violations of the provisions of this article
no building permits shall be issued for the construction of
any improvement on the subject property and any active
permits shall be suspended.
"17.86.100. Severability.
"If any section, provision, or portion of this chapter is
adjudged unconstitutional or rendered invalid by a court, the
remainder of the ordinance shall remain valid.
ORDINANCE
OF THE
COUNCIL
NO.
(Page 6)
"17.86.110. Abrogation and Greater Restriction.
"This chapter shall not in any way impair or remove the
necessity of compliance with any other applicable laws,
ordinances, regulations, etc. Where this chapter imposes a
greater restriction, the provisions of this chapter shall
control."
SECTION 4. This ordinance shall take effect upon its passage and
all ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Communication # 4918/11
Docket Date: November 9, 2011

City6Newport
R.EQIJESJ. :FOR CX'[.CQUNCIL.ACJIQN
To:
From:
Date:
SUbject:
Staff Contact:
Mayor Stephen C. Waluk& !!l-\\-City Council
Edward F. Lavallee, City
October 28, 2011
Award of Bid #012-020 -Parking Meter Management and Parking Meter
Rate Challge
Michael Brennan, Transportation Manager
RECOMMENDATION:
R.iconWendawaidof the contract for the provision of parking Il\eter operation and management services to the lowest
qualified bidder, Central Parkillg of Providence, RI. Tlte recommendation includes a change in Ordinance 10.20.210
Charges, to increase the parking meter rate by twenty five cents per hour. This would give the user 12 minutes for
five cents verses the present rate of 15 minutes for twenty five cents. The Parking Meter Management award is
for a three (3) year period, with two (2), one (1) year options at the City's discretion. For the first three (3) years the
aJ)llual rates are fixed with a yearly cost of $194,412.50 which is based on 449 metered parking spaces. This rate will
contjnue for three (3) years and in the fourth and fifth year, will decrease each year to $186,369.50, $171,432.50
respectively.

