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HomeMy Public PortalAbout19950511CCMeeting1 1 1995- 05 -11. City Council Minutes The Tybee Island City Council held its regular monthly meeting on Thursday, May 11, 1995, in the City Hall auditorium. Mayor James P. Locklear called the meeting to order at 7:30 P.M. with the following members of Council present: Katrina Hughes, Jack Youmans, William Remeta, Phil O'Dell, Mariann Wildi and Paul Jackson. City Attorney Edward Hughes was present to guide the Council on any legal matters. Mayor Locklear gave the invocation and led the citizens in the Pledge of Allegiance. Mayor Locklear asked Mrs Teri Gruendl to come up and accept a certificate of excellence on her award from the President of the United States for science and math. Mrs. Gruendl accepted by stating that she was honored by being recognized by Tybee Island but that she was really just a teacher and that she represents all the excellent teachers in Georgia. Mayor Locklear announced the proclamations honoring Municipal Clerks Week - May 7 - 13; Management Week in America - June 4 - 10; National Nursing Home Week - May 14 - 20; National Police Week - May 14 - 20. Mayor Locklear made announcement concerning all upcoming meetings and events to take place on Tybee Island. Councilmember Jackson moved to approve the April minutes. Councilmember Wildi seconded. Councilmember Remeta said that he would like to correct the vote on the telephone system stating that he voted against it. Vote by Council was unanimous. Mr. Dale Williams explained his request for the Genesis Program from Tidelands in using the Recreation Building on Cedarwood. This program deals with children ages 12 through 17 who come from a wide variety of social backgrounds and problems. Mrs. Dottie Kluttz asked how long the programs run. Mr. Williams answered 8 days, a 2 day course on ropes that is held in Bloomingdale and the other 6 days in the field. Councilmember Wildi asked if the building will be used everyday. Mr. Williams said that they would run 3 programs a month and sometimes on the weekends also. Ann Carol Trammell, Xi Delta Chi Sorority, presented a check in the amount of $1,000.00 to Mr. Jim Kluttz and Mr. Cullen Chambers towards the restoration of the Lighthouse explaining that this money was made from the Taste of Tybee event that was held last month in Jaycee Park. Ms. Trammell thanked the City of Tybee and the citizens for all the support given to the sorority. Mr. Steve Helmly and Mr. Blair Walker requested permission to hold beach party on July 26th from 2 to 4 p.m. somewhere on Tybee for the Southern Christian Youth Convention. Approximately 1500 children and adults would be transported to Tybee by 12. to 1 1 1 15 buses and private vans. Councilmember Remeta moved to approve the request. Councilmember O'Dell seconded. Councilmember Youmans asked where are you going to park the buses as we only have a few places designated for buses. Mayor Locklear said that something could be worked out. Councilmember Jackson said that North Beach would be the perfect spot. Vote by Council was unanimous. Councilmember Wildi moved to approve the request for fireworks to be held on July 3rd between 14th and 15th Streets made by Jack Boylston, Chairman of the Tybee Council of the Chamber of Commerce. Councilmember Jackson seconded. Councilmember Youmans said is this the same as past request for the fireworks. Mr. Boylston answered yes. Councilmember Youmans said that the Tybee Island Fire Department has nothing to do with the fireworks. Mr. Boylston said that last month when asking for permission to have the Beach Bum Parade and Festival that the two day special beer license might have been overlooked. Councilmember Jackson moved to approve the two day beer license. Councilmember Remeta seconded. Vote by Council was unanimous. Mr. Boylston said that both Friday and Saturday nights bands with good music will be playing so come down and enjoy. Mr. Boylston said that the Chamber is opening a customer service orientation for Tybee Island businesses and he would like the City Council to think about the idea between now and the next meeting. Mr. Boylston stated that as of yesterday that there has only been 7 sealed bids for the Olympic banners so put your bids in, you will have a good chance, minimum bid is $100.00. Mayor Locklear presented Jim