to test the use of "smart meter" tecMology. Smart meters are capable of
a9gepting cqnvcntional predi! c.args as well as cash. The tesl results were very positive. apPreciated the
convellience of 1.1sing conventional credit cards instead of having to buy "Smart Cards" or search for coins to feed the
meter.
the City's solicitation mandates the provision of the new meters, incre.asingthe capital cost to
This creates a user-triendly meter. This new meter system w01.11d also include replacing the pay-and -
unit intlte 'T0mO Sl\'cet parking lot aIld replacing single mctere4 spaces in Long Lot with apay-and-
displaY 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 be
able t9 pay by credit card. The increased cost to the vendor for new meter heads has driven 1.11' the competitive
proposals. Th
c
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)ll1.1al
costs in the option years (year 4, year 5), in addition to proposing the lowest ann1.1al costs for each of the five years in the
proposal.
PREVIOUS LEGISLATIVE ACTION
ResoMion 2005-09; 2006-07; 201016; 2011-061
FISCAL IMPACT
-.1L C1.1rrently B1.1dgeted Acc01.1nt 07-190-5000-50225) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTING DOCUMENTS
Resolution
Ordinance
Bid Tabulation
Corp9rate Information
""'!'l..S'!!"'''''''..... ....''''''''''''-_.....__!!!!!!-
IV ..
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. _
WHEREAS, the City outsources the operation and management of the parking meter
system to a private vendor; and,
WHEREAS, the contract for the current parking meter management plan expires October
31,2011; and
WHEREAS, the City requested proposals for the management of the parking meter
system under a new multi-year plan that incorporates the upgrading of
parking meters to a "smart meter design," capable of accepting conventional
credit 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 the
use of customer-friendly smart meters and received overwhelming approval
of the smart meter design; and
WHEREAS, the proposals received included the provision of new smart meters to
replace the existing conventional meter heads; and
WHEREAS, the use of "smart meters" incorporates additional charges for wireless
transmission of credit card data, bank charges, and associated management
fees; and
WHEREAS, the City's solicitation mandates the replacement ofmeters with new meter
heads 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 technology
increase the City's cost of operation, and to cover said costs the current
meter rate should be increased by $.25 per hour; and
WHEREAS, based on a comparison of the proposals submitted, the lowest bid and best
offering to the City was submitted by Central Parking Systems, with prices
for years one (1) through three (3) to be $194,412.50 per year; and reducing
the annual cost to $186,369.50 for year four (4); and to $171,432.50 for year
five (5), and
CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. --;-:::----c:.-----
(page 2)
WHEREAS, Central Parking is the current vendor managing the city's parking meter
system and has performed acceptably under provisions of their existing
contract. NOW, THEREFORE, BE IT
RESOLVED: that the Council award a contract for three years to Central Parking
Systems, with a two-year option at the discretion of the City. AND BE IT
FURTHER
RESOLVED: that Section 10.20.210 of the Codified Ordinances be amended to increase
the parking meter rates by $.25 per hour.
lNCOUNC1L
READ AND PASSED
Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO. _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED ORDINANCES OF THE
CITY 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 of
Newport, 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.
ordinances
repealed.
IN COUNCIL
READ AND PASSED
Except as otherwise provided in Paragraph D of this
section, the fee for the maximum parking time shall be
one dollar and twenty-five cents($1.25) per hour, at
increments of twenty-five cents ($0.25) for twelve (12)
minutes."
When at such time as the city permits the reservation of a
metered parking space or spaces for a special event,
construction work, or for any other reason deemed
acceptable to the city, a flat fee of thirty dollars
($30.00) per day shall be paid to the city for each
reserved metered parking space. Said flat fee shall not
be prorated based upon the number of hours said space is
reserved within a twenty-four (24) hour period."
This ordinance shall take effect upon its passage and all
or parts of ordinances inconsistent herewith are hereby
Kathleen M. Silvia
City Clerk
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 4
per SQi3celper
s.e.asllll
$376/$12.75
$491
Ootion VI";l( !'i
Per snacelner
s.e.asllll
$337/$12.75
$491
VP'::!r' 1 tot::!l
$181,350.50
$188,144.28
ArklitionJ'll Tnfnrm::'ltion
Disc. for expansion
Transaction fees not included
Approx. value $7 per month per space (est. $204,000>
,- .. ,'"""'.,,,',',;:"',,";':&,',,'/ ""': "';,,", "'-.'1,-,-,- ,- ".':.oN",'''-''','" ',':' .
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 it
would be reduced to an estimated $425/$12.75 (est.
$203,564:50)
Pav-and-DisDlav- 2 units
Years 1-3 Qntion vear4 Qntion year 5 Additional Information
Central Parkin$!;
1
$13062.00 $13062 $13062
Discounts for expanSIon
5 year total does not include .13 Trans. Fee.
I I
Would 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 include
2.8% Credit Card Fees
Combined IPS & Pay-&-
" "",.
Central Parkinp' $941039.58
$979,332.40
LAZ 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 done
without the attachment.
Central Parking System of Rhode Island,
Complete Company Name
James A. Marcum
Name
Lucinda M. Baier
Name
James H. Bond
Name
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
Senior Vice President
Vice President of Human
48
TO:
FROM:
SUBJECT:
DATE:
CITY OF NEWPORT
CITY MANAGER
Edward F. Lavallee
MEMORANDUM
The Hon. Mayor and Members of
Docket Item #18 - December 14, 2011 Council Meeting
Communication #4918/11 (Continued from November 9, 2011
Meeting - Award of Bid #012-020 - Parking Meter Management and
Parking Meter Rate Change
December 7, 2011
Enclosed, as per the Council's request, is the contract document for the award
of bid for Parking Meter Management Services, which was continued from the
November 9, 2011 Council Meeting.
/paf
Enclosure
City Hall, 43 Broadway Newport, Rhode Island 02840
Tel: (401) 845-5430 Fax: (401) 845-2510 E-mail: elavallee@cityofnewport.com
PARKING METER AGREEMENT
THIS AGREEMENT entered into this __ day of , 20_, by and
between the City of Newport (City) and Central Parking System (Contractor).
RECITALS
WHEREAS, Contractor submitted a proposal (#12-020) which was found to be in the
best 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, with
two (2), one year options at the discretion of the City of Newport. The contractor fee in year
four (4) will decrease with a NTE cost of $186,369.50 and year five (5) the contractor fee will
again decrease with a NTE cost of$171,432.50.
WHEREAS, Contractor will provide 383 IPS "Smart" meters at a rate of $397.00 per
meter 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 per
meter 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 per
season 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 meter
per month gateway/transaction fee may be reduced to fit the needs of the City of Newport. Any
savings granted to the Contractor by IPS, on the City's behalf, will be passed on to the City and
be reflected in the invoice. The Contractor will provide two (2) Pay-and-Display units to the
City, covering a total of sixty-six (66) spaces, at a cost of $6,051.00 per unit, including pole
removal. Without pole removal, at the City's option, the cost will be $5,379.00 per unit. Either
option will include an additional $80.00 per month per unit for license fees and wireless modem
charges.
NOW, THEREFORE, THIS AGREEMENT WITHNESSETH, that in consideration
of the mutual promises and benefits recited herein and other good and valuable consideration, the
receipt 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 his
own expense to supply and install metal poles in the sidewalk to the specifications required by
the City.
Contractor will ensure that the surface to the sidewalk disturbed as a result of the
installation or removal of meter poles is restored to a similar condition as existed prior to the
installation or removal. The City and Contractor acknowledge that Contractor owns existing
metal poles currently installed in the sidewalks of the City of Newport. Contractor intends to
utilize 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 of Newport, 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. Said
Surety Company must be properly registered and licensed to conduct business in the State of
Rhode Island. Said surety for perfonnance in the amount of $10,000 must be renewable on an
annual basis for the term ofthis contract and any extensions hereof
In addition, Contractor is granted the exclusive right at his own expense to supply and
mount IPS "Smart meter" (the meters) on the installed poles, and two (2) Pay-and-Display units
by May 1
st
in each contract year commencing 2012. Such meters will be removed or sealed no
sooner than October 31st but prior to November 30
th
in each contract year. For identification of
meter locations, each meter will be individually numbered and a plan of meters and their
identification numbers will be made available to the City. City authorizes Contractor to charge
for parking at the specified meters at a rate agreed to by the City and the Contractor, such rates
together 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-display
machines one at the Touro Street Lot and one at the Long Wharf Lot, in lieu of individual
meters, with signage placed on existing poles. Contractor will inspect, maintain, repair and
replace said pay-and-display machine to ensure maximum utilization.
Sole responsibility for collection of cash shall rest with the Contractor. However, the
City may monitor the collection at their discretion.
Contractor will collect cash from the meters at a frequency dictated by the usage of the
meters, such cash to be counted, bagged or wrapped as required and deposited at the City-
designated 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 by
mutual agreement of the City of Newport and the Contractor.
2. TERM: For the consideration hereinafter stipulated, the City hereby grants to the
Contractor 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 in
accordance with the terms and conditions of this Agreement.
3. RENEWAL TERM: This agreement two (2), one year options at the discretion of the
City of Newport.
4. SEASON: Payment for parking at the specified meter locations will commence on May
1
st
and end on October 31
st
in each contract year (season) commencing in 2012. Such period to
be 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 payment
will be made monthly at a rate ofNTE $32,402.08 for months May - October. If the City elects
to exercise the option years (4) and (5), the monthly payments will be proportionately reduced to
reflect the reduced annual fees as specified in the recitals (herein). The payments will be in
arrears during the season to the Contractor in the form of a check, upon receipt of original
invoice.
6. PUBLIC INFORMATION/SIGNAGE: Contractor shall be required to display parking
regulations and information as approved by the City on the meters or meter poles during the
season.
7. REPORTS AND INFORMATION: The Contractor shall furnish the City with a
weekly report within seven (7) days at the end of the reported week stating the revenue collected
and a calendar monthly report within seven (7) days of the end of the month reported of revenue
collected and such other information and reports concerning the progress and management of
this project as may responsibly be required by the City. The form of said reports shall be
determined by the City.
8. CITY'S OBLIGATION: City confirms that Contractors operation complies with City
ordinances and planning and engineering requirements. During the season, City shall provide
sufficient number of traffic aides to enforce meter parking, issuing tickets for vehicles parked in
violation of the parking regulations in meter bays. The City, through the Police Department, will
assign an individual to monitor the Contractor in collecting cash from meters, as necessary.
9. FINANCIAL ADJUSTMENTS: On or before November 30
th
in each contract years
commencing in 2012, Contractor shall provide a statement of the season's revenue. Contractor
agrees to pay to the City after 24 hours for Smart metered spaces and 16 hours for Pay-and-
Display units, the sum based on average daily meter income from the last available report, for
non-operational metered spaces.
10. REVENUE RECEIVED FROM PARKING VIOLATIONS: Contractor receives
no share of the revenue collected through the issuance of tickets for violation of the parking
regulations in meter bays.
11. OWNERSHIP OF POLES AND METERS: It is agreed that ownership of the poles
remains with the Contractor during the term of this contract or any renewal. The City agrees that
it will require any new Contractor, at the expiration of this agreement, to purchase from the
Contractor at $50 per pole, for in-use poles.
It is agreed that the parking meters provided by Contractor remain Contractors property
during the term of this contract, in the event that the City decides to open the services provided
hereunder for competitive bid and Contractor is not appointed to provide the services described
herein, then the City agrees that the Contractor retains the right to remove such meters or to
dispose of them in any way he sees fit. Should the City decide after the completion of the
Contractor'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 the
meters. Contractor has the responsibility to restore the sidewalk and the immediate surrounding
area 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 at
designated locations, in which case the meters may be temporarily bagged and inoperable. In
any case, said meters shall be counted as operational in totaling the number of meters in use in
the City.
12. OPERATION OF ON-STREET PAY PARKING: City agrees that for the term of
agreement and any renewal, it will not operate anyon-street paid parking other than that
provided by Contractor.
13. SUSPENSION OF OPERATIONS: If the Contractor shall fail to diligently and
continuously perform its duties under this agreement, it shall be considered in default at the
option of the City.
14. RIGHT TO AUDIT: Contractor agreed that at any time during normal business hours
during the season and as often as the City in its sole discretion may choose, City of its agents or
representatives may, by providing seven (7) days prior written notice, examine, audit, copy, and
make excerpts of all books, invoices, records, computer printouts or other materials belonging to
Contractor that impact upon this agreement but which are maintained for the purpose of
recording, 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 and
books.
15. INDEMNIFICATION: Contractor shall be responsible for all damages to life and
property due to its activities or those of its agents, associates or employees in connection with the
services provided and work performed under this agreement and it is expressly understood that
Contractor shall identify, defend and hold City harmless for any claims, suits, actions, damages
of every name and description, including legal fees and costs, resulting from its negligent
performance under this agreement.
16. INSURANCE: During the term of the agreement and any renewal thereof, Contractor
agrees to maintain a general liability and property damage insurance naming the City as an
additional insured in the amount of $1,000,000 dollars ($1,000,000) combined single limit and to
provide the City with a copy of such insurance policy. Contractor will maintain in force, as
required by State law, workers compensation for Contractors employees.
17. NOTICES: All notices, requests and demands upon the respective parties hereto shall be
deemed 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 mail
postage paid to the address of the other:
(a) To City:
(b) To Contractor:
City Hall, 43 Broadway, Newport, RI 02840
Central Parking System,
233 Weybosset Street
18. DEFAULT: If Contractor shall default under any terms of this agreement and shall fail
to cure said default within fourteen (14) days of notification by the City, the City may at its
option 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 and
no delay in exercising any right, power or privilege under this agreement shall operate as a
waiver thereof nor shall any single or partial exercise of any right, power or privilege hereunder
preclude 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 of
the State of Rhode Island shall govern its interpretation, performance and enforcement.
21. COMPLIANCE WITH THE LAW: Contractor shall, at all times, be in compliance
with all applicable laws and regulations.
22. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the
parties hereto and may not be modified, altered, amended, assigned or surrendered without prior
written consent and approval ofthe parties hereto.
23. HEADING: Any heading of the paragraphs in this agreement are inserted for the
convenience and reference only and shall be disregarded in construing and/or interpreting the
agreement.
24. RECITALS: The recitals are incorporated herein as reference.
25. GENDER: Words of gender used in this agreement may be construed to include any
gender, and words in the singular may include the plural, and words in the plural may include the
singular.
26. COUNTERPARTS: This agreement may be executed in any number of counterparts
and each counterpart shall be deemed an original.
- 5 -
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first before written.
CITY
The City of Newport
City Hall
43 Broadway
Newport, RI 02840
By:
(Signature)
Stephen C. Waluk,
Mayor
(Date of Execution)
Approved as to legal form and sufficiency:
CONTRACTOR
Central Parking System
233 Weybosset Street
By:
(Signature)
General Manager
(Date of Execution)
Joseph J. Nicholson, Jr. City. Solicitor
- 6-
Docket Date: December 14, 2011
City ofNewport
REQUEST FOR CITY COUNCIL ACTION
To:
From:
Date:
Subject:
Staff Presentation:
Applicant Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & City Council
Edward F. Lavallee, City -
November 29, 2011
Certified Local Government - Grant Application
Dana Corson, Historic Preservation Planner
Katherine Long, Preservation Society of Newport County
Staff recommends approval of the attached Certified Local Governmeut [CLG] grant application and accompanying
resolution.
. BACKGROUND AND FINDINGS:
The Preservation Society of Newport County [PSNC] is seeking a 50/50 matching grant to aide in the completion of a
survey of the historic gates, fences, walls and posts of Bellevue Avenue from Kay Street to Ledge Road. A letter of
intent 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 Historic
Preservation and Heritage Commission [RIHPHC].
The 50/50 match will be coming from the PSNC.
N/A
FISCAL IMPACT
Currently Budgeted (Account ) Requires additional appropriation l No Fiscal Impact
Resolution
Letter from Trudy Coxe
Grant 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 Local
Government and is therefore eligible to be awarded 50
percent matching grants as a local government whose
municipal historic preservation program has been
certified by the Rhode Island Historical Preservation
and Heritage Commission and
the Comprehensive Land Use Plan (2003) for the City of
Newport recognizes the need for historic surveys that
address information gaps, as stated on p. 5-25: UBecause
documentation of Newport's historical resources will
also provide justification for regulations enacted in
their defense, another step toward protecting Newport's
historic resources will be to increase documentation for
those areas in which more information is needed;H and
the historic designed-landscape features along the
edges of properties in Newport, including fences, walls,
gates, and hedges are important community-character-
defining elements whose significance has been largely
overlooked in surveys of historic resources, including
those for historic buildings and historic landscapes;
NOW THEREFORE BE IT
that the City Council supports the grant application
for funding through the Rhode Island Historical
Preservation and Heritage Cormnission's Certified Local
Government Grant Program with The Preservation Society
of Newport County acting as sub-grantee to provide
support for a preliminary survey that will identify
significant, representative historic street-edge
designed-landscape features in Newport worthy of
protection and begin the assessment needed for effective
preservation planning for said street-edge features, and
that the Mayor is authorized to sign any documents
deemed necessary for said award, on behalf of the City
READ AND PASSED
Kathleen M. Silvia
City Clerk
"
PRESERVATION SOCIETY
01:: 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 loss
with the destruction ofsuch estates as Stone Villa, Chetwode, and Villa
Rosa along with their accompanying enclosures. Many of the Bellevue
Avenue gates, etc., are not protected under the present Historic District
Ordinance. A comprehensive survey is necessary to document what
remains before further losses occur.
This survey project aligns with the Rhode Island Historical Preservation &
Heritage Commission's State Historic Preservation Plan (2002) Goal
One: Locate, identify, and evaluate all of Rhode Island's historic
resources. Policies under this goal include: "[refining] our understanding
ofhistorical significance to include a wider variety ofproperties ...
Previous surveys sometimes collected only a limited amount of
information about individual properties; these gaps should be filled in. (p.
27; emphasis ours).
Paige Bronk
Director ofPlanning, Zoning, Development and Inspection
City of Newport
43 Broadway
Newport, Rl 02840
The Preservation Society of Newport County would like to act on behalf
of 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 previously
expressed strong interest in seeing this project funded.
Dating from the mid- 19
th
to the early-20
th
centuries, the gates, fences,
walls, and posts ofBellevue Avenue represent the work of a number of
prominent American architects and a variety of historic revival styles,
construction methods, and materials. They are the first elements of the
Avenue an individual encounters, and serve as a character-defining
.framework for the neighborhood.
424 Bellevue Avenue. Newport, RI 02840
INTERNATIONAL COUNCIL
Armin B. Allen - CoChairman
Earl A. Powell III - Co-Chairman
10l1nWinthrop Aldrich
Theresa Elmore 8ehrendt
James D. Berwind
Bonnie Burnham
Dr. Johan Cederlund
Maureen K. ChUton
Alec Cobbe
Count Denis de Kergorlay
'Claudio DelVecchio
Debra DelVecchio
"Nam::y Dubuc
Peter Eltz
Henrietta H. foro
Morrison H. Heckschcr
Robin He-rbert C.8.F
Brooks lobkowiez
Robert B. MacKay
Pauline C. Metcalr
Richard Moe
P.cter Pennoycr
Mary S. Phipps
louis G. Piancone
Anne L Poulet
Dame Fiona Reynolds DBE
Sir Hugh Roberts GCVO
Charles M. Royce
Deborah G. Royce
Tracie Rozhon
El Marques de Santa Cruz
Henrietta Spencef'-Churchill. BIID, FIDA
I.Tolnoy
Diane B. Wilsey
Richard GuvWilson
John G. Winslow - Chairman Emeritus
CEO/EXECUTIVE DIRECTOR
Trudy Coxe
Duncan A. Chapman
NancyW.Cu:>hing
Kim Darden
Dwirl R For"
Sarah M. Gewirz
Ala Isham
Eaddo Hayes Rieman
Elizabeth W.leathcrman
David E. P. Lindh
William F. Lucey
Ronald K. Machtley
lohn D. Muggcridge
Andrew K. Reilly
Eugene B. Roberts.Jr.
Alice O.Ro$s
MaryVan Pelt
Mark E. Watson lit
1':
William N.Wood Prince
BOARD OF TRUSTEES
Donald O. Ross - Chairman
Angela Brown Fischer -Vice Chairman
Carol C. Ballard President
David P. Leys -Vice President
Angela l. Moore -Vice President
Monty Bumham - 1j"easurer
Peter S. Damon -Asst. Tieasurer
ArthurW Murphy Secf"Ctary
RIHPHC Funding Priorities for FY2012 include: Identification/evaluation of Historic Resources
part 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 their
setting. (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 Newport
plan states:
Because the documentation of Newport's historical resources will also provide
justification for regulations enacted in their defense, another step toward protecting
Newport's historic resources will be to increase the documentation for those areas in
which more information is needed. The areas in particular need of more
documentation are the Ocean Drive, Bellevue, and Broadway/Newport North districts
which contain significant natural and architectural resources. (p. 5-25; emphases ours)
Organizational Capacity
This survey project aligns with the mission of the Preservation Society of Newport County to
preserve and protect the best of Newport County's architectural, artistic, cultural, and social
heritage. We are Rhode Island's largest cultural organization and accredited by the American
Association of Museums in recognition of our professional operation, adherence to best
practices, and commitment to improvement and public service. The Society is committed to
designating 50% of its own funds and in-kind contributions to the project.
The project director will be architectural historian John Tschirch, the Preservation Society's
Director of Museum Affairs. A consultant who meets the professional standards detailed in 36
CFR Part 61 will be selected through a request-for-proposal process. Coordinating with the
Project 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 survey
sheets and photographs for every gate, etc. surveyed. We will issue the RFP in the spring of2012
and hire a consultant by June when survey fieldwork will commence. At the completion ofthe
survey, 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 you
need more information, please contact me at 847-1000 ext. 122 or tcoxe@newportmansions.org.
Sincerely,
Trudy Coxe
CEO 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 _
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 _
Daytime Telephone (401) 845-5436 E-mail address swaluk@cityofuewport.com
1
NAME OF CLG CONTACT PERSON ... Z""o,..m",n""g-"O<zf.... fic",e",r _
Office Address _
Street 43 Broadway
City/Town Newport Zip Code --'0,:,2""'84"'0"-- _
Daytime Telephone (401) 845-5436 E-mail address gweston@cityofuewport.com
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 .... 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 addressjshehan@cityofnewport.com
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 National
Register/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 PRODUCTS
will be produced under the subgrant.
If the CLG is delegating this project, Including subgrant administration, to a third party
organization, which will act on the CLG's behalf as subgrantee, and receive funds directly from the
RIHPHC, please state this In the Project Description.
Indicate who the principal PROJECT PERSONNEL will be and whether they meet the professional
qualification standards detailed in 36 CFR Part 61 (see instructions). If you are proposing a location for
the STATEWIDE HISTORIC PRESERVATION CONFERENCE, or a training workshop, state whether
the 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. Their
significance has been largely overlooked in surveys of historic resources, including those for
historic buildings and historic landscapes. This preliminary survey will identify significant,
representative historic street-edge designed-landscape features worthy of protection and begin
the 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 selected
through a request-for-proposal process to conduct a survey of selected significant designed
landscape features at or near the street line of properties within the project areas, including but
not necessarily limited to fences, walls, gates, bollards, paving, and hedgerows. The survey will
include no more than 200 properties in the identified survey areas. Determination of properties to
be included in the survey will be made jointly by the consultant and Rhode Island Historical
Preservation & Heritage Commission staff. The Preservation Society of Newport County
(PSNC) will act on the CLG' s behalf as subgrantee and will administer the subgrant and will
receive 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-edge
designed-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 is
inadequate. The two areas that meet both criteria are:
1. The area bounded north by Memorial Boulevard, east and west by back lot lines of
Bellevue Avenue from Memorial Boulevard to Narragansett Avenue, north by back lot
lines of Narragansett Avenue from Bellevue to Rhode Island Sound, east by Rhode Island
Sound, east and south by Rhode Island Sound, and west by Coggeshall Avenue and
Spring Street.
2. The area bounded north by Van Zandt Avenue, east by railroad right of way and
America's Cup Boulevard, south by Goat Island Connector, and west by Newport
Harbor.
Resource Documentation
Resources will be photographed and described on a historic-data survey sheet developed
specifically 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 and
designer andlor builder, when known. From the field work and research, information will be
gathered into an inventory that describes and preliminarily evaluates each property.
Work Products
Work products include survey sheets, digital photographs, and a narrative inventory. Written and
visual documentation must be adequately detailed to facilitate informed property-management
decisions by project reviewers, such as building-inspection officials, historic-district-commission
staff 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 work
products (if applicable) will be submitted for review by the Rhode Island Historical
Preservation 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 of Newport,
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 Heritage
Commission'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 this
goal include:
... [refining] our understanding of historical significance to include a wider variety of
properties ... Previous surveys sometimes collected only a limited amount of
information about individual properties; these gaps should be filled in, (p. 27).
In addition, RIHDHC Funding Priorities for FY2011 include: Identification/evaluation of
Historic Resources part I: surveys, especially of resources not yet evaluated.
This project also aligns with historic preservation goals for the City of Newport. Further
stressing the need for historic surveys that address information gaps, the City of Newport
Comprehensive Land Use Plan (2003) states:
Because the documentation of Newport's historical resources will also provide
justification for regulations enacted in their defense, another step toward
protecting Newport's historic resources will be to increase the documentation for
those 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 the
federal 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/hour
PSNC StaffTime/Administration 15%
VII. NON-FEDERAL MATCHING SHARE
40 hours
50 hours
50 hours
140 hours
$9,800
1.470
$11,760
a.
b.
c.
Donor PSNC Total Amount $1.470
Source General funds
Kind Staff time Date Available start of project
Donor Total Amount
Source
Kind Date Available
Donor Total Amount
Source
Kind Date Available
Briefly describe how matching share contributes to achieving the scope of work 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 of Newport 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 Shehan
Historic District Commission Chair
Date
Date
Name of person who completed this application Katherine Long, Grant Administrator
Address The Preservation Society of Newport County
Street 424 Bellevue Avenue
City/Town Zip Code -:0"'2""8"'4""0 _
Telephone (401) 847-1000 ext. ISS
9
E-Mail klong@newoortmansions.org
City of Newport
To:
From:
Date:
Snbject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Walnk & M e m ~ s f the City Council
Edward F. Lavallee, City Manage
18 November 2011
Award of Bid Nnmber 12-023-Three (3) Alnminum Sectional Garage Doors
Easton's Beach Rotunda Bnildiug
Erik Reis, Beach Manager
Approve the award of bid number 12023, Three (3) - Haas Model CA-220 Heavy Duty Aluminum Sectional Garage
Doors 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 for
weddings and other events. The three (3) Heavy Duty Aluminum Garage Doors will replace the remaining three existing
wooden garage doors which will be consistent with the rest of the garage doors already installed and operating at the
beach property. These doors are currently located adjacent to both entrances of the Rotunda Ballroom. The doors are in
extremely poor condition as they allow water to flow into the building during significant rain events and existing
hardware has deteriorated over time from the harsh beach elements. This is part of the Capital Improvement Program
that was established during the FYI2 Budget cycle for Easton's Beach.
FYI2: Structural Repairs & Improvements - FY 2012-2016 Capital Improvement Program
FISCAL IMPACT
X Currently Budgeted (Account 08-190-5000-50440, Activity 084110) _ Requires additional appropriation
_ No Fiscal Impact
Resolution
Bid Tabulation
Corporate Information
Contract
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
WHEREAS: proposals were requested from overhead door
companies for fabrication and installation of
heavy duty aluminum garage doors at Easton's
Beach Rotunda building; and
WHEREAS: award has been recommended to the firm of
Gibson Technology, LLC of Middletown, RI,
meeting all specifications for providing the
City of Newport with a total of three (3)
Haas model CA-220 Heavy Duty Aluminum
Sectional Garage Doors at Easton's Beach in
the amount of $6,800.00. NOW THEREFORE BE IT
RESOLVED: that the proposal of Gibson Technology, LLC
is hereby accepted and
authorized to sign the
upon review by the City
on behalf of the City.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
that the Mayor is
contract for same,
Solicitor's Office,
T
"a'b
1
'J.....t
r
o'n "o'f''DI'f)''''#' -1
1
..
A
'16'""-- " 7,,',",,; \, }t:i'fQ;,,':'t:."":- ,"'i,,:',,':;:,':;':::P';, ,-; ,:",/:' :', :,,::,:';:.:',,:- '-,
.. ..
-'::.., ..",._".-,';
" _"'_''0""__' __"_ -'__ '''''''''='=='='='='=0::=-..0-"=;:.:",:0;,=,,,,,,,_ -"-','c:..- "'""',-0--'
00""
===="".=::-:..--
(Beach)
Gibson Overhead Fagan
Technologies Door Door
1. Three (3) - Haas model CA-220
Heavy Duty Aluminum Sectional
Garag.e Doors
$6,800.00 $6,904.00 $6,973.00
Bid Closed: 26 Oct 2011
1
City of Newport
Standard Contract
For
Bid #12-023
Three (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 Aluminum
Sectional 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 (3
rd
) 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;
6
(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;
7
(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 15
th
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 31
st
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
10
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.
11
(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.
12
(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.
13
(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.
14
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.
17
(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.
20
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
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 Council
December 7, 2011
Award of Bid # 12027 -New HVAC Uuits - Easton's Beach Rotunda
William R. Riccio, Jr., PE, Public Services Director
RECOMMENDATION:
The Department of Public Services recommends awarding the contract associated with the New HVAC Units - Easton's
Beach to the lowest qualified bidder, Regan Heating & Air Conditioning Inc. of Providence, RI based on the submitted
bid proposals for the associated work. The bid includes the removal of the existing HVAC units at the Rotunda and the
installation of new HVAC (heating, ventilation, and air conditioning) units. Other work includes the removal and
replacement of the existing exposed gas line and upgrades to the fire alarm system that monitors the units, as specified
by Federal, State, and local fire codes. The cost of this work will not exceed the total amount of$27,700.
The current HVAC system is no longer functional. The Rotunda is regularly used for special events, i.e. weddings and
receptions, and requires climate controls to function as such throughout the year. The City advertised for design/build
proposals for this associated work and received eight (8) proposals. The low bid is referenced above, the other bids
received were between $29,624 and $38,130.
A group of three City staff professionals reviewed the submitted proposals. The staff members scored each proposal
based on the following criteria and associated percentage value:
Cost of Construction
HVAC Specifications and Compatibility
Experience With Similar Projects
Implementation Schedule
40%
30%
20%
10%
The City staff recommends award to the low bidder due to: the HVAC specifications proposed that will meet the needs
of the facility, the capable compatibility to the facility's existing HVAC space and duct work, mechanicaVelectrical
components, the experience this contractor has within its field, its timely implementation schedule, and its reasonable
total price. Regan Heating & Air Conditioning Inc., the low bidder, provides the City of Newport with the best overall
value.
n1a
FISCAL IMPACT
~ Currently Budgeted (Account # 13190999133910) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Bid Tabulation
Corporate Information
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
WHEREAS: Public Service advertised for design/build
proposals for repair/replace services associated with
New HVAC Units - Easton's Beach, Bid #12-027 at Easton's
Beach Rotunda Facility and sealed bids were received on
22 November 2011; and
WHEREAS: The current HVAC system is no longer
functional. The Rotunda is regularly used for special
events, i.e. weddings and receptions, and requires
climate controls to function as such throughout the
year; and
WHEREAS: City personnel have reviewed and ranked eight
(8) submitted proposals and recommends award to the
highest ranking contractor who incorporates each
criteria for evaluation at their bid prices for a total
not to exceed $27,700.00.
NOW, THEREFORE, BE IT RESOLVED: that the bid of Regan
Heating & Air Conditioning of Providence, RI is hereby
accepted at a total not to exceed the cost of $27,700.00
and the Mayor is authorized to sign said contract on
behalf of the City, subject to favorable review by the
City Solicitor and the total project cost of $27,700.00
is hereby approved.
COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City of Newport
Department of Public Services
280 Spring Street
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
. NEWHVAC UNITS - EAsTON'S BEACH Bid #12-027
Li$t the Officers of y.our Corporation or Principals of your LLC or attach a similar
sheet 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
mregan@reganhv.ac.com
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 & City Council
Edward F. Lavallee, City ManageVr
December 7, 2011
Rhode Island League of Cities and Towns (RILOCAT) - Municipal Aggregate
Energy Supply Electricity Contract
The Department of Pnblic Services recommends approval of the Rhode Island League of Cities and Towns Municipal
Aggregate Electricity Supply three (3) year agreement with Direct Energy Business, LLC (aka Direct Energy) for
purposes of providing that portion of the electric bills associated with electricity supply to all municipal facilities in the
City 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 Towns
began a 7 month selection process (chronology attached) in order to secure a successor power supply agreement for
Rhode Island Energy Aggregate Program members. The RILOCT solicited proposals from energy suppliers on behalf of
its members in order to provide a mechanism for municipalities to obtain the most cost effective rate (through bulk
pricing) associated with the supply component of their electricity bills. City staff met with Direct Energy representatives
ori 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 per
kwh. Since actnal rates fluctuate, the following are representative of potential proposed rates over the 3 year period that
were prepared at the time of document preparation: year 1 (0.0657) year 2 (0.0666) year 3 (0.0676.) The supply rate is
one portion of the overall rate with the remaining portion coming from the delivery rate as imposed by National Grid
through the Public Utilities Commission. Current market commodity trends indicate that pricing is at a roughly 7-8 year
market low.
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) (l0-450-2500-
50306) (] 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
Resolution
RILCT Selection Process Chronology
RIGL 45-55-13.2
Contract Documents
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The City of Newport participates in the RI League of
Cities and Towns' (RILCT) RI Energy Aggregate Program (REAP) with
Nextera Energy Services in accordance with RIGL 45.55.13.2 which
expires in December, 2011; and
WHEREAS: The RILCT has secured a new municipal energy
aggregate agreement with Direct Energy Business, LLC (aka Direct
Energy) 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 Council
authorizes participation in the REAP electricity aggregate program
with Direct Energy in accordance with RIGL 45.55.13.2 and
authorizes the Mayor to sign the said contract upon review by the
city solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Rhode Island
League ofCities and Towns
Chronology orSelection Process
for
REAP "Preferred Provider" Supplier
March 15,2011 Board authorizes ''preferred provider"supplier option for next
phase of REAP
April RFP prepared
May 2RFPsent to thirteen 03}power suppliers.
May 20 RFP deadline
May 24 Intetrys Energy. Constellation Energy, Direct Energy and
OexaNeWEra 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 of
REAP commencinginDecember, 2011
. .
September 15 RILCTletter to REAP members informing themofnew supplier
and 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 45
Towns and cities
CHAPTER 45-55
Award 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 of
this chapter do not apply to entities organized for the purpose ofnegotiating the purchase of electric
power pursuant to 39-3-1.1, or energy or energy relatedservices. Those entities are exempt from all
provisions of this chapter.
History of Section.
(p.L. 1998, ch. 19, 1.)
.. ,
http;lIwww.rilin.state.rLusIStatutes/TITLE45/45-55/45-5S-13.2.HTM. 1l/16/201l .
II
Direct
Energy
. l 1 u $ l ~ e s s .
PowerSupply
Coordination
Service Agreement
Rhode Island
This Agreement is entered Into on and is between Direct Energy Business,
LLC ("Direct Energy") and ("Buyer"). Direct Energy and Buyer are
sometimes 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 this
Agreement; and (ii) the earlier of execution of this Agreement by Direct Energy or written confirmation by
Direct Energy of its acceptance of the Confirmation and this Agreement to Buyer. Upon such
effectiveness, Direct Energy will provide PSC Services and Electricity to meet Buyer's full usage
requirements at Buyer's Facility(ies) and Buyer will receive and pay for PSC Services and Electricity to
meet such usage requirements pursuant to the terms of this Agreement Direct Energy will deliver or
arrange 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 the
start month stated on the Pricing Attachment or Exhibit B, as applicable. However, Buyer acknowledges
that the commencement of service hereunder is dependent upon confirmation by the Host Utility of the
completion of all required switching and enrollment processes and if such SWitching and enrollment
processes occur after the Facility(ies) meter read date in the start month stated on the Pricing Attachment
or 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 service
commencement and Buyer shall not be liabie for any failure to purchase from Direct Energy due to actions
or inactions of the Host Utility.
Service shall continue through the Facility(ies) meter read date in the end month or with respect to
PowerPortfolio'M or PowerAdvantage'M service, until the meter read date after the expiration of the
Transaction or Transaction Confirmation, if later as stated on the Pricing Attachment or Exhibit B, as
applicable (the "Term"), unJess sooner terminated as provided herein. At the end of the Term, if Buyer and
Direct Energy have not entered into any written modification, amendment or renewal of this Agreement
and if Buyer has not elected to obtain service from another supplier, this Agreement shall automatically
continue on a month-to-month basis ("Monthly Renewal") at the market-based costs as defined in the
Confirmation.
3. Definitions:
As used herein, unless the context clearly indicates otherwise, the following terms shall have the meaning
set forth beiow:
"Actual Damages"
means the total amount of the loss that the non-defaulting party (or, in the event of a termination
without cause, the non-terminating party) (as applicable, the "Damaged Party") would experience as a
result 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 contract
price of the Electricity - as described in the Confirmation - for the remaining term of such terminated
transaction and the market price of the Electricity for the remaining term of such terminated
transaction, 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 the
Electricity 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 case
as 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. Direct
Energy shall provide to Buyer a reasonably understandable calculation of Actual Damages, and Buyer
shall 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 the
Agreement. If 8uyer disputes any portion of Direct Energy's calculation of Actual Damages, such
dispute 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 Host
Utility.
"Confirmation"
refers to the product and pricing attachment(s) to this Agreement, which set forth a description of the
Energy product selected by Buyer, describes the pricing for such Energy product, and identifies the
Facilities 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 to
the 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 and
Exhibit 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 under
this 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 this
Agreement; (b) any representation or warranty made by a Party that proves to be false or misleading in
any 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 to
cooperate with Direct Energy as reasonably required in order for Direct Energy to perform its
obligations under this Agreement. If an Event of Default has occurred, (a) the non-defaulting Party
shall have the right to setoff and net against any undisputed amounts owed by the defaulting Party to
the non-defaulting Party under this Agreement, and (b) the non-defaulting Party shall additionally have
the right to setoff and net against any deposit or security provided by the defaulling Party in
accordance with Section 7 of this Agreement any amounts, charges or damages owed by defaUlting
Party to the non-defaulting Party.
"Exhibit A"
applies only to PowerPortfolio" or PowerAdvantage'" service, and refers to the form of Transaction
Confirmation attached to this Agreement, identified as Exhibit A, and which is used to confirm
Transactions entered into under this Agreement, as described in the Confirmation.
"ExhlbltB"
applies only to PowerPortfolio'" or PowerAdvantage'" service, and refers to the list of Facilities
attached to this Agreement and identified as Exhibit B, which list specifies the Facilities covered under
the 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 the
authority to purchase Electricity under this Agreement and which are set forth on the Pricing
Attachment or Exhibit B, as applicable.
"Firm"
means that Parties may only suspend performance hereunder to the extent that such performance is
prevented for reasons of Force Majeure.
"Force Majeure"
means any "Act of God" or other unexpected and disruptive event beyond the reasonable control of
either Party that interferes with its ability to perform its obligations under this Agreement, except for the
obligation to pay monies due. Any Party which is unable to perform its obligations hereunder as a
result of a Force Majeure event shall provide written notice to the other Party of the existence of such
event and exercise due diligence to remove such event with all reasonable dispatch, but shall in no
event 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 a
price 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 than
the Price shall not constitute an event of Force Majeure. The Parties agree that Direct Energy shall not
be liable for any damages associated with any failure in the delivery of Energy in connection with the
failure of such transmission or distribution systems.
"Host Utility"
means any investor-owned utility, municipal utility, public utility, or other provider of electric lines whose
system 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 this
Agreement. As desclibed in the Confirmation, the fee for PSC Service (the "PSC Services fee") is
included 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 with
Part 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 the
Confirmation.
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 remit
the undisputed payment as required, interest will be assessed on the late balance at the lower of one-and-
one-half (1.5%) percent per month or the highest rate allowed by law (the "Late Payment Rate"). Buyer
may in good faith dispute any portion of an invoice by providing Direct Energy with a written explanation
specifying the amount in dispute and the reason for the dispute by the payment due date. In all cases, the
Parties shall use good faith efforts to resolve any dispute. In the event the Parties are unable to resolve
the dispute within ten (10) business days after receipt of written notice of a dispute, either Party may begin
legal proceedings to resolve the dispute. Any amounts determined owed, together with interest thereon as
provided 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 provided
under this Agreement and the Host Utility will continue to bill Buyer directly for any transmission and
Distribution charges. Buyer shall receive a separate invoice per Facility unless Buyer selects the
Aggregated Billing option as described in this paragraph and refiected in a "Billing Contract Information
and Selection Form." "Aggregated Billing" means that billing for Buyer's Facility(ies) may be combined into
a 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 aggregated
invoice). if Buyer selects Aggregated Billing, Direct Energy shall choose the day of the month on which to
deliver an invoice to Buyer based upon the Facility(ies) meter read dates. In the event Buyer desires to
discontinue Aggregated Billing and instead receive a separate invoice for each Facility, Buyer shall submit
such request in writing to Direct Energy and Direct Energy shall separate B u y e ~ s invoice provided that
there 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 uses
information obtained from a third party meter reading service, Direct Energy may use estimated data or the
third party meter usage data to calculate Buyer'S invoice and, upon receipt of actual data in the case of an
estimated read, reconcile the amount billed on future invoices. If Buyer's Facility(ies) have any interval
meters, Buyer acknowledges that the usage information for such meters contained on the Direct Energy
invoice may vary from that contained upon the Host Utility bill as a result of different billing cycles being
utilized 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 and
exclusively 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 inaccuracy
in any statement, the necessary adjustments in such statement and the payments thereof shall be made
promptly and shall bear interest at the Late Payment Rate from the date the overpayment or
underpayment was made until paid. In no event shall any adjustments or ocrrections be made to any
amount billed after the lapse of the longer of twenty-four (24) months from the date of the invoice or the
time frame permitted by the Regional Transmission Operator, the Independent System Operator of the
Host Utility's tariff for adjustments to consumption information.
7. Credit:
Direct Energy may request that Buyer provide financial information sufficient for Direct Energy to compiete
a credit review prior to providing service hereunder. If, prior to commencing service or at any time during
the Term of this Agreement, Direct Energy has good faith concerns about the creditworthiness of Buyer's
ability 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 reasonable
manner 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 credit
review prior to proViding service hereunder. If, prior to ocmmencing service or at any time during the Term
of this Agreement, Buyer has good faith concerns about the creditworthiness of Direct Energy or its ability
to perform hereunder, Buyer may require that the Direct Energy provide reasonable credit assurance(s), in
an amount and in a form reasonably determined by Buyer in a commercially reasonable manner inciuding
but 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. Without
limiting 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 of
ceasing operations (closing of the Facility(ies) or sale of the Facility(ies) to an unrelated third party) at such
Facility(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 prior
years for three consecutive months, Direct Energy may pass through the resulting ocst increases to Buyer
and shall pass through any cost decreases to Buyer for that month. If Direct Energy elects to pass through
such cost increases or passes through such cost decreases, Direct Energy will calculate the amount of
such costs in a commercially reasonable manner and submit an invoice to Buyer, which invoice will be due
and payable pursuant to the payment terms of this Agreement, or in the event of a credit, will credit
Buyer's next invoice.
Notwithstanding anything in this Section 9 to the contrary, if Seller has disclosed to Direct Energy prior to
this Agreement beocming effective that Buyer expects its electricity consumption to be materially affected
during the Term of this Agreement, or any renewal thereof, then Direct Energy shall have no right to
payment 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 the
Host Utility or iSO, then such costs or credits may be passed through to the Buyer. If any laws, orders or
regulations are passed, modified, implemented or interpreted by judicial or regulatory order, administrative
proceeding or legislative enactment, or if there is a change in rate class which applies to Buyer's
Facilities, which creates additional costs not currently included in the Price or increases in the ocst
components of the Price ("Incremental Charges"), then Direct Energy may pass through such Incremental
Charges to be paid by Buyer in addition to the Price and in acocrdance with the payment terms in this
Agreement.
{W2722643.1}
11. Limitation of Liability Disclaimer:
EXCEPT WITH RESPECT TO REMEDIES OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS
AGREEMENT, LIABILITY IS LIMITED TO DIRECT DAMAGES AS THE SOLE AND EXCLUSIVE
REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY
WAIVED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR ANY BUSINESS INTERRUPTION DAMAGES. EACH PARTY
AGREES THAT IT HAS A DUTY TO MITIGATE DAMAGES AND AGREES THAT IT WILL USE
COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY DAMAGES IT MAY INCUR AS A
RESULT OF THE OTHER PARTY'S PERFORMANCE OR NONPERFORMANCE OF THIS
AGREEMENT.
THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL
CODE SHALL APPLY TO ENERGY SOLD HEREUNDER. DIRECT ENERGY MAKES NO
REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS
AGREEMENT, AND EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY 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 until
midnight of the third (3rd) business day following the date that Buyer executes this Agreement to
call 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 the
Parties, (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 a
Party that has not received credit assurance pursuant to Section 7 above within seven (7) days of being
requested by the other Party; or (iv) during a Monthly Renewal pursuant to the Term, by either Party upon
providing 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 not
selected another supplier, Buyer will be returned to the basic service (default service) provided by the Host
Utility.
14. Effect of Termination:
In the event of termination as provided in this Agreement, all further obligations of the Parties under this
Agreement shall terminate without further liability of the Parties, except for the payment by the owing Party
of any sums due and owing to the other Party for services rendered prior to the termination date, Actual
Damages (in the event of termination under subsection (ii) or (iii) of Section 13 above), any indemnification
or confidentiality obligation of either Party which has arisen hereunder and any other obligation hereunder
which 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, and
governed under and by the laws of the State of Rhode Island, without regard to its choice of law
provisions.
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, which
consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the above, Direct
Energy may, without the consent of Buyer, assign this Agreement and its rights and obligations hereunder
to any third party for the limited purpose of securing credit and financing or to any person or entity
succeeding to all or substantially all of the assets of Direct Energy. Further, either Party may, without the
need for consent from the other Party transfer or assign this Agreement to an Affiliate of such Party
provided that such Affiliate has equivalent financial capability to that of the assigning Party and agrees to
be 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 to
any person, any other person (other than an individual) that, directly or indirectly, through one or more
intermediaries, controls, or is controlled by, or is under common control with, such person. For purposes of
the 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 other
document to be given or served hereunder or under any document or instrument executed pursuant
hereto, including without limitation any termination or disconnection notices, shall be In writing and shall be
delivered to either the address specified below or to such other address as is acceptable to the Parties for
the receipt of such notices. Notice sent by facsimile or other electronic means shall be deemed to have
been received by the close of the business day on which it was transmitted or such earlier time as is
confirmed by the receiving Party. Notice delivered by courier shall be deemed to have been received on
the business day after it was sent or such earlier time as is confirmed by the receiving Party. Notice
delivered by mail shall be deemed to have been received at the end of the third business day after the
date of mailing by prepaid first class mail, except that when there is a strike affecting delivery of mail, all
notices shall be delivered by overnight delivery service and shall be deemed received by the close of
business on the day such service confirms delivery.
Direct Energy
Attn: Customer Service Manager
1001 Liberty Avenue
Pittsburgh, PA 15222
Phone: (888) 925-9115
Fax: (866) 421-0257
Email: CustomerRelations@directenergy.com
Monday through Thursday from 7:00AM to
7:00PM Eastern Time and Friday 7:00AM to
6:00PM 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 knows
or reasonably should know to be confidential or proprietary (other than to the Rhode Island League of
Cities and Towns and that Party's employees, lenders, counsel, consultants, agents or aocountants who
have agreed to keep such terms confidential) except to the extent that disclosure is othelWise required by
law, is required to carry out the terms of this Agreement or is made with the prior written consent of the
other Party. Direct Energy agrees that such confidential treatment shall extend to Buyer's usage and
consumption data which is not otherwise in the public domain. The parties shall be entitled to all remedies
available at iaw or in equity to enforce, or seek relief in connection with this confidentiality obligation. This
provision 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, hereby
represents 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 its
formation and is qualified to conduct its business in those jurisdictions necessary to perform this
Agreement;
(b) the execution and delivery of this Agreement are within its powers, have been duly authorized by all
necessary actions and/or board approvals, and do not violate any of the terms or conditions in its
governing 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 authorizations
necessary for it to legally perform its obligations;
(d) this Agreement constitutes a legal, valid and binding obligation of such Party enforceable against it
in accordance with its terms, SUbject to bankruptcy, insolvency, reorganization, and other laws affecting
creditors' rights generally and with regard to equitable remedies, subject to the discretion of the court
before which proceedings to obtain same may be pending;
(e) there are no bankruptcy, insolvency, reorganization, receivership or other similar proceedings
pending 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 is
an agent of Buyer in this transaction and may receive a commission to be paid by Direct Energy from
payments 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 the
authority to execute and bind the Facility(ies) to this Agreement for the Term stated in the Pricing
Attachment or Exhibit B, as applicable, and that the term of its property management agreement with
the 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 another
agreement for Electricity services that will overlap with the Term stated in the Pricing Attachment or
Exhibit B, as applicable; and
(i) Buyer and Direct Energy confirm that prior to execution of this Agreement they have discussed
Buyer's expected electricity consumption at the Facilities, including but not limited to any plans Buyer
may have that would materially affect its electricity consumption during the Term of this Agreement or
any renewal thereof.
Each party covenants that it shall cause its respective representations and warranties to remain true and
correct 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 waiver
of any future default, whether of a like or different character or nature. No delay or failure by Direct Energy
in 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 any
portion or provision shall not affect the validity, legality or enforceability of any other portion or provision of
this Agreement.
22. Entire Agreement:
This Agreement and the Confirmation contain the entire understanding of the parties with respect to the
subject matter contained herein. There are no promises, covenants or understanding other than those
expressly set forth herein. This Agreement may only be amended by a written instrument executed by both
Parties.
23. Counterparts:
This Agreement may be executed in one or more counterparts and each executed counterpart shall be
considered 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 reviewthe 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
Direct
Energy;
. .
PowerSupply
Coordlnatlon
Service Agreement
Product Confirmation for
Rhode Island Fixed AI
Product
This Confirmation Is an integral part of the Agreement to which it Is attached. Capitalized terms not
defined 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 this
Agreement (the "Price") shall be that set forth on the Pricing Attachment The Price includes applicable
costs for Energy; Ancillary Services; renewable energy costs as required; losses; all costs associated
with Direct Energy's obligation to provide capacity as applicable by the ISO New England ("Installed
Capacity 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 may
be subject, are not included in the Price and shall be passed through without markup to be paid by Buyer
in addition to the Price. The Price does not include any transmission and Distribution charges for services
provided by the Host Utility.
The price per kWh during any Monthly Renewal will include the market-based costs for Energy as
determined by Direct Energy, plus all other taxes, costs, charges or fees which are set forth in this
Confirmation.
Buyer acknowiedges that any costs assessed by the Host Utility or any third party as a result of Buyer's
switch to or from Direct Energy, including but not limited to switching costs, are not included in the Price
and 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 part
of, this Confirmation. Buyer's execution of the Pricing Attachment shall constitute execution of the
Confirmation.
Special Provisions applicable to this Confirmation:
None..
{W2722645.1}
Notice: Buyer's execution and submission of this Pricing Attachment to Direct
Energy shall constitute an offer by Buyer to Direct Energy to purchase Electricity on
the terms set forth in the Agreement. The Agreement (including this Pricing
Attachment) shall become effective only upon (i) such execution by Buyer of the
Pricing Attachment and the Agreement; and (ii) the earlier of execution of the
Agreement by Direct Energy or written confirmation by Direct Energy of its
acceptance of the Agreement to Buyer.
PRICING ATTACHMENT TO POWERSUPPLY COORDINATION SERVICES
AGREEMENT
dated $ReturnedDate2 between
DIRECT 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 Weighted
Average Price. Any strikeouts of any of the
accounts provided With a Weighted Average
Price will render pricing for the accounts
assigned with a Weighted Average Price, null
and void.
Accepted and Agreed to
on behalf of Direct
Energy:
By: Date: _
{W2722647.1}
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M e m ~ ~ h e City Council
Edward F. Lavallee, City Manager.r
30 November 2011
Regional Expenditures of Remaining 2009 Assistance to Firefighters Grant
Fnnds - Fire Prevention Education Equipment
Peter D. Connerton Sr., Fire Chief
The Fire Department recommends that the Council authorize the purchase of a new Sparky Fire Safety Robot, the
Animated Sparky the Fire Dog Costume, (4) ZVW 515 Smoke Makers, and the required Zero Visibility MAX Smoke
Fluid in the total amouut of $19,299.50. These items would be used locally and regionally to deliver Fire Preveution
presentations to our communities.
The regional Fire Safety Trailer and the Sparky Fire Safety Robot purchased through the 2003 AFG Graut are no longer
in service, and beyond repair. Without these items our ability to maintain our Fire Prevention program is greatly
diminished. The Sparky Fire Safety Robot, costume and accessories are a sole source purchase and the associated
documentation from Robotronics is attached. Robotronics has provided a quote in the amount of $14,822.50; quotes
were 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 request
to FEMA to expend a portion of the excess 2009 AFG funds for the above mentioned items and it was approved. The
cost to the City would be $964.98.
FISCAL IMPACT
..lL Currently Budgeted (Account 113001301-50275) _ Requires additional appropriation _No Fiscal Impact
Resolution
Sparky the Fire Dog sole source documentation and quote for Robot and Costume
Quote 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 Life
Safety Trailer and Sparky the Fire Dog Robot are no
longer in service and beyond repair; and
WHEREAS, the loss of these educational aides has greatly reduced
the ability of the Regional Fire Department Grant
Partners to deliver their Fire Prevention Programs; and
WHEREAS, there are excess funds available through the 2009
Assistance to Firefighters Grant that could be utilized
for Fire Prevention purposes; and
WHEREAS, the Regional Fire Department Grant Partners have
applied for and have been granted authorization by FEMA
to 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) at
a cost of $4,477.00 for a cost of $19,299.50; and
WHEREAS, the acquisition of these educational tools will greatly
assist in restoring the Regional Fire Department Grant
Partner's ability to convey their Fire Life Safety
message; and
WHEREAS, the City of Newport's 20% match cost for the purchase
of the equipment will be $964.98. NOW THEREFORE BE IT
RESOLVED: that the City of Newport approves the purchase of the
aforementioned equipment, for a total price not to
exceed $19,299.50, and the Mayor is authorized to sign
the required documents for same on behalf of the City,
subject to favorable review by the City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
, Tltt' Leuder In Suyt'ty Education Products
SOLE SOURCE DOCUMENTATION
RolJotronlcs is the world's foremost promotional and eaubationid robot and costume manufacturer. At the
present, 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 Sparky
Costume'M and RObot. We continue to be the .I&ader in promotional and safety.ed'ubation robots and
costumes based on saleS and repulation. Our robots and costumes are dlstlnollve. beoause of their unique
Ind.uslrlal-gra(j!i construction, microprocessor-based functionality, durability, and because they are easlly
as realistic, life-like, attracliVil and friendly characters. No other similar products are
manufactured 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 Fire
Proteoli,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') Fax (801) 48Q-8241
LA"'"
Robotronics Proposal/Order Form
THIS IS A PROPOSAL OR AN ORDER; NOT AN INVOiCE ORDER NUMBER'
1610 WesU60ll Sprln8ll1lle, 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 #