Kluttz and Cullen Chambers with a check in the amount of $5,000.00 which is part of a grant from DCA for the restoration of the Lighthouse. Mr. Buddy Blair requested permission to hold the Gold Wing Road Riders event on May 3 - 5, 1996 on the Ocean Plaza property. Councilmember Jackson moved to approve the request. Councilmember O'Dell seconded. Councilmember Wildi asked Mr. Blair to please tell the audience that the bikes are very quiet. Mr. Blair said a radio is louder than a bike. Vote by Council was unanimous. Mr. Mallory Pearce gave a report on the land trust and permanent parks. He thanked Attorney Edward Hughes for all the work he had done on the land trust. Mr. Chris Schubert gave a report from the Chatham Environmental Committee and thanked Katrina Hughes for the articles on the water in the Tybee News. Mayor Locklear gave an update on how the City is coming into compliance with the ADA rules and laws. Mayor Locklear said that the beach renourishment is scheduled to start May 12th and be completed by June 2nd, the project will be from 18th Street to 13th Street. The Mayor welcomed Cheryl Lauer back to work. Mayor Locklear opened the public hearing on a petition from Stephen and Sandra Coleman for a minor subdivision at 1105 Bay Street; PIN 4 -21 -16 -050. The Planning Commission recommended 1 1 1 approval. No one spoke for or against. Mayor Locklear closed the public hearing. Councilmember Hughes moved to approve the minor subdivision. Councilmember Youmans seconded. Councilmember Remeta asked for the total square footage. Zoning Administrator stated that the lot is 250 feet by 120 feet. Vote by Council was unanimous. Mayor Locklear opened the public hearing on a petition for a minor subdivision of a duplex from Eric Hogan for # 9 - 11 Seabreeze Lane; Lot 27, PIN 4- 21- 16 -34. Planning Commission recommended to approve. Mr. Hogan explained the request. No one spoke in favor or against. The Mayor closed the public hearing. Councilmember Youmans moved to approve. Councilmember Hughes seconded. Councilmember Remeta asked what the square footage was for each duplex. Mr. Hogan said 3234 and 3523. Zoning Administrator Byers said the fire wall is in place and that wording on the plat will state that this subdivision will create substandard lots of record, not suitable for single family construction. Vote by Council was 5 in favor (Hughes, Youmans, O'Dell, Wildi, Jackson); 1 opposed (Remeta). Mayor Locklear opened the public hearing on a petition for a minor subdivision of a duplex from Eric Hogan for # 5 - 7 Seabreeze Lane.: Lot 26, PIN 4- 21- 16 -35. Planning Commission recommended approval. The Mayor closed the public hearing. Councilmember Youmans moved to approve. Councilmember Hughes seconded. Same question was asked by Councilmember Remeta. Vote by Council was 5 in favor (Hughes, Youmans, O'Dell, Wildi, Jackson); 1 opposed (Remeta). Mayor Locklear opened the public hearing on a petition for a zoning map amendment from C -1 to PUD from U.S. Development at 402 Butler Avenue; PIN 4- 4 -20 -1. Planning Commission recommended to deny. Mr. Jim Steffler said that this is a low density project on one and one -half acres. Zoning Administrator Byers stated that a letter from Chairman Frankenhauser of the Planning Commission said this is a down grade in zoning, spot zoning and there will not be a buffer or fire wall. No one spoke for or against. Mayor Locklear closed the public hearing. Councilmember Wildi asked if the buffer wall will replace the 25 feet requirement. Mr. Steffler answered yes, it will set it apart. Councilmember Wildi again asked if this wall would be in lieu of the 25 feet. Mr. Steffler said look at it from a view point of a condo project. Councilmember Wildi asked how high would the wall be. Mr. Steffler said 6 to 8 feet. Councilmember Wildi said that this would be 10 single family homes between 2 hotels with lounges on each side. Mr. Steffler said he has done this before. Councilmember Wildi answered yes, you develop then leave, will people be aware of the noise. Mr. Steffler answered yes. Councilmember Wildi said that the location is unsuitable for residential homes. Councilmember Remeta said that there are three choices; large condo project, hotel, or 10 single family homes. The homes would be low density, less traffic, less strain on the water system and that it is a win win