ADDRESS:

DATE ORDER NEEDED:
QW ITEM II DESCRIPTION PRICE/ITEM TOl AL
OTHER:
1
i
1
1
1
1
1
1
1
1
:(00289
580061
580028,
41Q086
580077
450ioq
461010
580096
461001
451002
451004
451005
451006

Robot Voice Modifier
Vehicle Water
SafE\lY
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
$14,822.50
Recipients 0!fhe200fiStlmullls #ackape(undsare reqUired to tepMOn
12009 American Rel/lvestmentendRecoveryAcl); (for mOre InforineMn, m"lI.seMml Ilffp:IIWW1/<FeilemiRpMlnq:qov j. As aFederalCOnlractor,
RoPo/tonJIis/s reWifiliJioS;l!Pm!IAlfIporlIO Ihe faderal governmenl I(thlsorclerfs(linded:ln who/eorln partbylhe
trleepp!qprlalebrlx MldY/lf/hl${JpNhiiWInvolveS' 2009 AmerienMCOvery 8; Relnvesfment ildfunds,
c::::::J Yes,lhls purchaselsfundadln wllQIsoipMbytha2009 ARRA
t::I N.o, this purchi/sels notlunded by the tOd9AfiRA
Theundatsignedsccepts and 8glees 10 ell Ihe terms 8ndco/lditions Implied 8ndsteled, endlHaI the eb(JvelismiJ itern$8rebellli/Wdered al this tima.
Fo!li.l! olders ouWita (jfthecontlquous US, additional shlpplngcosls8pply. For (oreignorders, ell cosls lees, impt-rt
dlifli!$,laxes, end li.llolhe!chlJrges OIher than shipping Cosisare fhe respDnsibJlityofth.custom.r.
T
- })?;:'
- -
Tom,
Thanks foryanr inqnil'y,
Please see attached Z\i'VV515Smoke:Maker.
Zero Visibility MAX""
Premium-Quality,Ma:'Cimum-1)ensity Smoke Fluid
el'p.viSiihility l"ltiid
isac1eat,cblorless,bdorless, waterj)aseg,
Glycol fluid for Fire&Rescue Training
ndptherusesWherell'ltehse, endmhig,
..eople-friendlysmokeiSTeql1ired.
ZVVV515.ProdSheet
,pdf
The combinatipn oft1:reZVW5t5With Wireless Will work VERYwell
with Qur exclusive ZeroVisibilityMaxSmoke fluid.
$1,0'91 +$20 tna()]uneS,.....,........'" $4A44
x 4 Gal per case ",s6 Gallons: $1.848 +280 shipping'"
SubTotal.......,. , ,. , .,..,..,.., '" .$!\,572
;t.qtpiscol}ni YQtJ $A'V:F;".,.,.;., "...,..".o;.;, ,.,., "'($2,095)
NCi\1;.P;ri(l.e,']j:elivel.'eiC ,. ,. ,............ '" $4,477
Welookfbrw.ardtoearningyour business and. offer you a deeply
on qualitYeqllipmelltwithwireless QOIlt);'Ql.
SirtGel'ely:,
Douglas
Do,U,glasOlson, President
SmokeMakerDivision
An AmElricarr $afElty MHPCoJl1il.Qny
fIN #
IIfI
"Helping you serve your c6rnl'1'lurjity o.ettef"
513 Stewartgreet,SUitEl' c;.
To:
From:
Date:
Subject:
City ofNewport
Mayor Stephen C. Waluk & Membmf.!he City Council
Edward F. LavaUee, City Managerr j/
24-Hour Residential Sticker Parking Petition - School Street, Church Street to
Mary Street
Staff Presentation:
RECOMMENDATION:
The petition for 24-hour residential sticker parking is attached for the Council's consideration. The petition meets the
requirement of a minimum of 65% of the resident households; however, the Interdepartmental Traffic Connnittee does
not 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 received
requesting the implementation of residential sticker parking 24 hours a day. The petition was forwarded to the
Engineering Division of the Public Services Department for review. The Engineering Division has advised that the
number 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 does
not recommend the requested change to the existing residential parking restrictions based on the observations of the ITC
as listed therein.
FISCAL IMPACT
_ Currently Budgeted (Account ~ ) _ Requires additional appropriation l No Fiscal Impact
Ordinance
ITC Recommendation
Petition for Designation of 24-hour Residential Sticker Parking dated July 18, 20I I
Correspondence from Engineering Division advising that the 65% minimum requirement has been met
----
(if applicable)
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO 0 _
AN ORDINANCE IN AMENDMENT OF TITLE TEN OF THE CODIFIED
ORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF
1994, AS AMENDED, ENTITLED, "VEHICLES AND TRAFFIC."
SECTION 1. Chapter 10.32 of the Codified Ordinances of the
City of Newport, Revision of 1994, as amended, entitled
"Residential Parking Program," is hereby further amended
as follows:
10.32.110 Designated Residential Parking Streets.
A. The following streets are designated as
residential parking streets, daily, during the
hours of six p.m. to six a.m.:
DELETE: "School Street, Monday to (and
including) Friday (See Paragraph C)."
ADD IN LIEU THEREOF THE FOLLOWING:
"School Street,
Street, Monday
Paragraph C) ."
between
to (and
Mary Street and
including) Friday
Touro
(See
C. The followings streets
Residential parking,
hours a day.
shall be designated for
daily, twenty-four (24)
DELETE: "School Street, from six a.m. Saturday
until six a.m. Monday."
ADD IN LIEU THEREOF THE FOLLOWING:
"School Street, between Mary Street and Touro
Street, from six a.m. Saturday until six a.m.
Monday."
CITY OF NEWPORT
ORDINANCE
OF THE
COUNCIL
NO.
"':"(
ADD: "School Street, between Church Street and Mary
Street."
SECTION 2. This ordinance shall take
passage and all ordinances or parts
inconsistent herewith are hereby repealed.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
effect
of
upon its
ordinances
City Of Newport
Department of Public Services
280 Spring Street
Newport, RI 02840
MEMORANDUM
TO: Edward F. Lavallee
City Manager
FROM: Eric J. Earls, PE
City Engineer
DATE: November 30,2011
RE: ITC Review - School Street, from Church Street to Mary Street
24-hour Residential Sticker Parking Petition
School Street, from Church Street to Mary Street, 24-hour Residential Sticker Parking Petition,
reviewed at the ITC meeting of November 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 would
effectively be without any parking if the residential requirement were increased to
24-hour every day.
Based on these observations the ITC does not recommend revising the current residential
parking restrictions.
.. it I D>fl ,S ,.>
,/4 \1 \J(.,yk\\"]7
C,;,/ c-;cho c I
CITY OF NEWPORT, RHODE ISLAND \ .\_ "" .() L\C'J.... V., o"v,d
l()G'_ Ij"J i!..->.:.. ")
PETITION FOR DESIGNATION OF C'hucLh cnly
RESIDENTIAL PARKING STREET
Sc he eJ ( b(l.tvv'-LVI.. '')\0 o,.\"..d Chli'''{ h <;.j.
(Name of Street) ) .
Print Name

....,_.,._, .. _ ...._._._ _ _.. __ ' __ __ _._ .-----""'_".___ _._ _ .._ __ _._._.. _....c. .__ .. .. __
:3 c;q--
4.
(
-?;r., S
'I:('k!-4t--'
"-.....

'l fl--'J ,--,-,,J,v-=-.G.::::..:'-; t':.c->"Z-",S,,- -lL-
,.
11.
13.
14.
15.
16.
)( vi
s: !JA;uVl l..JJI-e6

74 </"

Mora{lo
lY/
(;
,
.......-. ..
-
.._--_.. ... . ' -...__.- ..'.-_._.. -.. ,.......... ._---.. __... _-_... _... . ....
... --". _..... .... . '.
., ... .-... ,.., .. -.-_._.........- .. -.. ... - ._- " .._- ..- -. ........
17.
18.
AFFIDAVIT
Note: To be filled in by person who secured the signatures on this
petition form and to be sworn to before a notary pUblic. Failure to do so
renders thisforrn null and void.
. I, . 15. ,of 1 4 ,;socit: C (:5:.,L1" uf ,
under oath make affidavit and say the signers of the within petition
did so sign the same in my presence.
:;'7#u4-':U );n '"t'1i-tzZ-'lf
20 II.
day of
-------
Nota ublic Signature I /
Commission expires: 1 1.( it
Subscribed and sworn to before me this
JIENNlffiR C.I'RATf
NotalY Public 10: 60976
My Commission Expires 91412011
.. ' Sc .
.:;;J4 H 1<",':>rhcY<2"l, \)CQXt<\'(l')
.f,,.., ":-S c It0 10 I ':"1-.
CITY OF NEWPORT, RHODE ISLAND "-iL'{) \V\C'Jr"'''\
PETITION FOR DES!GNATION OF
RESIDENTIAL PARKING STREET-'O-V l--{&<.-/ - (to-f
Pri.nt Name

-:\
q.
Ie
-.-. --.... - -----.---
LOCAi\ON : 8CHOOL, bl \y\J)(lYl )
DirtC q]w))
PETlTION S\\vN: i 5
--------------
\,It., Fj (}-J}j Si39f' L 9) 20 )j
'8JJt7Jl-.H32{1,) d-t
'

NAN""- /!MJ J).'OUlve;5S ,_ RT.. tv,\!.. \I.R lEi..
k E,LL\J 1 ~ j : : ; : : : Y , , "etr' \..'It ?J -I. /
I---------------------l---I----l--I----ji
Ir-------------+--+----I--I--II
2-
I
\

[
TO: Newport City Clerk
FROM: Marilyn McCarthy
49 School Street
DATE: June 19,2011

Ri:CEiVED
lUl 1 H2011
Cll:y Manager's Offk:1I

RE: Petition for Designation of Residential Parking Street
Petition for 24 Hour Restricted Parking for School Street between Church Street and Mary
Street.
There are twelve signatures for residents of School Street. There are two tenants, Selina Murallo
at 29 School and Susan Lutes at 40 School Street. Attached is a lease for Ms. Murallo and an
electric 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 himofthe
effort 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 property
is 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 the
request. Of 15 residents, we have II signatures. Two units at 41 School are not occupied at this
time.
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen Waluk & M.e m b e r ~ h e City Council
Edward F. Lavallee, City Manage V
December 2, 2011
Purchase and Sale (P&S) Agreement - Former Carey School Property
Paige 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 the
City-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, The
Planning & Development Department developed an RFP, conducted an appraisal, solicited proposals for the
redevelopment 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 best
addressed the criteria listed in the RFP and would best serve the interests of the City of Newport. The City
Administration was directed to [malize a Purchase and Sales Agreement for Council approval.
FISCAL IMPACT
_ Currently Budgeted (Account --') _ Requires additional appropriation _ No Fiscal Impact
Resolution
Purchase and Sale Agreement
----
(if applicable)
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 for
disposition and redevelopment, and
WHEREAS: the Planning and Development Department
developed and issued an RFP, met with developers, and
reviewed proposals, and
WHEREAS: the City Council reviewed the development
proposal submitted by Arch Street Development LLC, and
WHEREAS: the City Council directed the Administration
to finalize a Purchase and Sale (P&S) Agreement for their
review and approval, and NOW THEREFORE, BE IT
RESOLVED: the City of Newport approves the Purchase
and Sale (P&S) Agreement between Arch Street
Development LLC. and the City of Newport for the city-
owned property located at 32 Carey Street (Plat 40, Lot 15-
4), formerly known as the Carey School.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
" .'"
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and
entered into as ofthis ~ day of November, 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 Liability
Company authorized to do business in the State of Rhode Island with its principal place of
business 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 and
desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller;
NOW THEREFORE, in consideration of the premises and ofthe agreements and
covenants 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, upon
the terms and conditions hereinafter set forth, all of Seller's right, title and interest in that certain
real estate located at 32 Carey Street in the City and County of Newport, Rhode Island and
further designated as Lot 15-4 on Newport Tax Assessor's Plat 40 as presently constituted, being
the location known as Carey School, together with all Seller's right, title and interest in and to all
buildings, structures, fixtures and improvements situated on the aforesaid real estate (hereinafter
the aforesaid real estate and buildings, structures, fixtures and improvements collectively referred
to as the "Premises") and all easements, rights ofway, licenses, privileges and appurtenances, if
any, inuring to the benefit ofthe Premises.
SECTION 2 - Payment of Purchase Price
2.01 The purchase price to be paid by Buyer for the Premises shall be Seven Hundred
Thirty-five Thousand and 00/100 ($735,000.00), subject to the adjustments and prorations
hereinafter 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 this
Agreement 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 the
appeal period for any zoning relief required.
c) The balance ofthe Purchase Price in the amount of $695,750.00 shall be paid by
certified check, bank check or wire transfer at the Closing, hereinafter defined.
Notwithstanding the above, however, the amounts to be paid to Seller shall be
reduced by the net closing adjustments, if any.
2.03 The deposit shall be held in an interest bearing account in Newport, Rhode Island
under the control of the City of Newport and shall be duly accounted for as provided in this
Agreement. Notwithstanding anything to the contrary in this Agreement, except a) payment of
the 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 into
thirteen (13) residential condominium units, which includes but is not limited to the Buyer
obtaining 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 of
Newport and any and all other relief deemed necessary for the development of this project, as
shown 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 good
and sufficient Warranty Deed in statutory form (hereinafter referred to as the "Deed") conveying
good, marketable, record and insurable fee simple title, free and clear from all liens and
encumbrances whatsoever, excepting only: a) easements, encumbrances and restrictions ofrecord
reasonably acceptable to Buyer; b) provisions of existing building, zoning and subdivision laws;
and c) betterment and other assessments, which assessments shall be adjusted as hereinafter
provided (hereinafter collectively referred to as the "Permitted Encumbrances"). Buyer shall
obtain, at its sole expense, within forty-five (45) days of the date hereof, a commitment for title
insurance (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 fee
simple to the Premises, subject only to Permitted Encumbrances. Ifwritten objection to title is
made 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 by
Seller or waived by Buyer within forty-five (45) days after the date of receipt by Seller of written
notice of Buyer's objection to title as herein above provided, Buyer may tenninate this
Agreement without incurring any liability whatsoever, whereupon the Deposit shall be promptly
refunded and this Agreement shall be null and void and of no further force and effect. In the
event any lien is filed, or encumbrances, or any defect or cloud of title arises against the Premises
from and after the date ofthe Commitment through the Closing, Seller shall, at its sole cost and
expense, take appropriate action to ensure that any such lien, encumbrances of any defect or
cloud is released or satisfactorily discharged to insure that the title policy to be issued to Buyer at
the Closing shall be pursuant to the Commitment for the Premises and the Closing Date shall be
extended 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 oftitle 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 favorable
decision for the contingent zoning relief or ninety (90) days after signing of this Purchase and
Sale 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 an
additional deposit of $5,000.00, the closing date may be extended for an additional forty-five
. (45) days.
5.02 Effective with the delivery ofthe Deed, beneficial ownership and the risk ofloss of
the Premises shall pass from Seller to Buyer.
SECTION 6. Purchase Money Financing
This Agreement is subject to the ability ofthe 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 the
closing date as follows:
7.01 Electricity, gas and other utility charges for periods prior to the Closing Date shall be
paid by Seller upon readings (obtained by Seller and furnished at the Closing) made on or
immediately prior to the Closing Date; provided, however, that Buyer shall be responsible to
arrange for the transfer and continuance of such utility services in Buyer's name after the Closing
Date.
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 of
assessment to the date of closing and the Buyer paying or assuming the balance ofthe taxes,
provided, however, that Seller agrees that the proration shall be based upon an assessment not to
exceed what is being paid for the property and that the assessed value as ofDecember 31,2011
shall not exceed $735,000.00.
7.03 Any betterment or other assessments constituting a lien on the Premises which are
payable over a period ofmore than one year shall be apportioned in such manner that Seller shall
pay all installments due through the December 31Sl immediately preceding the Closing Date and
any such instalhnent due thereafter for the calendar year in which the Closing is held shall be
apportioned in the same manner as above provided for taxes and Buyer shall payor assume the
balance of all such assessments.
SECTION 8 - Access to Premises
Buyer or Buyer's agents or representatives shall have the right at all reasonable times to
enter upon the premises to inspect the premises as contemplated by this Agreement, and to enter
the premises for all other reasons necessary to consummate this Agreement, including compliance
with the State of Rhode Island Environmental Laws and Regulations, and for any reason
pertaining to the proposed development or financing ofthe Premises. Buyer hereby releases
Seller and its agents and agrees to indemnify and hold harmless Seller from any against any and
all claims, cost, liabilities and expenses which Seller incurs arising out of the entry upon the
Premises by the Buyer or its agents as contemplated by this Agreement. The provisions of this
Section 6 shall survive the Closing.
SECTION 9 - Default
If Buyer shall default in the performance ofBuyer's obligations hereunder, Seller shall
have the right to terminate this Agreement and retain the deposit and all interest eamed thereon as
liquidated damages or, in the alternative, to pursue specific performance of this Agreement.
If the Seller shall default in the performance ofthis agreement, the deposit and all interest
eamed thereon shall be promptly returned to the Buyer, and Buyer may pursue any and all
remedies 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 of
this 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 assume
responsibility for the full contents ofthe 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 transaction
and therefor no person who can claim a commission, finders fee or other compensation in
connection with the execution ofthis Agreement. Each party agrees to indemnifY the other on
account 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 now
exists on the Premises in the amount of $735,000.00. Seller agrees that the insurance shall be
kept in full force and effect until the Closing. Any loss or damage by fire or other casualty before
the Closing shall constitute grounds for rejection of title to the Property. In case of fire or other
casualty, however, Seller, upon closing shall allow Buyer, at Buyer's option, on account of the
purchase price any amonnt received by the Seller for the policies of fire insurance or shall pay
such amount to the Buyer. If, at the time of closing, payment for the loss has not been made by
the insurance company or companies insuring the Premises, Seller will assign to Buyer all policies
of fire or casualty insurance held by the Seller on the premises, together with all rights and claims
thereunder. In the event of casualty, the Purchase Price will be reduced by the amount of the
deductible 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 or
condemnation such that the remaining portion ofthe Premises cannot be used for Buyer's
intended use, Buyer shall have the right, exercisable by giving written notice of such decision to
Seller within twenty (20) days after receiving written notification from Seller of such taking, to
terminate this Agreement and thereupon the Deposit and any and all interest earned thereon, shall
be fully refunded to Buyer and this Agreement shall be null and void and the parties hereto shall
be 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 Buyer
of all condemnation awards paid or payable by reason of such condemnation not in excess of the
Purchase Price.
SECTION 14 - Successors and Assigns
This Agreement shall bind and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
SECTION 15 - Notices
In the event notice is deemed necessary or desirable under the provisions ofthis
Agreement, 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 ofthe
transaction.
Any notice provided to Seller shall be given to:
Joseph J. Nicholson, Jr, Esq.
City Solicitor
City Hall, 43 Broadway
Any notice provided to Buyer shall be given to:
Arch Street Development, LLC
Richard C. Relich and Colin P. O'Keeffe, Principals
112 Water Street, Suite 600
Boston, Massachusetts 02109
with a copy to:
Michael W. Miller, Esq. and Turner C. Scott, Esq.
Miller Scott & Holbrook
122 Touro Street
SECTION 16 - Miscellaneous
16.01 If either party institutes an action or proceeding against the other relating to the
provisions of this Agreement or any default hereunder, the unsuccessful party to such action or
proceeding 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 unenforceable
under any present or future law, the remainder ofthis Agreement shall not be affected thereby. It
is the intention ofthe parties that if any such provision is held to be illegal, invalid or
unenforceable, there will be added in lieu thereof a provision as similar in terms to such provision
as 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 whom
enforcement of the change, waiver, discharge or termination is sought, and then only to the extent
set 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 and
intended to be performed entirely in the State ofRhode Island and shall be construed and enforced
in accordance with the laws of the State ofRhode Island. In the event of any dispute under this
Agreement, including those provisions dealing with the escrow agent, the parties agree that the
State 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 the
same original. This document shall not be binding on or constitute evidence of a contract between
the parties until such time as a counterpart ofthis document has been executed by each party and a
copy thereof has been delivered to the other party to this Agreement.
16.06 This Agreement embodies and constitutes the entire understanding between the
parties 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 it
has in its possession.
16.08 If Seller is unable to convey title to the Premises in good faith, Buyer may elect to
accept such title as Seller is able to convey without reduction to the Purchase Price or rescind the
Agreement 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 follows
the deposit. The interest earned will be credited against the Purchase Price.
16.10 Each party agrees to provide corporate or other authorized resolutions, Certificates
of Good Standing, Encumbancy Certificates and any other matters which may reasonably be
requested by a title insurance company or lender, including without limitation certificates of
release of corporate or other tax liens which could encumber the Premises.
INWITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their authorized representatives who have hereunto set this hands and seals all as of
the day and date first above written.
In the Presence of:
Seller
The City of Newport
by: =-:c----------
Title
Buyer
Arch Street Development, LLC
;'
by: :r---
Title .{ "
Iv AA//k::"C
COUNTY OF NEWPORT
In Newport, on this day of November, 2011, before me personally appeared
_______________for the City ofNewport, a municipal corporation, to me
known and known by me to be the party executing the foregoing instrument on behalf of said City
of Newport and acknowledged said instrument and the execution thereof, to be his free act and
deed in said capacity and the free act and deed of the City of Newport,
Notary Public
My commission
STATE OF
COUNTY OF
flx";,,,,,-j At...
Inmtrthis :r:Z' day of November, 2011, before me personally appeared
i'l \1/\ . (, 1\f\f,l,y\Ct. of Arch Street Development, LLC, a limited liability
company, to me known and known b e to be the party executing the foregoing instrument on
behalf of said limited liability company and acknowledged said instrument and the execution
thereof, to be his free act and deed in said capacity and the free ac and e h aid limited/..-
J
liability company, (
r---\,
S=:2e,lJNWiSi 010 4-
Notary Public
COMMONWEALTH OF MASSACHUSETTS
My Commlnlon EKplres February 28, 2014
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M e m ~ o f the City Council
December 7, 2011
Broadway Streetscape Conceptual Design Endorsement
The Department of Public Services recommends official endorsement of the conceptual design improvement plans
associated 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 Ramp
Improvement project which resulted in Resolution 2011-064, official City Council endorsement of the project's
conceptual design is reqnired for state and federal participation to occur. The City Council recently approved the final
engineering phase of this project through resolution 2011-114; however, although approval of the concept appears to
include conceptual plan endorsement, it is not clearly denoted within the final resolution. Accordingly, staff
recommends fonnat endorsement of the project similar to resolution approved for the Pell Bridge project (2011-064.)
Resolution 2011-064
Resolution 2011-114
FISCAL IMPACT
__ Currently Budgeted (Account ~ ) __Requires additional appropriation L No fiscal impact
Resolution
Project plans
----
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No ..
WHEREAS: The City of Newport recognizes the need to
provide safety enhancements to the city rights-of-way for
the general health, safety and welfare its citizens; and
WHEREAS: The City of Newport has been engaged in
collaborative efforts with the Rhode Island Department of
Transportation (RIDOT) for purposes of funding both the
design and construction of streetscape improvements to
Broadway between Bliss Road and Farewell Street; and
WHEREAS: The RIDOT requires official endorsement of
the project for purposes of utilizing state and federal
construction funding for the project.
NOW THEREFORE, BE IT RESOLVED: That the Newport
City Council endorses the Broadway Streetscape project's
conceptual design improvements, and directs City
Administration to draft a letter of support to RIDOT stating
its endorsement thereof.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Docket Date: December 14,2011
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Walnk & City Members
30 November 2011 'f;-
Gutter Replacement Project Harbor Center (Newport Armory)
The Department of Public Services recommends approval of contract 12-024, to Alhambra Building Company, Inc., in
the amount of $78,800.00 to furnish and install new copper gUllers, downspouts and flashing for the Harbor Center
Drill Hall (Newport Armory).
Work on the transient boater facility had been temporarily silspended resultant of drainage issues discovered upon
demolition and excavation of the beach level. Subsequent to the findings and recommendations of the engineer
contracted to determine root causes and to develop solutions to drainage concerns at the Harbor Center, the engineer's
analysis identified that the lack of functioning gullers significantly contributes to stormwater infiltration into the
basement of the Harbor Center. In order to mitigate this, City staff prepared a bid package for the replacement of the
associated gUllers, downspouts and flashing associated with the rooftop drainage system. This new installation will
correct the existing condition and will prevent rainwater from spilling directly from the roof, infiltrating below the
foundation and seeping into the basement level of the armory. The funding necessary to cover this work is included in
the 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)
Resolution
Bid Tabulation
Corporate Info
Contract
----
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
WHEREAS: The Newport City Council approved the
Design-Build Public Boating Visitor Center; and
WHEREAS: The city administration received
recommendations from a civil engineer regarding on site
stormwater infiltration and management; and
WHEREAS: The city administration has received pre-
approval from RIDEM allowing the installation of drill hall
gutters as a reimbursable boating grant expense; and
WHEREAS: The lowest most qualified bidder is
Alhambra Building Company of Warwick, RI, to furnish
and install new copper gutters, downspouts and flashing.
NOW THEREFORE, BE IT RESOLVED: The Newport City
Council hereby approves Contract 12-024, associated with
the Harbor Center Gutter Replacement Project, with
Alhambra Building Company of Warwick, RI in the amount
of $78,800 and authorizes the Mayor to sign said contract
on behalf of the City, subject to favorable review by the
City Solicitor.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
THE CITY OF NEWPORT, RHODE ISLAND - AMERICA'S FIRST RESORT
Department of Planning and Development
FIRM PRICE NOTES
Alhambra Building $78,800 New flashing at drill hall
Company and head house.
Gibson Technologies, LLC $79,500 New flashing at drill hall
and head house.
Damon Company $81,180 New flashing at drill hall
and head house.
Alpha Construction $80,967 Repair flashing at drill hall
Company and head house.
Superior Construction $95,616 Repair flashing at drill hall
Group and head house.
Iron Construction Group, $166,00 Repair flashing at drill hall
LLC 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, Y0!lt Corporlltiq!" or Pr!",p,IRals,QfVll\lr "'l.;C, can \lot bl! dpne
'
Bllil!ling COl\lpjlnY,
. Complete COl)1pany Name
'0 Name
, NalliS

Nama ','
,
:jrresidcutf&:)i;O
tltlejb(flcerjP6$ftlilij
. Tltle/Offlcer/Posll1on

i1t1e/Offjcer/Posltlon
.',
TItle/Officer/Position
TltlejOfflcer/Posllion
ALHAMBBA
ii i) IU,ll i:l'\'\l:;\l']\'
October 28, 2011
City Of NewpOIt
Purchasins.Divisiou
43 Broadway
NewpQlt, R! 02840
Re,,"Armory Gutter project # 12-024"
Peal'Andrew,
W applwia,te the opportunity t,9supmit our proposal for consideration to provide construotion services
for the restoration. and construction ofthe Harpor Cenlel'Cutler$ Repairs. We aoknowledsp the criteria
outlined in the notice to bidders.
In reviewingthe notice to # 12-016 ]veal'e pleaoed to offer you With QUI' bid cost of
$78,800. Written: Sevenly.Eight'!'housand Eight Hll11dred,
find our understanding of the scope of work, detailed illustrations to support our
understanding of thisproiect. We appreciate the oppOltunity ill providing you this proposal. Should you
haw any questions we would .I:>e more than happy to discuss them with you.
CITY OF NEWPORT
Contract
Harbor Center (Armory)
Gutter Project
Bid # 12-024
CITY OF NEWPORT
Contract
Harbor Center (Armory)
Gutter Project
Bid # 12-024
Department 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 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.
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 # 12-024 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 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.
City Hall, 43 Broadway, Newport, RI, 02840
21 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 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.
(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
21 November 2011
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 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.
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,
21 November 2011
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 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;
(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
21 November 2011
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 15
th
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 31
st
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
21 November 2011
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;
21 November 2011
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
21 November 2011
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
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:
21 November 2011
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 CONTROL
Not Applicable to this project.
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:
21 November 2011
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.
21 November 2011
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.
21 November 2011
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 - 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, 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 THECONTRACTOR
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 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
21 November 2011
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, 02840
21 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.
21 November 2011
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 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;
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
21 November 2011
16
401.845.5472 (fax 401.846.1121)
Departlnent 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
21 November 2011
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 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 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 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
21 November 2011
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, N e w p o r t ~ RI, 02840
21 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 - 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
21 November 2011
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 November 2011
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 Ucoverage 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:
21 November 2011
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
21 November 2011
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 - 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 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.
ARTICLE 29 - SUCCESSORS AND ASSIGNEES
Each party binds itself, its successors, assignees, executors, administrators, or other
representatives to the other party hereto and to successors, assigns executors,
21 November 2011
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.; Esq
City Solicitor
21 November 2011
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 # 4933/11
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & M e m ~ e of the City Conncil
Edward F. Lavallee, City Manage __-
December 7,2011 '-'
Transfer of Funds-Amendment to Roadway Improvement Contract-Waites Wharf
The Department of Public Services recommends amending the existing contract with Narragansett Improvement. Co. in
the amount of $20,316.32 by transferring unexpended funds from the completed 20II chip seal program to the 2011
resurfacing program for purposes of completing roadway repairs in anticipation of the America's Cup and Tall Ship
events in 2012.
Waites Wharf is a targeted location/venue for the proposed Tall Ship event to be held in the City of Newport in early
July 2012. Due to its existing condition, roadway repairs were found to be necessary; however, it was determined that
National Grid would need to install a new gas main to perform the work. National Grid's cooperation in advancing this
work along with favorable weather conditions has allowed an adequate window to complete the work prior to the shut
down of the construction season. Although adequate funds were not available in the existing roadway improvement
contract account to complete the entire roadway, unused appropriated funds remain in the City's chip seal program
account 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
Resolution
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
City Council approves amending the existing contract (#
with Narragansett Improvement Co. for roadway
improvements in the amount of $20,316.32 for a new
contract not to exceed total of $1,042,522.67 thru the
transfer of unused funds from PO 19199 to PO 19404 for
purposes of completing road repairs to Waites Wharf in
anticipation of 2012 events.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
Mayor Stephen C. Walnk & M e m b ~ f the City Conncil
Edward F. Lavallee, City Manager
December 7, 2011 .
Supplemental Agreement - Bid # II-OS8-Historic Paviug Program-Additional
Sidewalk Improvement Locations
RECOMMENDATION:
The Department of Public Services recommends approval of a supplemental contract agreement in accordance with
Section 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 unit
prices previously approved by the City Council in Resolution 2011-059.
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 Services
recommend using the current Washington Square contract to complete repairs in these other areas. The benefits of this
agreement are that it will allow the City to use volume pricing for the specialized bluestone work from a contractor that
has 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 City
of 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 expiration
date. The current contract expires on December 31, 20 II. Under the conditions of the award of the existing contract, the
City 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 existing
contract to the end of the 2012 calendar year while, thus allowing the City to extend the approved pricing of the original
contract of the Historic Paving Program - Washington Square Phase 3 to other areas within the City. The supplemental
agreement would increase the current contract by a value not to exceed $160,000, plus an additional $15,000 for police
details. The locations of these bluestone sidewalk improvements are provided below:
Bellevue Avenue, Redwood Street to Old Beach Road (in front of Redwood 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 of Public Services has noted their work quality, ethic, and
professionalism and developed an excellent working relationship with this contractor which has allowed the City to
advance the objective of improving our City's sidewalk network in an orderly and professional manner. The City has
received many compliments regarding this contractor for both this sidewalk contract and their work on the Washington
Square project from the residents of our community with respect to the contractor's work quality and professional
demeanor. Extending this contract by supplemental agreement will be extremely beneficial to the City's overall sidewalk
improvement program.
The work will begin in Spring 2012, as soon as weather allows which allows for completion prior to America's Cup
Races and Tall Ships events.
Resolution 2011-059
FISCAL IMPACT
----X- Currently Budgeted (Account 11-400-01450-50225) _ Requires additional appropriation _ No Fiscal Impact
Resolution
Supplemental Agreement
----
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
.I
OF THE
COUNCIL
No .
WHEREAS: The Newport City Council approved Contract No.
11-058 for Historic Paving Program - Washington Square
Phase 3, in partnership with the Rhode Island Department
of Transportation (RIDOT), via Resolution 2011-059,
dated April 13, 2011; and
WHEREAS: The Department of Public Services recommends
extending the existing contract prices via a
supplemental agreement per Section XI of the existing
contract in order to efficiently advance the objectives
of the city's infrastructure improvement program.
NOW, THEREFORE, BE IT RESOLVED: that the City Council
authorizes an increase to the existing contract in the
amount of $160,000 for a new not to exceed total of
$1,182,200 under the existing contract 11-058 with
Manuel R. Pavao Contractors Incorporated and extends the
performance date to June 30, 2012 plus an additional
$15,000 for police details.
AND BE IT FURTHER RESOLVED: That the Mayor is
authorized to sign on behalf of the City a supplemental
agreement, upon favorable review by the City Solicitor's
Office with Manuel R. Pavao Contractors Incorporated, of
Rehoboth, MA in order to incorporate additional work
locations and associated funds to the existing contract.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
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 accordance
with Section XI, SUPPLEMENTAL AGREEMENTS, of said contract 11-058 in order to extend
unit prices per the existing contract in order to perform additional sidewalk improvements within
the City of Newport per all existing contract language as contained within Contract 11-058 as
dated March 31, 2011. The associated dollar amount of the additional sidewalk improvements
shall 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 their
duly constituted officers, attested, and sealed pursuant to proper resolutions.
By:
Party ofthe First Part (Signature)
Witness
Witness
Approved as to form by:
By;
Stephen C. Waluk, Mayor, City of Newport
Party ofthe Second Part (Signature)
Printed Name and Title
THE CITY OF NEWPORT
RESOLUTION
OF THE
. '. -," ".,;, ... :.,"" .... : .
COUNCIL
No...
' .....
WHEREAS: The City of Newport, in.partnership with the
Rhode Island Department of Transportation (RIDOT), has
solicited and received construction bids associated
with the Washington Square Phase 3 Construction
Project; and
WHEREAS: The State of Rhode Island, through the RIDOT
Enhancement Funding Program, has provided funding for
this project; and
WHEREAS: The City of Newport's Department of Public
Services has reviewed the bids and has recommended
award 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 to
exceed total of $1,022
4
200.00, plus an additional
$124,800.00 for police details.
NOW THEREFORE BE IT RESOLVED: that the bid of Manuel
R. Pavao Contractor, Incorporated, of Rehoboth, MA, is
hereby accepted at a total not to exceed cost of
$1,022,200.00 and the Mayor is authorized to sign said
contract on behalf of the City, sUbject to favorable
review by the City Solicitor and the total project
cost, including $124,800.00 for police detail expense,
in the amount of $1,147,000.00 is hereby approved.
IN COUNCIL
READ AND PASSED
,
M.
City Clerk
City of Newport
To:
From:
Date:
Subject:
Staff Preseutation:
Mayor Stephen C. Waluk & M e ~ / , ~ ~ , ! : , ! h e City Council
Edward F. Lavallee, City Manag r
December 7, 2011
Supplemental Agreement - Bid # 11-034 - 2011 Sidewalk Restoration
RECOMMENDATION:
The Department of Pnblic Services recommends approval of a supplemental contract agreemeut in accordance with
Sectiou XI of the subject coutract in order to perfonn further 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 unit
prices previously approved by the Newport City Council in Resolution 2011-028,
In accordance with the existing contract #11-034, in particular, Section XI, Supplemental Agreements, page 30, the City
of 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, The
current contract expires on October 31, 2011. Under the conditions of the award of the existing contract, the City
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 existing contract to
coincide with the front end of the 2012 construction season while allowing the City of Newport to extend the sidewalk
improvement program for the 2012 construction season at the approved pricing of the original contract. The
supplemental 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 work
quality, ethic, and professionalism and developed an excellent working relationship with this contractor which has
allowed the City to advance the objective of improving our City's sidewalk network in an orderly and professional
manner with zero claims or change orders during the process, The City has received many compliments regarding this
contractor for both this sidewalk contract and their work on the Washington Square project from the residents of our
community with respect to the contractor's work quality and professional demeanor. Parvao perfonned the 2011 contract
work 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 sidewalk
improvement program as well as the public's perceptiou of the City as it prepares for the America's Cup Races and Tall
Ships events of2012,
Resolution 2011-028
FISCAL IMPACT
-LCurrently Budgeted (Account 11-400-01450-50225) _ Requires additional appropriation _ No Fiscal Impact
SUPPORTINGDOCUMENTS
Resolution
Sidewalk Locations
Supplemental 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 recommends
extending the existing contract prices via a
supplemental agreement per Section XI of the existing
contract in order to efficiently advance the objectives
of the city's infrastructure improvement program.
NOW, THEREFORE, BE IT RESOLVED: that the City council
authorizes an increase to the existing contract in the
amount of $200,000 for a new not to exceed total of
$434,821 under the existing contract 11-034 with Manuel
R. Pavao Contractors Incorporated and extends the
performance date to June 21, 2012 plus an additional
$20,000 for police details.
AND BE IT FURTHER RESOLVED: That the Mayor is
authorized to sign on behalf of the City a supplemental
agreement, upon favorable review by the City Solicitor's
Office with Manuel R. Pavao Contractors Incorporated, of
Rehoboth, MA in order to incorporate additional work
locations and associated funds to the existing contract.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
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 accordance
with Section XI, SUPPLEMENTAL AGREEMENTS, of said contract 11-034 in order to extend
unit prices per the existing contract in order to perform additional sidewalk improvements within
the City of Newport per all existing contract language as contained within Contract 11-034 as
dated January 26, 2011. The associated dollar amount of the additional sidewalk improvements
shall not exceed two hundred thousand dollars ($200,000.00.)
IN WITNESS HEREOF, the said parties hereto have caused this instrument to be signed by their
duly 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 ofthe Second Part (Signature)
Printed Name and Title
2012 Sidewalk Improvement Locations
Location Limit 1 Limit 2 Side
Spring Street Pope Street Howard Street W
Spring Street Howard Street Young Street W
Thames Street Dean Street Lee Street E
Thames Street Lee Street McAllister Street E
Greene Lane Broadway End N/S
Carroll Avenue Thames Street Bateman Avenue E/W
Wellington Avenue Thames Street Treatment Plant N
Gibbs Avenue Memorial Boulevard Old Beach Road E
Canonicus Avenue Broadway Apthorp Avenue S
Marchant Street Harrison Avenue Atlantic Street W
Atlantic Street Carroll Avenue Houston Avenue . N/S
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No. .~ ~ . n ~ ~ ~ . ~ ....
WHEREAS: The Director of Public services requested
sealed bids for Sidewalk Restoration, Bid #11-034 with
bids 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 as
follows:
1 Furnish & Inatall 4" Bituminous Concrete Pavement
2 Furniah & Install 5
11
Portland Cement Concrete sidewalk
3 Furnish & Install 6
11
Portland Cement Concrete Sidewalk
4 Furnish &Install Class B Portland Cement Concrete
5 Furniah &: Install Stone Dust Tree Well
6 Remove & Reset Bxisting Curb
7 Remove & Stockpile Existing Curb
8 Furnish &Inatall New Granite Curbing
9 Furnish &: Install Catch Basin Roof and Inlet Stone
10 RemOve &: Reset Brick Sidewalk .
11 Polioe Details
12 Modify Catch Basin
13 Remove & Reset Frames and Covers/Grates
14 Remove & Reset Service Boxes
15 Furnish & Install New Service Boxes
16 Furnish & Install Deteotable Warning System
17 Furnish & Install 4 II Loam and Seed
18 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 bid
of Manuel R. Pavao. Contractor, Incorporated, is hereby
accepted at a total NTE cost of $234,821 and the Mayor
is authorized to sign said contract on behalf of the
City, subject to favorable review by the City Solicitor
and the total project cost, including $8,000 for Police
Detail expense, in the amount of $242,821.00 is hereby
approved.
IN COUNCIL
READ AND PASSED
February 23, 2011
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
Mayor Stephen C. Walnk & Memi;fpfthe City Council
December I, 2011
Waste Management Transfer Station Use Agreement
William R. Riccio, Jr., PE, Director of Public Services
RECOMMENDATION:
The Department of Public Services recommends approval of an 18 month Waste Transfer Station Use Agreement with
Waste 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. The
purpose of this agreement is to establish a set of guidelines for residents to deliver household refuse, bulky waste and
appliances as well as recyclables and yard waste to the transfer station. Waste Management receives, loads and transfers
the 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, twice
per fiscal year, free of charge. The Residential property owners show a water or tax bill to show proof of residential
property ownership to the transfer station attendant. The transfer station attendant keeps track of usage by using a tax roll
spreadsheet provided by the Tax Assessor's office. Residential property owners must also provide a driver's license or
legal proof of identity. The fee for this service to the City will remain at $15.00 per ton until June 30, 2012 and increase
to $25.00 per ton from July I, 2012 until June 30, 2013 under the agreement. The current rate of $15.00 has been in
place 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 cost
of $1,996.50. Based on this data, the estimated program cost will be approximately $3,000.00 in FYI2 and $5,500.00 in
FY13, due to the increased rate of$25/ton.
Newport property owners and residents find benefit in the transfer station program, despite the current extensive
curbside collection program. This prograru is utilized during yard cleanups where residents might have more bags than
allotted in one week, when they are moving and throwing away a large amount of material, cleaning out their basement
or 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. The
current tip fee for trash and construction debris is $138.00 per ton with a minimum load weight of 1,000lbs, which
equates 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 that
cannot recycle through the residential prograru and to the many people that move to Newport and have large amounts of
cardboard and packing paper to recycle.
Resolution 2003-189
FISCAL IMPACT
.1LCurrently Budgeted (Account 11-400-1550-50256)
Resolution
Waste Transfer Station Use Agreement
Resolution 2003-189
Requires additional appropriation No Fiscal Impact
Finance Dept Review: Date By: _
(if applicable)
THE CITY OF NEWPORT
RESOLUTION
OF THE
COUNCIL
No .
City Council approves the agreement by and between
Waste Management and the City of Newport to provide the
following services for the period from January 1, 2012
through June 30, 2013 and authorizes the Mayor to sign
said agreement upon review and approval of the city
solicitor:
Use of the Waste Management North Halsey Street
waste transfer station by Newport residents with the cost
of two (2) five hundred (500) pound loads per year to be
paid for by the City of Newport.
Use of the Waste Management North Halsey Street
waste transfer station by Newport residents at a 30
percent discounted rate for all loads above the two loads
paid for through the City funded program.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
",'''".
THE CITY OF NEWPORT
RESOLUTION
OFTBE
COUNCIL
No, . ,9
-in
; .
RE:SOLVED: that the Mayor be authorized to sign the
between the City of Newport and Waste
Management of Rhode Island Inc. to provide the
following services for the period of December
1, 2003 through September 30, 2006, upon
review of the City Solicitor's Office:
Use of the Company's North Halsey street
waste transfer station by Newport residents
with the cost of two (21 five hundred (500
lb.) pound loads per year to be paid for by
the City of Newport.
Use of the Company's North HalSey Street
waste transfer station by Newport residents
at a thirty (30%) percent discounted rate
for all loads brought to the. transfer
station by residents, in addition to the
loads paid for through the City funded
program.
IN COUNCIL
READ AND pASSED