situation. Councilmember 1 1 1 Youmans said a lot of people are in favor of the 10 family homes, but this is spot zoning. In my eight years on Council I have been trying to stay out of spot zoning. Councilmember O'Dell said that with PUD the Council has control, any deviation must come before Council and that this PUD project is more in keeping with the new trend on Tybee. Councilmember Youmans said that the request is changing zoning from C -1 to PUD. City Attorney Hughes stated that Mr. Steffler would have to come back before Council for the site plan review. Zoning Administrator said no. Councilmember Hughes said this is zoning. Zoning Administrator Byers said they would have to come back. Councilmember O'Dell moved to approve if Mr. Steffler turns project into a 10 condo project. City Attorney Hughes said this can not be done. Councilmember O'Dell moved to approve the text amendment. Councilmember Remeta seconded. City Attorney Hughes said that each Councilmember has in front of them the criteria for zoning and must take this into consideration before voting. Vote by Council was 2 in favor (Remeta O'Dell); 4 opposed (Hughes, Youmans, Wildi, Jackson). Petition denied. Mayor Locklear opened the public hearing on a site plan review by Mr. George Spirides at 1405 Strand, PIN 4- 7 -3 -7. John Pittman, Hansen Architect of Savannah, spoke for Mr. Spirides. Planning Commission recommended to approve. No one spoke in favor or against. Mayor Locklear closed the hearing. Councilmember Youmans moved to approve site plan review. Councilmember Hughes seconded. Vote by Council was unanimous. Mayor Locklear opened the public hearing on a petition for a height variance made by Mr. George Spirides at 1405 Strand, PIN 4- 7 -3 -7. Mr. John Pittman said that the roof is 42 feet 6 inches, parapet is 44 feet, pediment is 48.6 feet at the apex in order to cover all mechanical systems. Mr. Pittman said that Mr. Spirides is willing to do what ever it takes to get it done and they have been working on alternate ideas, they want what is in the best interest of Tybee. Council and audience reviewed the plans with Mr. Pittman. Mr. Michael De Marco, Manager of Tybrisa Beach Resort spoke in favor saying that this restaurant is a unique concept, it will not be just another bar and restaurant, people will feel safe. Mr. De Marco said that a lot of money was being spent and that the parapet is only for cosmetic purposes. Mr. Mallory Pearce stated that the correct procedure was not followed, they should be trying to negotiate with the community, that it is junk and improper. Mayor Locklear asked Mr. Pearce to sit down explaining that now is not the time to hear personal complaints. Mr. Kenny McNeely said that the people of Tybee Island spoke out at the last council meeting against the height of 50 feet in C -1, and there is no hardship shown. Mr. Jim Kluttz asked if these are the same plans that the Planning Commission approve. Mr. Pittman answered yes, same plans. Mr. Kluttz said that if this had come up three years ago and asked for the Charter change and the height variance it would have never passed. Mr. Kluttz said Mr. Spirides is smart by taking one step at a time. Mrs. Jeanne Hutton said that Mr. Spirides offered $300,000.00 for the air rights but the Council said only $100,000 1 1 1 would be necessary and tonight Council will give him the variance on height. Councilmember Hughes said Mr. Spirides offered $28,000.00 for the air rights and that the City negotiated up to $100,000.00. Mr. Spirides said he is not playing smart, he is playing fair and square. Mr. De Marco said that Mr. Spirides is the largest tax payer on Tybee Island. Mrs. Hutton stated that tourism is important, but when you increase the density residents values go up and there is increased pressure put on the citizens. Mr. Pittman said that the Planning Commission was an open forum to discuss this project, and this project is not up against residential buildings, there is a hardship because of the egress under building to accommodate vehicles and fire trucks. Mayor Locklear closed the hearing. Councilmember Youmans moved to approve what the Planning Commission recommended. Councilmember Hughes seconded. Vote by Council was 2 in favor (Hughes, Youmans); 4 opposed (Remeta, Wildi, O'Dell, Jackson). Councilmember Wildi moved to approve a 44 foot height variance. Councilmember Youmans seconded. Vote by Council was 4 in favor (Hughes, Youmans, Remeta, Wildi); 2 opposed (O'Dell, Jackson). Councilmember Hughes moved to adopt Section 9 -4 -32 Cable T.V. Franchise on its second reading. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Hughes moved to adopt Section 2 -4 -10.1 Drug Free Workplace on its second reading. Councilmember Wildi seconded. City Administrator Fripp said that we need this ordinance for clarification. A 60 day notice must be given to employees before we implement this program. The City will have no say on who is selected for testing. Vote by Council was 5 in favor (Hughes, Remeta, O'Dell, Wildi, Jackson); 1 opposed (Youmans). Bills for the month of April were reviewed, found in order and recommended to be paid as follows: General Government 53,166.04 Police 55,099.17 Fire 19,774.64 Public Works /Sanitation 37,227.45 Environmental /Community & Cultural Affairs 14,959.11 Water /Sewer 90,560.20 Fund Three 5,240.00 Some of these figures reflect journal entries by the auditor. Mayor Locklear stated that hearing no objections the bills stand approve. Councilmember Hughes informed Council about the Drug Free Workplace Certification that each employee will be asked to sign. Councilmember Hughes moved to accept the renewal from GMA for the City's liability coverage for 95/96 in the amount of $79,023.00 using the payment option 2. Councilmember Youmans seconded. Vote by Council was unanimous. 1 1 Councilmember Hughes moved to deny an ante litem claim by Marian Proper. Councilmember Wildi seconded. Vote by Council was unanimous. Councilmember Hughes moved to accept the 1994 City audit. Councilmember O'Dell seconded. Vote by Council was unanimous. Councilmember Hughes motioned to move monies in the amount of $20,000.00 from Fund Three for the construction of public rest rooms on Third Street, explaining a grant has been applied for and if we get the grant we will replace the monies in Fund Three. Councilmember Youmans seconded. Vote by Council was unanimous. Councilmember Youmans moved to rescind the request from Department of Natural Resource for permission to construct a causeway or bridge to Salt Meadows. Councilmember Wildi seconded. Vote by Council was 5 in favor (Hughes, Youmans, Remeta, Wildi, Jackson); 1 opposed (O'Dell). Councilmember O'Dell said that this is not an active file with DNR. Mrs. Fripp said that the file is not active because the engineer study was not done. Councilmember asked that any decision on the Genesis Program be postponed until next month as he has been ill and has not been able to ask the surrounding neighbors what their feeling are concerning having this project in their area. Councilmember Jackson moved to accept a bid from Southern Champion construction in the amount of $318,684.00 for the Treatment Plant Modifications Mechanical Bar Screen. Councilmember Youmans seconded. Councilmember Jackson said the only other bid was from All South Utilities, Inc. in the amount of $318,950.00. Vote by Council was unanimous. As there was no further business to come before Council the meeting was adjourned at 9:30 P.M. Mayor James P. Locklear Clerk of Council, JRB 1 P R O C L A M A T I O N WHEREAS, The office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, The office of the Municipal Clerk is the oldest among public servants, and The office of the Municipal Clerk provides the professional link between the citizens,,the local government bodies and agencies of government at other levels, and The Municipal Clerk has pledges to be ever mindful of their neutrality and impartiality, rendering equal service to all The Municipal Clerk serves as the information center on functions of local government and community. The Municipal Clerk continually strives to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Now, Therefore, I, James P. Locklear, Mayor of the City of Tybee Island, do recognize the week of May 7 through May 13, 1995, as Municipal Clerks Week, and further to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Attest: Adopted this 11th day of May, 1995. Mayor James P. Locklear t3 4,v Ant 1 P R O C L A M A T I O N WHEREAS, The Gulfstream Management Association will host the annual Management Week in America celebration during the week of June 4 - 10, 1995; and WHEREAS, The purpose of Management Week in America is to enhance the knowledge and understanding of the principles of our American Economic System in the surrounding communities and their schools; and WHEREAS, During Management Week in America, the goals are to continue developing and implementing various community services and activities to aid in community development and set examples on how industry can assist the economic growth in its community; now Therefore, I, James P. Locklear, Mayor of the City of Tybee Island, do hereby proclaim the week of June 4 - 10, 1995, as "MANAGEMENT WEEK IN AMERICA" throughout our city in support of this important and worthwhile endeavor. Adopted this 11th day of May, 1995. 0.w•tJ Mayor James P. Locklear Cle of ouncil, JRB 1 1 WHEREAS, WHEREAS, WHEREAS, WHEREAS„ P R O C L A M A T I O N Nursing Homes are a blessing to the patients and the families who use their facilities, and Nursing Homes provide 24 hours each day the medical, outstanding nursing, and the psychosocial care to the patients entrusted to their care, and The City of Tybee Island is fortunate to have two of the finest nursing homes in the world, and Savannah Beach and Oceanside Nursing Homes meet all the requirements of the State of Georgia, plus the staff gives extra tender loving care to all patients and families on a daily basis. NOW, THEREFORE, I, James P. Locklear, Mayor of the City of Tybee Island, in recognition of the two nursing homes in our city and of the citizens of our community who reside there, do hereby proclaim the week of May 14 - 20 as: "National Nursing Home Week on Tybee Island" and urge all citizens to be mindful of the contributions of the nursing homes, their staff members, and their residents. Adopted this 11th day of May, 1995. 0.vt-u � C Mayor James P. Locklear 1 1 1 Dma Iqqs- AN ORDINANCE AMENDING THE CITY OF TYBEE ISLAND'S CABLE TELEVISION FRANCHISE AGREEMENT. WHEREAS, the CITY COUNCIL of TYBEE ISLAND, GEORGIA awarded a fifteen (15) year Cable Television Franchise to TYBEE CABLE TV, Inc. ( "TCTV ") on February 6, 1980, and; WHEREAS, the term of the franchise was extended by action of the City Council on May 11, 1989, for a period of ten (10) years to expire on February 6, 2005, and; WHEREAS, the above franchise originally issued to Tybee Cable T.V., Inc., was transferred with the consent of the City Council on October 10, 1991, to U.S. CABLE OF LAKE COUNTY, d /b /a/ U.S. CABLE COASTAL PROPERTIES; hereinafter, US CABLE and; WHEREAS, Section 14 (now Article 9 -4 -32 of the Tybee Island Code of Ordinances) of the above franchise states that: "Section 14. TCTV shall pay to the City of Tybee Island, in lieu of any license fee or tax, a franchise fee of a sum equal to three (3 %) percent of its gross annual receipts for subscriber service paid by residents of the City franchise area. Provided however, that fees for premium television programming paid by TCTV shall be deducted from gross annual receipts prior to computation of the City's franchise fee. Provided also however, that in the event hereafter the City shall enact a Business License Tax all sums paid hereunder shall be credited against such tax. No payment shall be due to the City on receipts from installation, connection, or reconnection charges, deposit fee or fees received from premium television programming, set out in the TCTV published rates. Provided however, that the first payment of this fee shall be made on or before the 15th day of April, 1981, for the calendar year 1980 and on the 15th of April each year thereafter for the previous calendar year. Calendar year shall mean January 1 through December 31. Provided however, that semi - annual payments rather that annual payments may be made if such is agreeable to both TCTV and to the City of Tybee Island." and; WHEREAS, on May 11, 1989, the City Council authorized the modification of the franchise fee percentage originally described in Section 14 of the franchise as 3% to 5 %, and; WHEREAS, the City Council of Tybee Island desires to increase the annual franchise fee paid by U.S. Cable to 5% of the Grantee's gross revenue and incorporate into the franchise agreement itself certain past actions. 