Kath eenM: silvia
City Clerk
WASTE TRANSFER STATION USE AGREEMENT
THIS WASTE TRANSFER STAnON USE AGREEMENT is made and
Entered into this day of ,2011 between the City of Newport,
Rhode Island (the "City") and Waste Management of Rhode Island Inc. a
Corporation organized and existing under the laws of the State of Delaware and
Authorized 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 the
Receipt, loading and transfer of waste and recyclable materials for City residents at
A facility located within the city limits, under the terms of this Agreement.
NOW, THEREFORE, in consideration ofthe mutual covenants herein continued
The 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 itself
With the general layout ofthe City and the state and local conditions affecting its
Ability to perform its obligations under this Agreement.
Section 2. Scope of Services:
The Company shall provide the following solid waste transfer and collection and
Removal services:
TRANSFER STATION USE BY NEWPORT RESIDENTS:
The Company will allow Newport residents authorized by the City to deliver
Household refuse, household bulky waste and appliances, residential yard Waste
Andlor recyclable materials to its Halsey Street transfer station in quantities
Determined by the City. The Company will receive, load and transfer the
Acceptable waste and/or recyclables to the Rhode Island Resource Recovery
Corporation 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 the
Rates listed in Section 18. The Company shall maintain a log of residents using
This service. Said log shall include the date of delivery, name and address ofthe
Resident or property owner, verification that identification was presented, weight
And type ofmaterial(s) delivered, and the ticket number from the City authorized
Ticket issued to the resident. Said log will be submitted to the City on a weekly
Basis. The City shall designate in writing the maximum weight of material to be
Accepted from a resident bearing the City issued ticket.
Residents shall also be required to present a valid driver's license showing their
I
Current Newport address. Property owners, who do not reside in Newport, must
Show a valid driver's license and a copy of their most recent tax bill showing their
Name as the owner ofthe 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 be
Financially obligated under this Agreement, at a discounted rate as described in
Section 19.
Section 3. General Provisions Governing Services.
Acceptance and transfer ofhousehold refuse, household bulky waste and
Appliances, residential yard waste and recyclable materials by Newport residents
Under this Agreement shall be conducted by the Company under the supervision
Of the Director of Public Services of the City and shall be carried out in accordance
With current city ordinances and regulations.
The Company's transfer station will be available for use by City residents under
this agreement during the hours that the transfer station is open for use by the
Company's commercial customers.
Notwithstanding the foregoing, the Company shall be relieved of any
responsibility and/or liability as a result ofthe supervisory services ofthe Director
Of Public Services. The Company shall be deemed an independent contractor for all
Purposes under this Agreement.
Solid waste, bulky waste, appliances, recyclable materials and yard waste of
Industries or non-authorized commercial establishments shall not be accepted by the Company
Under the terms ofthis Agreement. Debris from remodeling, construction or
Demolition projects performed by private contractors shall not be accepted by the
Company under this Agreement. Under no circumstances shall commercial waste
Be collected under this Agreement. Should the Company suspect that materials
Brought into the transfer station by a resident under this Agreement is commercial
Waste the City will be contacted so that a City official may investigate and
Officially notify the person(s) requesting the service or the Company that the
Material is deemed inappropriate under the provision's of this Agreement or in
Violation of City Ordinance.
In the event the Company damages property of any of the residents of the City or
Of property 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 the
Repairs to said property or restore said damaged property to its original condition
Before the damage. If the Company fails to make such adjustments, the cost of
Same shall be deducted from the first payment due to the Company from and after
The date of the damage.
The company shall not be required to operate on days when ice and/or snow
Conditions 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 must
Mutually agree upon these conditions. If it is determined that operations will be
Suspended for that day, the Company will inform the local news media as soon as
Possible.
The primary disposal site for the majority of wastes to be collected under this
Agreement will be the Rhode Island Resource Recovery Corporation site in
Johnston, Rhode Island. Should an alternate site be selected for the primary
Disposal site or for other selected materials that are closer to the City than
Johnston, Rhode Island a lower hauling cost will be negotiated between the City
And the Company.
The Company shall obtain and maintain all required manifests, invoices, logs,
Records, etc for at least a period ofthree (3) years following the termination of the
Agreement (or longer period prescribed by law). The Company shall also supply
The City with copies or originals or copies of documents shall not relieve the
Company of its record keeping responsibility.
Section 4 Missed Collections and Customer Relations
If at any time, the Company refuses or neglects to accept refuse, household
Appliances, residential yard waste and/or recyclable materials in accordance with
The terms of this Agreement, then in that event the City may declare this
Agreement terminated and at end.
However, the Company shall not be held responsible, if its non-compliance is
Due solely to fire, or an Act of God.
The City reserves the right to withhold payment either temporarily or permanently
Until issues of non-compliance with regard to collection, until such issues are
Resolved to the satisfaction ofthe City.
Section 5 Equipment Requirements:
General: The Company shall provide and maintain during the entire period of
This Agreement, equipment sufficient in number and capacity to perform the work
And render the service required by this Agreement. The equipment must contain
Solid 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 during
Its 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 avoid
Property damage to residents' vehicles as a result of loose debris and nails
Appearance and Cleanliness: the City shall approve all equipment used by the
Company. Equipment must be washed and painted frequently enough to maintain
A positive public image and minimize complaints from residents.
Safety and Maintenance: All equipment must be maintained and operated by the
Company in compliance with all local, state, and federal statues, ordinances and
Regulations and the Company shall assume responsibility for the safety ofthe
3
Company's employees and users of its transfer station. A maintenance log must
Be kept and be available to the City on request. The Company shall assess a fee
Of fifteen dollars ($15) on any load brought to the transfer station, which is not
Covered and secured.
The Company shall make every effort to insure that offensive odors at its transfer
Station facility are controlled.
Licensing and Inspection: The Company shall obtain and maintain all applicable
Licenses and permits and have all equipment inspected by the City prior to
Commencement of service and on an armual basis. All such licenses and permits
Shall be paid for the maintained by the Company continuously for the term of this
Agreement.
The Company shall provide the City's Director of Public Services with a list of
Equipment used in performance of this Agreement. The Company shall employ
The equipment listed or substantial equivalent approved by the City's Clean City
Program Office. This list will be kept on file with the Company and with the
City's clean City Program Office and will be updated by the Company should
Any changes made as they occur to the original list.
All collection and transfer vehicles will be approved for use at the Rhode Island
Resource Recovery Corporation or other City designated disposal site. The
Company shall have all vehicles certified for use at the City's designated disposal
Site(s) should it be a requirement of the disposal site.
Scale calibration: Scales to be used under this Agreement shall be calibrated and
Certified by the State of Rhode Island and certification documents will be provided to the
City within five days of receipt.
Weighing of vehicles:
Company vehicles: The Company shall establish the tare weight of each of the
Company's transfer vehicles used under this Agreement. This will be done on
Certified 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 its
fuel capacity, the containers that will be used for transfer, and the driver who
normally drives the vehicle. .
Residents' vehicles: The Company shall weigh each vehicle load of material
Which is brought in to the transfer station by a resident as part of this Agreement
And submit scales receipt to the City on a weekly basis. Weighing will be
Conducted so as to permit separate determination of the weight of each type of
Material to be disposed of. All weighing records must be kept by the Company
And 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 improperly
Or charging incorrect amounts based on the actual tonnage, the City shall be
Permitted to terminate the contract and/or take other corrective measures at the
City's sole option, such action by the City shall not constitute a waiver of any
Other right or remedy the City may have.
4
Section 6. Personnel Requirements:
EmployeeTraining: The Company shall train all personnel with responsibilities
Under this agreement and pertinent requirements specified in City ordinance and
The conditions of this Agreement, before the Company allows the employee to
Perform any work under this Agreement.
Compliance With Applicable Ordinances and Laws: the Company shall
Comply with all applicable federal, state and local laws, ordinances, rules and
Regulations pertaining to employees and employment.
Section 7. Company Requirements.
Records and Reports: The Company shall maintain records and reports required
By 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 weekly
Basis. Company shall also promptly respond to requests related to record and
Reports, which are directly pertinent to this Agreement and shall provide such
Information as may be required by the State to fulfill reimbursement requests.
Meetings and Project Coordination: As scheduled by the City or at the
Company's request, the Company and a representative of the City will meet to
Discuss contract service status or special projects as needed, as often as once a
Month.
News Releases: New releases pertaining to this Agreement or the services to
Which it relates will not be made by the Company without prior approval by, and
Then only in coordination with the City.
Replacement of Qualified Managers: The Company shall maintain at all times
In its employment qualified manager(s). Should a qualified manager terminate
Employment with the Company and if no other qualified employee is then
Employed by the Company to supervise the work under this Agreement, the
Company shall hire, within fifteen (15) business days of said termination, a
Qualified manager.
Section 8. Additional Company Requirements: No subcontract
Violations and liquidated damages:
Company's Office and Representative: The customer service phone number for
This Agreement shall be the same phone number used by the Company under the
Conditions ofthe Solid Waste Master Agreement. The Company shall maintain a
Listed Newport telephone number and shall furnish a responsible representative
(exclusive of an answering machine) to answer calls
between 8am and 5pm., Monday through Friday, to receive and adjust
complaints and reports of deficiencies from residents and the City's Director of
Public Services or his/her authorized representative. The Company's representative
Shall be authorized to provide sufficient personnel and/or equipment to correct
5
Deficiencies in accordance with the provisions of this Agreement. Instructions
Given by the Director of Public Services or his/her authorized representative to the
Company's designated officer, representative, foreman, head workman or his
Office secretary, shall be considered as having been given to the Company.
Adequate and competent supervision shall be provided at all times, for all work
Done by the Company's employees to assure performance and accomplishment in
Strict accordance with the provisions ofthis Agreement. Supervisory tasks shall
Include but not be restricted to the following:
(a) To provide adequate labor force including immediate replacements for
Personnel dismissed for cause or leaving employment oftheir own violation.
(b) To train personnel properly on performing work in accordance with tasks and
Methods 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 the
Protection of City residents and themselves.
Performance by Company-No Subcontract: The Company shall not assign this
Agreement or sublet or sub-contract any of the work encompassed by this
Agreement, other than the transport of materials from the transfer station to Johnston, in whole
or in part without prior formal written approval ofthe Newport City Council.
Contract Violations: The City shall notifY the Company of each complaint or
Violation of this Agreement. It shall be the duty of the Company to take whatever
Steps necessary to remedy the cause of such complaint or violation.
Remedies: In the event this Agreement is terminated for "cause", or for other
Actions 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 the
Company, the sole obligation of the City shall be to pay the Company for service
Satisfactorily performed to the date of termination.
Section 9: Indemnification:
The Company shall hold harmless, defend, and indemnifY the City and its
Officers, agents and employees against all claims, demands and actions, suits,
Actions, proceedings, liabilities, losses, damages, fines, penalties and expenses of
Every character whatsoever (including all attorneys fees and costs), including, but
Not limited to, liability for pollution, environmental or natural resource damage or
Restoration, nuisance, hazardous waste liability, bodily injury, sickness and/or
Disease, including death, and loss of or damage to property, which may arise out
Ofthe 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 or
Companies licensed to do business in the State of Rhode Island and acceptable to
The city, authorized to write casualty insurance in the State of Rhode Island and all
Policies or certificates shall be submitted to the City for examination prior to
Commencement of operations by the Company. In the event any policy or
Certificate, the amount ofthe insurance, or the company writing same are not
Satisfactory to the City, the Company shall secure other policies in the form and
Amount and with a company satisfactory to the City. The Company shall not
Permit policies to be changed, canceled, or to lapse and all policies shall include a
Clause to the effect that the policy shall not be subject to cancellation or a
Reduction in the limits of liability or amounts of insurances until notice has been
Sent by certified 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 ofthe insurer evidencing in
Particular those insured, the extent ofthe insurance, the location and operations to
Which the insurance applies, the expiration date and the above-mentioned notice
Of cancellation clause and including the City as additional insured as to the
Operations involved.
If any part of the contract is assigned or subcontracted, but only pursuant to the
City's written authorization, the same insurance shall be provided by or in behalf
Ofthe subcontractors to cover their operations. The Company shall be charged
With the responsibility for insurance protection for all its subcontract operations
And should the Company's policies 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 commencement of subcontract
Operations.
B. WORKER'S COMPENSATION: The Company shall obtain workers
Compensation insurance coverage for all of its workers, employees and
Subcontractors whether as a carrier-insured employer or a self-insured employer, as
Provided by the laws of the State of Rhode Island. The Company shall maintain
Worker's compensation insurance coverage for the duration of the Agreement.
In the event the Company's worker's compensation insurance coverage expires
During the term of this Agreement, the Company shall renew said insurance,
Either as a carrier-insured employer or a self-insured employer, before its
Expiration, and the Company shall provide the City with further certificates of
Worker's compensation insurance renewals of said insurance coverage.
C. COMPREHENSIVE GENERAL COVERAGE LIABILITY
AND PROPERTY DAMAGE INCLUDING CONTRACTUAL LIABILITY:
The Company shall maintain general liability and property damage insurance that
Protects the Company and the City and its officers, agents, and employees from any
Claims, 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 person
7
$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 coverage
as in paragraph's (1-4) above.
$5,000.00
$5,000.00
$5,000.00
D. AUTOMOBILE LIABILITY: Comprehensive automobile Liability covering
All vehicles used by the Company in the course of work including owned, non-
Owned 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 Equal
Employment Opportunity. Said plan is on file with City's Personnel Director
And the Company warrants and represents it is familiar with the terms of said plan
And shall comply with the plan.
Section 13. Wages and Labor:
The Company shall pay the prevailing wages in this area to all its employees
Engaged work under this contract, if the same are deemed to apply to work
Conducted under this Agreement.
Section 14. Safety and Health Regulations:
All work contemplated is to be governed, at all times, by applicable provisions of
Federal, 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) calendar
Days after the company has submitted invoices for services.
8
B. The City shall publicize collection schedules and materials preparation
Requirements
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 of
Volume based collection program at any time during this agreement. The
Company will not increase the price ofthis Agreement should a pay-as-you throw
Program be implemented. The Company shall be responsible to adhere to the
Policies as set forth by the City. Materials that have not been properly prepared in
Accordance with any pay-as-you throw or other volume-based systems will not be
Collected by the Company. The Company shall notify the City of any residents
Refuse that has not been collected because it was not in compliance with described
Pay-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 annual
basis for a maximum of three years thereafter. Said option periods shall be subject to mutual
agreement ofthe parties.
The City reserves the right to terminate this Agreement for convenience. Should
Such termination be exercised, the city will be liable only for cost incurred prior
To the date oftermination.
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 recyclable
Materials delivered to its Halsey Street, Newport transfer facility by Newport
Residents 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 on
July 1,2012 to $25 (Twenty Five dollars) per ton. Beginning on July 1,2013 the rates will be
adjusted in accordance with the escalation provision contained in the SOLID WASTE MASTER
CONTRACT.
The Company shall invoice the City monthly.
The contract price may be renegotiated by the Company in the event the United
9
States of America is involved in a war, which effects the price and/or allocation of
Fuel. In the event the City and the Company cannot reach an amicable agreement
As to said negotiations, the City and the Company agree that they will submit the
Matter to arbitration through the American Arbitration Association. The decision
Of the arbitrator shall be final and binding on the parties.
Section 19. Payment for Excess Loads by Newport Residents:
Residents ofthe City may deliver household refuse, household bulky waste and
Appliances, residential yard waste and/or recyclable materials to the Company's
Halsey Street, Newport transfer station in addition to the loads for which the City
Shall 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 a
Minimum weight of 1000lbs. Residents shall pay the Company for these loads at
The time of delivery to the Halsey Street transfer station.
All ofthe conditions of this Agreement shall also apply to loads of material
Brought into the Company's Halsey Street transfer station by residents for which
The resident must pay for deposit.
Section 20. Force Majeure:
Neither the City nor the Company shall have breached this Agreement by reason
Of any failure to perform a substantial obligation under the Agreement ifthe
Failure 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 to
Apply, the party relying thereon shall give prompt written notice to the other party
Of circumstance, the basis for applicability ofthis section and the time
Required to cure such breach or delay, and the Company and the City shall use
Reasonable best efforts to agree on appropriate actions under the circumstances.
Section 21. Severability:
If any provision ofthis Agreement is found to be illegal or unenforceable, this
Agreement nevertheless shall remain in fun force and effect and only the illegal
Or unenforceable provision shall be stricken.
Section 22. Rights of City Not Limited:
Nothing in the Agreement shall be interpreted as limiting the rights and
Obligations of the City in its governmental or regulating capacity.
Section 24. Amendments:
This Agreement shall not be amended except by a written agreement signed by
Both parties.
10
IN WITNESS WHEREOF, the parties have caused this Waste Transfer Station
Use Agreement to be executed by their duly authorized representatives as of the
Day and year first written above.
WASTE MANAGEMENT OF RHODE ISLAND, INC:
Date: _
(Printed name and title)
By:
-----:=-:---=-------:---:-:------:--------
(Signature)
Witness: =-:-----:--------:,---;-:;-:------
Date: _
(Signature)
CITY OF NEWPORT:
By: --,----__--,------,---- _
Mayor Stephen C. Waluk
Date: _
Witness: =-:-----:-__-----:,---;-:;-:- _
Date: _
(Signature)
Approved as to Form by:
11
City of Newport
To:
From:
Date:
Subject:
Staff Presentation:
RECOMMENDATION:
Mayor Stephen C. Waluk & Meitfthe City Council
Edward 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 an
additional six months
The City outsources the compnterized management of the parking ticket issuance and payment system. The current
vendor, Complus Data Innovations, has been the City's ontsource agent for this service for the past twenty years. The
current multi-year agreement is scheduled to expire in June 2012. Typically, it is beneficial to the City to align contract
dates with the fiscal year cycle. However, in this case it is in the City's best interest not to interrupt the operation and
management of the ticket system in the middle of the sunnner season. During this time the majority of ticket issuance
occurs. To solicit competitive proposals that could result in a change of vendors during this season would create a major
impairment to the City's operation. The parking ticket management incorporates an integrated on-line system for
encoding ticket issuances, payments, notices and inquiries. The set-up, orientation and testing is complex. To avoid a
risk of major disruption of service, the existing contract should be extended to expire December 31, 2012. This will
allow for the solicitation of new proposals, and if necessary, the implementation of a new system, during the off-season
when ticket issuance and collection is minimized. In conference with Complus agent Stephen Hittman, Chief Financial
Officer, the vendor agrees with the strategy and approves the contract extension. All contract conditions will remain the
same during the period of extension
Resolution 2006-153 - approval of current 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 ticket
network
SUPPORTINGDOCUMENTS
Resolution
Connnunication 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 Data
Innovations for the management of the City's parking ticket system;
and
WHEREAS, the contract is programmed to expire in the middle of the City's
summer season; and
WHEREAS, it would be disruptive and costly to change vendors and replace the
existing computerized ticket management network during the City's
heaviest period of ticket issuance. NOW THEREFORE BE IT
RESOLVED: that the Newport City Council authorizes the extension of an
agreement with Complus Data Innovations to continue the current
service for an additional six months, thereby causing the agreement to
expire on December 31, 2012.
IN COUNCIL
READ AND PASSED
Kathleen M. Silvia
City Clerk
Lavallee, Ed
From:
Sent:
To:
Subject:
Importance:
Stephen Hittman <stephenh@complusdata.com>
Wednesday, December 07, 201110:40 AM
Lavallee, Ed
FW: 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 our
current 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. Hittman
Chief Operating Officer
Complus Data Innovations, Inc.
560 White Plains Road
Tarrytown, New York 10591
914-747-1200
FAX 914-747-0632
stephenh@complusdata.com
Find Us Online At:
~ l i ~ Q
...
1
THE CITY OF NEWPORT
RESOLUTION
COUNCIL
No...?9.Q.9;:.U J
WHEREAS: The Director of Administrative Services (Parking) requested
sealed bids for Puking Ticket Collection and Processiag - 1'118, Bid
Number 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 (including
out of state DMV fees for Registration Information Searches)
3. Additional processing and management services as offered in
the Complus bid submission ParIdDg Ticket Collectiom aBUll
hoce..iug - TillS, Bid Number 07-020.
NOW THEREFORE, BE IT RESOLVED: That the Bid of Complus Data
Innovations Inc. is hereby accepted and the Mayor is authorized to sign
said contract on behalf of the City of Newport.
IN COUNCIL
READ AND PASSED