1 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TYBEE ISLAND, THAT: 1. Section 14 of the City's Cable Television Ordinance and Article 9 -4 -32 of the Tybee Island Code of Ordinances shall be deleted and a new Section 14 and Article 9 -4 -32 shall be inserted as follows: Grantee shall pay to the City of Tybee Island, a franchise fee equal to 5% of Gross Revenues. Such sum shall be remitted quarterly during the months of January, April, July and October for the previous three (3) month period. Gross Revenue shall mean all revenue received either directly or indirectly by the grantee or its affiliated entities from or in connection with the distribution of any service ont he system or the provision of any service related activity in connection with the grantee's system. Gross Revenue shall not, however, include any taxes imposed and /or assessed by law on subscribers (such as State sales r \taxes) that the Grantee collects and pays in full to the applicable authorities. Additionally, gross revenue shall not include franchise fees. The grantee may itemize on subscriber bills fees and taxes to the extent permitted by FCC regulation. 2. All other provisions of the City of Tybee Island's Cable Television Agreement with US Cable shall remain unaltered. However, those portions of a previous action by the City which granted an extension to the term of the franchise of an additional ten (10) years with an expiration of the franchise on February 6, 2005, adopted on May 11, 1989, and the subsequent consent by the City Council dated October 10, 1991, transferring the franchise to US Cable shall be made part of the franchise itself through this amendment. 3. This Ordinance shall be effective on passage by the City Council and first payment to be made based on the provisions of the Ordinance shall be calculated for the 2nd quarter period beginning April 1, 1995, and be due and payable to the City during July 1995. C.rn-‘,1 • Mayor James P. Locklear q Adop �k 11 (A tet Date 1 1 1 6rd IgQ5- `1 2 -4 -10.1 DRUG FREE WORKPLACE (a) It is the official position and policy of the City of Tybee Island that drug abuse effects productivity, health, and accident claims, absenteeism, employee turnover and the moral of other workers. Behind these statistics is a great deal of human suffering, lost time money and productivity, financial and legal troubles, loss of interest in things and people once loved and enjoyed. It is therefore the City's position that its employees must abide by the policy hereinafter set forth as a prerequisite to employment and to continued employment, and any employee found in violation of this policy will be subject to disciplinary action up to and including termination and /or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment. (b) It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U. S. C . S . 701et. sect. (c) It is the policy of the City of Tybee Island that no employee shall engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance as defined by O.C.G.A. 16 -13 -25 through 16 -13 -29 in the City's workplace and any violations thereof shall result in discipline. (d) The City shall publish a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the City's workplace and specifying that disciplinary action including reprimand, suspension without. pay, administrative leave, probation, demotion and all possible forms of discipline, up to and including termination, may be imposed for any violation, and /or mandatory attendance and successful completion of a drug abuse assistance or similar program may be imposed as a condition of continued employment. (e) The City of Tybee Island hereby established a drug free awareness program to inform employees about: i) The dangers of drug abuse in the workplace; ii) The City's policy of maintaining a drug -free workplace; iii) Any available drug counseling, rehabilitation, and employee assistance program; and iv) The penalties that may be imposed upon employees for drug abuse violation. (f) The City of Tybee Island is required to provide each employee with a copy of the statement described above and 1 1 1 with notice that as a condition of employment, the employee will abide by the terms of such statement and will notify the City of any criminal drug statute conviction for violation occurring in the workplace no later than five (5) days after such conviction. (g) The City of Tybee Island will notify any granting agency as defined in the Drug Fee Workplace Act, within ten (10) days after receiving notice of a conviction from an employee or otherwise receiving actual notice of such conviction and will impose a sanction