') r:;
. 1 __v'\)
.
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 the
CLIENT for the processing of parking tickets, and as detailed in the Request for
Proposal (RFP) document submitted per City of Newport solicitation 07-020, due 12
October 2006, authorized by Newport City Council Resolution 2006-153, and by
reference is hereby. incorporated into this agreement. The Terms and Conditions are as
follows:
I. COMPLUS will provide all equipment listed on Schedule I, attached to this
Agreement. The CLIENT acknowledges that this equipment is the property of
COMPLUS and agrees to exercise reasonable care of said equipment while in its
possession.
II. COMPLUS will be responsible for the maintenance, repairs, and replacement of
said equipment resulting from normal use. Repairs, which in the opinion of the
original manufacturer or authorized repair facility are required as a result of an
accident, neglect, or misuse of the equipment shall be made at the sole expense of
the CLIENT.
III. COMPLUS will provide remote access to its computer via a dedicated digital
telephone transmission line. Access time will be 24 hours per day, Monday
through Friday, with the exception of 12:00 AM until 2:00 AM Eastern Standard
Time.
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 for
adhoc requests, and for new report design and implementation. Cost for the
support 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 and
inquiry at the CLIENTS Collections Office during peak summer periods. The
CLIENT will be responsible for hiring, training, and managing temporary labor and
COMPLUS will be billed directly by the Temp Agency.
100
VII. COMPLUS will maintain the phone line for ticket recipient telephone support for
collections and payment issues resulting from issues relating to information
supplied on delinquent notices.
VIII. COMPLUS will provide the CLIENT with access to the computer software needed to
process ticket information. COMPLUS agrees to maintain the TMS and revise the
software, as required, to conform to the ordinances of both the CLIENT and the
State of Rhode Island Vehicle and Traffic Laws.
IX. On a monthly basis, COMPLUS will furnish the CLIENT with various reports and
mailings.
Year-to-Date Disposition Of Tickets, monthly.
Delinquent notices for outstanding tickets for the State of Rhode Island and Out-
of-State residents every month based upon responses from DMV's.
"Final Notice" for outstanding tickets for the State of Rhode Island, and Out-of-
State 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 to
vehicles bearing Rhode Island State plates and Out-of-State plates to the last
known registered owner(s). CLIENT will be responsible for postage of said
notices.
XI. COMPLUS agrees to provide complete on-side training for the TMS. COMPLUS will
provide reference manuals describing the features and operations of TMS.
Updates to the system will be proVided as they become available. Unlimited
assistance will be available from field supervisors and by telephone.
XII. The CLIENT agrees to the following fee schedule for the use of the Ticket
Management 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 Information
Searches.
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 third
parties claiming that their cars have been improperly towed or booted; or when
applicable by law that their registration has been improperly flagged or suspended;
or when applicable by law that their license has been improperly revoked or
suspended; except.where said claims, controversies or lawsuits are the result of
error, omissions, or negligence on the part of COMPLUS.
XIV. The Terms and Conditions of the Agreement will remain in effect for a period of
two (2) years from the date of acceptance, with an automatic renewal upon the
same terms and conditions for (1) one (3) three year renewal periods. If either
the CLIENT or COMPLUS does not wish to exercise this renewal option, they must
notify 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 the
other party shall result in the automatic renewal of this contract as specified
above. In the event of termination, the CLIENT would be prOVided with a
computer file, and or hard copy of current information, as of the date of
termination, 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'S
acceptance of this Agreement, and the Terms and Conditions contained therein.
Accepted by:
,;.)2,...-C- C-t.--_

;
'1/ ! '
" fA I
P' J .- ,'.' .'
",c l '.' ,
, '
JosephJ..'l cholson, Jr.
City Solicitor
"sif?vt; 0( fi LVf;:
/
Title:
Date:
3 00
O.CHARlEY.S INC.
O'Charley's Stoney River Legendary Steaks 0 Ninety Nine Restaurant
Oclober 26, 2011
VIAFEDEX
City of Newport
Attn: Town Clerk
City Hall, Accounts Division
Newport, 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 in
ownership (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 jurisdiction
2. List of corporate officers
a. O'Charley's, Inc (parent company) is apubliclv traded corporation listed on NASDAQ as
symbol CHUX, No individual/officer owns more than 3% of stock of corporation.
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 at
www.ocharleys.com.
NOTE: IF FINGERPRINTING IS REQUIRED PLEASE SEND THE FINGERPRINT CARDS DUE TO OUR OFFICERS BEING OUT OF
STATE RESIDENTS,
Ownership Chain: O'Charley's, Inc. (PARENT COMPANV) Is apublicly traded corporalton listed on NASDAQ as symbol CHUX, No
Individual/officer owns more than 3% of stockIhe corporallon.
Please applylhts to all of our restaurant(s) In your jurisdictIon, Please submtt a/l correspondence and/or permils 10 Ihe corporale
address 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 requirements
or licensing issuas, please the undersignad.
Enclosure(s)
NO\! -- 2
\ I
/. r'1
.
..... . .... .' .
Nicole Matthews
Corporate Paralegal
O'Charley's/Stoney River/99 Restaurant
P(615) 782-8821
F(615) 782-5032
IIcenslng@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 :SV2010-563
Highway, Newport, RI 02840
I. .
1
99 Restaurant & #20061 at 199 J.T. Connell
Highway, Newpor\ Rl 02840
Peimil#
563 BV2010

City of Newport ely
Clerk's Office
City of Newport City
;Clerk's Office
r:...
99 West, Inc.
99Wesl,1m::.
1 t_c
04-2580280 ;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

04-2580280 'awnershipChain:99West, Inc,is100%,owried byshareholder: 99
:Restaurants. LlC; whois100%owned by-shareilolder.O'Chariey's
iManagement Comp;:my,'lnc.;whois100%0Wl'iEid by shareholder.
'O'Ctiariey's, lnc.,whibh is apublicly traded cor:poralionlistedon the
'NASDAQ as symbol CHUX. No 6neindividual Owns more than 3% in
Pagel
ACTION TAKEN ON WRITTEN CONSENT OF
THE 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 of 99 West, Inc., a
Massachusetts corporation (the "Company"), effective as of April 14, 2011, do hereby waive
notice 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 the
Company and its sole shareholder to elect certain persons as officers of the Company.
NOW, THEREFORE, BE IT RESOLVED, that each of the following persons shall
hold the offices set forth opposite his or her name, to hold such offices until his or her successor
is duly elected and qualified:
David. W. Head
John R. Grady
LesHeE. Cherry
Colin M. Daly
Charles Noyes
R. Jeffrey Williams
Johnny BYJ'd
R..R,ymer
President
Vice President
ASSistant Clerk
Clerk
Assistant Clerk
Assistant Clerk and Interim Treasurer
Assistant Clerk
Assistant Clerk
FURTHER RESOLVED, that any and all actions heretofore taken by the officers of the
Company, or anyone of them, on behalf of the Company are hereby ratified, confll11led and
approved in all resPects as the acts ofthe Company; and
FURTHER RESOLVED, that such persons as may from time to time serve as duly
elected officers of the Company be, and each of them hereby is, authorized, empowered and
d.irected, in the name of and on behalf of the Company, to take or cause to be taken such further
actions, 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, the
taking of such actions to be deemed conclusive evidence of the authorization and approval
thereofllnd the binding effect thereof on the Company; and
FURTHER RESOLVED, that the undersigned hereby adopts, as if expressly set forth
herein, the form of any resolution required by any authority to be filed in connection with any
applications, reports, or filings relating to the foregoing resolutions if (i) in the opinion of the
officer(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 by
appending copies of sucll resolutions hereto, which wiII thereupon be deemed to be adopted by
the undersigned with the same force and effect as the resolutions contained herein.
IN WITNESS WHEREOF, the undersigned hav cuted this Action Taken on Written
Consent as of the date first stated above for the purpose of e ncing (i) their consent to the
taking of the foregoing actions without a meeting; and (ii) their alation of the . king of the
foregoing actions.
David W
9441365.1
O'CHARLEY'S INC.
O
.I'r. if 99 9'Charllys Stoney River Legendary Steaks Ninety Nine Restaurant
'JJICerS 0 west,lnc.
*No officer owns >5% of stock of corporation
O'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 Address
Length 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
RESOLUTIONS
OF THE BOARD OF DIRECTORS OF
O'CHARLEY'S INC. (the "Company")
Director Nominees
RESOLVED, that, in accordance with the recommendation of the Board's Nominating
and Corporate Governance Committee, the individuals listed below are hereby nominated for
election at the Company's 2011 Annual Meeting of Shareholder to serve from their election as
directors until the Company's next annual meeting and until their successors are duly elected and
qualified or until his or her earlier death, resignation or removal:
Arnaud Ajdler
William F. Andrews
Douglas Benham
David W. Head
Philip J. Hickey, Jr. (Chainnan)
Gregory Monahan
Dale W. Polley
Richard Reiss, Jr.
H. Steve Tidwell
Robert J. Walker
Shirley A. Zeitlin
Election of Officers
RESOLVED, that the following persons are hereby elected to hold the office(s) set forth
opposite his or her name, to hold such office(s) until his or her successor is duly elected and
qualified or until his or her earlier death, resignation or removal:
David W. Head
R. Jeffrey Williams
Wilson L. Craft
John R. Grady
Alfred L. Thimm, Jr
Colin M. Daly
Leon De Wet
Lawrence D. Taylor
Robert F. Luz
Michelle A. Mills
Charles O. Noyes
Bradford L. Schiff
Joseph R. Rymer
Position
Chief Executive Officer and President
Interim Chief Financial Officer and Treasurer, Principal
Accounting Officer, Corporate Controller and Assistant Secretary
Concept President - O'Charley's
Concept President - Ninety Nine Restaurant
Concept President - Stoney River Legendary Steaks
General Counsel, Secretary and Compliance Officer
Chief Infonnation Officer
Chief Supply Chain Officer
Vice President Human Resources
Vice President of Operations - O'Charley's Concept
Vice President of Operations - Ninety Nine
Restaurant
Vice President of Marketing - Ninety Nine Restaurant
Assistant Secretary
Johnny C. Byrd, Jr.
Leslie E. Cherry
Assistant Secretary
Assistant Secretary
Designation of Executive Officers
WHEREAS, the Company wishes to comply with, and to assist its officers and directors
in 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" of
the 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) of
Regulation S-K provide that a corporation may identify those persons performing policy-making
functions for the corporation who constitute "executive officers" and thus are officers for
purposes of Section 16 of the 1934 Act.
NOW, THEREFORE, BE IT RESOLVED, that the Company hereby designates the
following persons as "executive officers" and as officers for purposes of Section 16 ofthe 1934
Act:
David W. Head
R. Jeffrey Williams
Wilson L. Craft
John R. Grady
Alfred L Thimm, Jr.
Colin M. Daly
Leon De Wet
Lawrence D. Taylor
Robert F. Luz
Position
Chief Executive Officer and President
Interim Chief Financial Officer and Treasurer, Principal
Accounting Officer, Corporate Controller and Assistant
Secretary
Concept President - O'Charley's
Concept President - Ninety Nine Restaurant
Concept President - Stoney River Legendary Steaks
General Counsel, Secretary and Compliance Officer
Chief Information Officer
Chief Supply Chain Officer
Vice 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 and
deliver any and all documents or agreements that may be deemed necessary or desirable in order
to carry out the intent of the foregoing resolutions, and the execution and delivery of all such
documents and agreements will be deemed conclusive evidence of the approval and
authorization 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 be
necessary, proper or advisable to carry out the intent and accomplish the purposes of the
foregoing resolutions; and
FURTHER RESOLVED, that any and all actions heretofore or hereafter taken by such
officers, or anyone of them, in connection with the matters to which the preceding resolutions
and each of them relate, are hereby ratified, confirmed and approved in all respects as the acts of
the 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 corporation
O'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 Address
Length 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
Johnny Clyde Byrd
377 Logans Cir
Franklin, TN 37067
Assistant Secretary
Joseph Rives Rymer, Jr.
312 Mill Run Circle
Nashville, TN 37221
1989-Present
Assistant Secretary
Leslie E. Cherry
6628 Christiansted Lane
Nashville, TN 37211
Assistant secretary
Robert Jeffrey Williams
3112 Koltas Court
Brentwood, TN 37027
2006-Present
Assistant Secretary, Treasurer, CFO
Birth Date, Place ofBirth, SS#,
Driver's License. Phone No.
9/21/1971
North Adams, Massachusetts
139649764
TN 116694441
(615) 3562331
12/26/1956
Baltimore MD
219762432
FL H30017956466
(615) 7626617
6/20/1969
238370001
TN 80505477
8652810375
8/6/1961
Chicago, Illinois
291623033
72546229
(615) 6466103
6/23/1976
Memphis, TN
411438499
076148830 TN
6154458150
11/8/1966
Camden, Tennessee
410399376
61121731
(615) 2834070
OfficerlPast Residence Hx
1325 Grenox Road, Wynnewood, PA 19096
1129 Grannywhlte Ct., Nashville, TN 37215
20062008
255 Stonehaven Circle, Franklin, TN 37064
20012006
615-256-8500 Fax: 6157825043 3038 Sidco D"ive Nashville,TN 37204
Bill Haslam
Governor
October 17, 2011
TENNESSEE BUREAU OF INVESTIGATION
901 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 Gwyn
Director
O'CHARLEY'S, INC.
NICOLE MATTHEWS
3038 SIDCO DRIVE
ATTN: LEGAL DEPT
NASHVILLE, TN 37204
Tennessee Criminal History Records Request
Per your request for a criminal history record check on the following individual, there was no Tennessee information
found:
CHERRY, LESLIE EVANS
Please be aware that, unless a fingerprint comparison is performed, it is impossible for the Tennessee Bureau of
Investigation to be sure the record belongs to the individual you requested. A fingerprint comparison will only be
performed in the event of a written appeal of criminal history results. The information you receive will be based on
only those arrests which occurred within the state of Tennessee.
The Tennessee Bureau of Investigation found NO Tennessee criminal history based on the information provided. No
criminal record check was conducted for other states or for the Federai Bureau of Investigation.
Tennessee Open Records Information Services
Tennessee Bureau of Investigation
INTERNATIONALLY ACCREDITED SINCE 1994
Bill Haslam
Governor
October 17, 2011
TENNESSEE BUREAU OF INVESTIGATION
901 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 MATTHEWS
3038 SIDCO DRIVE
ATTN: LEGAL DEPT
NASHVILLE, TN 37204
Tennessee Criminal History Records Request
Per your request for a criminal history record check on the following individual, there was no Tennessee information
found:
BYRD, JOHNNY CLYDE
Please be aware that, unless a fingerprint comparison is performed, it is impossible for the Tennessee Bureau of
Investigation to be sure the record belongs to the individual you requested. A fingerprint comparison will only be
performed in the event of a written appeal of criminal history results. The information you receive will be based on
only those arrests which occurred within the state of Tennessee.
The Tennessee Bureau of Investigation found NO Tennessee criminal history based on the information provided. No
criminal record check was conducted for other states or for the Federal Bureau of Investigation.
Tennessee Open Records Information Services
Tennessee Bureau of Investigation
INTERNATIONALLY ACCREDITED SINCE 1994
OCT '/4
CITY OF NEWPORT
Board 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 the
Newport 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' hP./

D/BIA If I () ;VR'vt).... TEL. #
BUSINESS ADDRESS__ _ _
". ". '-
Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE W ti
D/B/A ifl If /f/IV/l-. TEL. # .ry, /fP I fL
NEW LOCATION, if applicable_.... ... .R"____'_____'_____.,__----
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)
SU ... !fr.6"W,/
DATE ORDATE COMMISSION EXPIRES IF NOTARY
DATE OR DATE COMMISSION EXPIRES IF NOTARY
PRINT NAME
\7 /(,01 JLI
_ Use Only
License Issued by: Date Issued: _
ACTION OF COUNCIL _ ACTION DATE. _
Page 1 of2 STATE OF RHODE ISLAND Newport
BOARD OF LICENSING COMMISSIONERS
APPLICATION FOR LICENSE FOR CORPORATION OR LLC
!'i Y f)rT 1 A 9011 , ' : !) ;
I 'L...,".'....,' ...., ...J :
t..."
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 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. If Other Please specify below:
Name of Each DirectorlBoard Member Address
..
If Corporation, Classes of Stock: Amount of This 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- 1
m

P6--t'v1 1_ l- (.
A b_
.I. tJ'_ ! :
'3 OJ""
{?;'..f.e.. f'vf. g
-r1/1vtt/
4/l tN'''' I' I/V.
I
'"
Filing Fee: Date Paid: I I License Fee: I IDate Paid: I I
Approved by Council Disapproved by Council _
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation
Last printed 919/2(JI J 2:16 Pi"l
Class Class_oCLicense # Number_oCLicense Entity: ApplicationType
nk name: Liq II LL('(XiRPapI'JVkrgc.dtIC
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 behalf of undisc!osedI#-/7 i- If yes, give details: I
principal or party in interest? ,---=-:;--------r==::::;----------
Does Applicant Own premises?1 jlrtl i-property Mortgaged? tvv I- Property y"I I-
If Mortgaged 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 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 retail
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? _ If yes, explain: +
State amount of capital 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.
and bi""
Signature of Applicant" (see note below) Date of Signature
[
V/'-""" "::> I I
-f--" C> 1 z._. / (.- / I eol
WI TNTS Lie e nsTi't gllo"a r-N 0 TARY PUBL I C nate Commission Expires (for Notary)
"NOTE: For new, transfer. expansion. or renewal the owner/s) must sign. In a corporation. the officers should
sign; in an lLC. the "designated manager" and a member are to sign. We are no longer to accept the signature
of 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 snfficient
gronnds 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
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 Dorrance
Hamilton, 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 ON.HAYES. JR.
NEIL P. GALVIN
JOSEPH H. OLAYNACK III
MATTHEW H. LEYS
GIRARD A. GALVIN
OF COUNSEL
WILLIAM J. CORCORAN
Stephen C. Waluk and
Members of the Board of
License Commissioners
The City of Newport
City Hall
43 Broadway
Re: 41North
ATTORNEYS AND COUNSELLORS AT LAW
i' ,
31 AMERICA'S CUP AVENUE
P. O. BOX 389
NEWPORT, R.1. 02840 '
TELEPHONE.
FAX 401-847-5810
EMAIL: cphg@cphglaw.com
www.cphgraw.com
November 2, 2011
NOV - 3
WI\-LlAM 1- PECKHAM
- _ I 19'i'963
EDWARD ..JI. CORCORAN
-- -- ,- -" ..
PATRICK O'N. HAYES
1942-2005
Dear Mr. Waluk and Members ofthe Board:
Please be advised that I represent Behan Bros., Inc. We have become aware of the
application 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 licensee
incurred in the operation of the licensed premises shall be paid to or released by an objecting
creditor before the issuing body permits the transfer."
Behan Bros., Inc. hereby objects to this transfer as Behan Bros., Inc. has an outstanding
lien in the amount of $1,619,502.39 on the licensed premises. There is no indebtedness more
incurred in the operation of the licensed premises than the indebtedness incurred to build the
licensed premises.
We respectfully request that before this transfer is permitted that the outstanding
indebtedness owed to Behan Bros., Inc. be paid.
I expect to be present at the scheduled meeting on this matter should you have any
questions.

'Po Galvin
ngalvin@cphglaw.com
NPG/rc
cc: M. J. Behan, Jr.
S. MacGillivray, Esq.
,'.',
CITY OF NEWPORT
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 the
Newport 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 _
DIBIA IfI t?;1/pY /),. TEL. # &yP 8"tJ i
BUSINESS =- _
NAME OF TRANSFEREE j:{.p 4' IPt"w.,l
DIBIA q/"?,RVfl,... TEL. # &1{ 6 fg; I f
NEW LOCATION, if _
SV
ACTION OF COUNCIL ACTION DATE _
U9
BOARD OF LICENSING COMMISSIONERS
RETAILER CLASS:
8H
OWNERSHIP:
firv-A
/ () /f/NJ}." L-t.- C-
D/BfA:
yI " ;VIf'" 1h
Premises
I

It{ ,- "]..A::> j1
R
vV'1 ftl,' I / W]"./W'I
State - 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" :

If-v), IA.-l. <;"")
Sfi.ee.r
!fVbg-o/f{
..
LL,.. A n.l
Vice-Pres.
Secretary
Treasurer
MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please specIfy below:
. .
Name of Each Director/Board Member Address
..
........... .
If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:
,\
1./ L II
'!PG E'!
btt
Jittf11e
l
J'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 _ ('f P L1 Ik A.tJj
tjp-I'V(/ 1#, (Yt.&l})vo
u
./

Approved by Council_________ Disapproved by Council _
Issued By Date License & Section 5.12 Received by _
Liquor Application by Corporation
l.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;Vv I. Ifyes, provide details:
,-----'=============:
Is application on behalf If yes, give details: I
principal or party in interest? ,---'=:;---------r.=:==j----------
Does Applicant Own Mortgaged? ;Vi? Property p:! I.
If Mortgaged or Leased: Amount of Extent:
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:
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? If yes, explain:
I 1--'..:,L=....:/...:0"-<../...:'_,.:..1 --'
Date Commission Expires (for Notary)
State amount of capital invested in the business.)- () tI
of t"blilly '"'""'""" a"d P"",f ofWo<ke<', Compe""tio" '""a"", m," be alta""ed.
i"er,
v Si of Applicant' (see note below) Date of Signature
I
TIr:ESS of Licensing Board or NOTARY PUBLIC
:NOTE: For new, transfer, expansion, or renewal the owner/s) must sign. In a corporation, the officers should
sign: in anLLC. the "designated manager" and a member are to sign. We are no longer to accept the signature
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient
grounds for the denial of the application or the revocation of the license in case one has been granted.
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
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 9/9/20 II :!.: 16 !)jI,1 Uk Ilm1lo;': 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 Dorrance
Hamilton, 97%, and PGEM, LLC, 3%.
(The sole members of PGEM, LLC, are Peter Borden and George Moore.)
\2) /yJ "
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 the
Newport Police Department for f1llgerprinting and a routine check has been completed. __
CLASS A BL __BT 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 _
If Change 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,
Thomas L" Harris
PRINT NAME
... ...... ......,...,.,....,.........,. (VO nee Use Only ............
FEEPAID_$,1"kDATEPAID././ jI, '/1
ACTION DATE _
License Issued by: . Date Issued: _, _
ACTION OF COUNCIL. _
Page 1 of2
o QJfc= III
STATE 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/lL
D/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
,
Name, Address and Tel. # of All 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 4lit! .k{; P:r
'ii!&tiA ",. "
,
ViceRPres.
I
"
I,
"
I,
, ,
Secretary
"
Treasurer ..
/ ,
,.
MaIlmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. If Other Please specIfy below:
AliI/
i
..
,
.. ---- ..
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 %

..f.I' /1CtI'L
; atJ'Y.', }1/) 'J>1L ItJo2,
i I
.
Issued By Dute License & Section 5.12 Receivedby _
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 behalf ofundisc!os
e
dllllO I- Ifyes, give details: I
priucipal or party in interest? ,-_-=:;--------;===;----------
Does Applicant Own premises?1 /110 I-property Mortgaged? I - Property Leasedl w..sl-
IfMortgaged or Leased: Amount of Extent: I () V.e w/C)/);1?"1.,)

Name and Address of Mortgagee or Lessee: 111; eli'. I-/-.(,

Have any of the applicants ever been arrested or convicted ofa crime? I !l/d I - If yes, explain:
I
Is any other business to be carried on in Licensed Premises? III/t) I If yes, explain:
I I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? I/110 I- Ifyes, explain:
license issued under Ch.. 3-7 ofR.I.G.L., 1956, as amended? IIV} I- If yes, explain:
State amount of capital invested in the business. Y7. eJ(}() t'
0
. \' \ .
J
I hereby certify that the above statements are true to the best of my knowledge and belief:
I \\\\CJ \ q-O\\ I
Dale of S\gnature
4
ESS o!-!, ens ing Boa rd 0 r NOT ARY PUB LIC Date Commission Expires (for Notary)
'NOTE: For new, transfer. expansion. or renewal the owner/sl must sign. In a corporation. the officers should
sign; in an LLC. the "designated manager" and a member are to sign. We are no longer to accept the signature
1. Every question on Application Form mJjst be auswered. Any false statemeut made by the Applicaut will be sufficient
grounds for the denial ofthe application or the revocation of the license in case one has been granted.
3. Attention is called to the requirements ofthe 1963 amendment of Section 3-5-10 of the General Laws.
b. Any acquisitiou by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
to the licensing board subject to the procednres for a transfer of a license.
Liquor Application by Corporation Class Class_oCLicense # Entity: ApplicationTypc
] ,:-lsi printed 9/9/20 11 2: 16 Pi"l rik Ilmne: J,iq J 1LLC'COHPapp!'vkrgc,dC'('
CITY OF NEWPORT
I
I
L
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 the
Newport 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 The Pier Restaurant TEL. # 847-3640
NEW LOCATION, ifappJicable _
I :

Vincent Sandonato by power of
PRINT NAME
V . 3-l'8'aDl'3
Vincent Sandonato
PRINT NAME
-t/ 3 'l t .;}o, 'S
DATE ORDATE COMMISSION EXPIRES IF NOTARY
ACTIONDATE _
Use Only
FEE PAID_$ # 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 LLC
RETAILER 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" :

r Vincent Sandonato 48 Ward Avenue, Middletown, R. 225-7500

Secretary
Treasurer
Mallmg Address: Choose a) Busmess Address, or b) Owner Address, or c) Other. lfOther Please specIfy below:
..
1
.
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: I
principal or party in interest? .-_-=;--------;===;-----------'
Does Applicant Own Mortgaged? Yes I 0 Property Leased1 Yes I_
If Mortgaged or Leased: Amount of Exten!: I
f------L------------------..,
Name and Address of Mortgagee or Lessee: Washington Trust Company
Have any of the applicants ever been arrested or convicted of a crime? I No I.
I
Is any other business to be carried on in Licensed Premises? INo I. Ifyes, explain:
I I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? INo 1
0
Ifyes, explain:
Do any ofthe applicants have any interest, direct or indirect, as principle or associate, or in any manner whatsoever, in any retail
license 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
.. I: and bellief:
'
Signature a \l\pplic t" (see note below) Date of Signature
Iv I
W TNESS of LIcenSIng Board or PUBLIC. Date Commission Expires (for Notary)
"NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should
sign; in an LLC, the "designated manager" and a member are to sign. We are no longer to accept the signature
1. Every question on Application Form must be answered. Any false statement made by the Applicant will be sufficient
grounds 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,
b. Any acquisition by any person of more than ten percent (10%) of any class of corporate stock must be reported
within 30 days.
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 Cl/9t2011 2: 16 pf\.f flit' nmnc: Liq II LLCCORPappMerge.(1(1c

Council Docket 12 14

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Council Docket 12 14

Încărcat de

Drepturi de autor:

Formate disponibile

CITY OF NEWPORT

DOCKET OF THE COUNCIL MEETING

- ROGERS H.S. MAlNENTRANca...... \ .

There is one member entitled to a deferred vested benefit.

THE CITY OF NEWPORT, RHODE ISLAND POLICE PENSION SYSTEM

7. Death before Retirement

1. Present Value ofBenefits

/9;Z;;:;Cn2j2]- /<1 a/Qr./, QgN" TAa <1

or will it be in the future? II

of ...... .... oo oooo.J Date:

licant the owner or 0 erator of an

S-ar putea să vă placă și