on or require the satisfactory participation in a drug abuse assistance rehabilitation program by any such convicted employee as required by 41 U.S.C. 703 within thirty (30) days of notice of such conviction. (h) The City of Tybee Island will make good faith efforts to maintain a drug free workplace through implementation of the provisions hereof and the Drug Free Workplace Act, 41 U.S.C. 701 et.seq. ADOPTED THIS 11TH DAY OF MAY, 1995. I 00,0,51 lw Mayor James P. Locklear to ncil Drug -Free Workplace Certification The City of Tybee Island has certified that it will provide a drug -free workplace. A statement of this policy is provided. The policy states that the unlawful manufacture, . distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace. The employee is further prohibited from engaging in such illegal activities at all times and places, including non - working hours. Controlled substances are described in schedules I through V, Georgia Code Sections 16- 13-25 through 16- 13 -29. The policy statement requires an employee, as a condition of employment, to notify the City Administrator of any criminal drug statute conviction no later than five (5) days after such conviction. The policy also describes the procedure for the random drug- testing of employees. The employee is aware that drug abuse violations will have penalties of appropriate personnel action up to and including dismissal. The employee may be required to participate in an appropriate drug abuse assistance or rehabilitation program. I acknowledge receiving a copy of this policy statement. I have read this statement. I will comply with this policy. Employee Signature Date Supervisor's Signature Date GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY (GIRMA) RENEWAL CONTRIBUTION WORKSHEET FOR 5/1/95 -96 MEMBER: City of Tybee Island LIMIT OF LIABILITY SELECTED: 1,000,000 TOTAL PROPERTY VALUES COVERED: 3,679,865 EXCEPTIONS: Includes Prior Acts Coverage on Police and Public Officials Liability. Retroactive Date of 7/1/92. 1995 -96 GIRMA CONTRIBUTION PER OCCURRENCE 1995 -96 1995 -96 1995 -96 DEDUCTIBLE* CONTRIBUTION RENEWAL CREDIT BALANCE DUE $2,500 , $79,023 $0 $79,023 *This deductible will apply to all losses and all lines of coverage subject to a maximum of one deductible for all claims arising from a single occurrence. PAYMENT TERMS Please circle below the payment option that you desire: Payment of 100% of the 1995 -96 balance due by May 15, 1995. Payment of 50% of the 1995 -96 balance due by May 15, 1995; remaining balance paid by June 30, 1995. Option 1 Option 2 Option 3 Payment of 50% of the 1995 -96 balance due by May 15, 1995; remaining balance paid monthly in 5 equal installments (an installment fee of 11% will be applied to the balance due). PLEASE SIGN, DATE AND RETURN THIS FORM WITH A CHECK FOR THE PAYMENT OPTION SELECTED IN THE ENVELOPE PROVIDED TO: GIRMA Dept. 1192 P.O. Box 105544 Atlanta, GA 30348 -5544 The extra copy is for your records. ACCEPTED FOR THE City of Tybee Island Date 1. HUSSY, GAY, SELL & DEYOUNG. INC. CONSULTING ENGINEERS May 4, 1995 Mr. Matt Broom Southern Champion Construction, Inc. 133 Airport Park Drive Savannah, Georgia 31408 RE: TREATMENT PLANT MODIFICATIONS MECHANICAL BAR SCREEN TYBEE ISLAND, GEORGIA Dear Matt: Forwarded herewith are three (3) sets of contract documents for the above referenced project. Please have executed on behalf of the contractor and return to me for execution by the City of Tybee Island. Please include a Certificate of Insurance and Construction Bar Schedule. Please affix the corporate seal where applicable. Please call if you have any questions. Sincerely, BEASLEY PROJECT REPRESENTATIVE IB /nal Enclosure cc: Rowena Fripp Bob Whelchel -.OY HUSSEY. P.E. ;ENIAMIN E. CAS. ' E. :US H -- I.iCHABC 3 Yf•'. ?.c: 29 C.;,.,1%1ER(1..'.L . R :vE 3.2':. -_ - _1., _ '9121 = °_S -- 5Z%. X: 'i12 35.1,-...)7E2. 1 THIS AGREEMENT made the day of in the year Nineteen Hundred and Ninety Five by and between Southern Champion Construction, Inc. hereinafter called the Contractor and the City of Tybee Island, Georgia, hereinafter called the Owner. WITNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows: ARTICLE 1. The Contractor agrees to provide all the materials, equipment and labor necessary for the complete construction of all the work shown on the Plans and described in the Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., for the City of Tybee Island, Georgia, and to do everything required by the Specifications and Plans. ARTICLE 2. The Contractor agrees that the work contemplated by the Contract shall be entirely completed on or before 1 a0 cal Pna ar nays after Notice to Proceed ARTICLE 3. The Owner agrees to pay the Contractor in current funds for the performance of this Contract the sum of Three Hundred Eighteen Thousand Six Hundred Eighty Four and no /100 Dollars ($ 318,684 . 0 0 ) subject to additions and deductions as provided for in the Specifications and to make payments on account of the Contract as provided for in the Specifications, except as hereinafter stated: None 1 1 ARTICLE 4. The contractor and Owner agree that the Specifications and the Plans. and all Addenda thereto together with this Agreement, form the Contract and that : >uch Specifications and Plans are as fully a part of the Contract as if attached or herein repeated. The Contractor and the Owner agree that the following is a complete list of the Plans and the Specifications: Specifications dated February, 1995 Addendum No. 1 dated April 24, 1995 Addendum No. 2 dated April 26, 1995 The Contractor and the Owner for themselves. their successors, executors. administrators and assigns hereby agree to the full performance of the covenants herein contained. 1 1 IN WITNESS WHEREOF they have hereunto set their hands and seals the day and year first above written. In the presence of: CONTRACTOR: Southern Champion Construction, Inc. Witness: By: Witness: Attest: OWNER: City of Tybee Island, Georgia Witness: gy Witness: Attest: 3 1 1 1 PAYMENT BOND THIS BOND IS EXECUTED TOGETHER WITH ANOTHER BOND IN FAVOR OF THE OWNER AS OBLIGEE CONDITIONED UPON PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That Southern Champion Construction, Inc., 133 Airport Park Dr. (Legal Title and Address of the Contractor) Savannah, Georgia 31408 as principal (hereinafter referred to as "Principal"), and (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety "), are held and firmly bound unto City of Tybee Island, Georgia as Obligee (hereinafter referred to as "Owner "), for the use and benefit of claimants defined. hereinafter, in the amount of Three Hundred Eighteen Thousand Six Hundred Eighty Four and no /100 Dollars ($ 318,684.00 (Insert Contract Amount) ), to which payment principal and Surety bind themselves. their heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated for TREATMENT PLANT MODIFICATIONS OF TYBEE ISLAND. GEORGIA in accordance with Plans and Specifications prepared by Hussey, Gay, Bell and DeYoung, Incorporated. Consulting Engineers which contract is incorporated herein by reference and made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDPITON OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials supplied in the prosecution of the work provided for in said Contract. then this obligation shall be null and void: otherwise it shall remain in full force and effect. subject. however. to the following conditions: PAYMENT BOND 1 1 1 1. The said surety to this bond, for value received. hereby stipulates and agrees that no change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work to be performed thereunder. or the specifications or plans accompanying same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change or changes. extension or extensions of time. alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or plans. 2. A claimant is defined as any subcontractor and any person supplying labor, materials. machinery, or equipment in the prosecution of the work provided for in said Contract. 3. Every person entitled to the protection hereunder and who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in said bond before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him, or materials or equipment or machinery was furnished or supplied by him for which such claim is made, or when he has completed his subcontract for which claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof. unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgement for the sum or sums due him; provided, however, that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing said payment bond shall have the right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the day on which such person did or performed the last of the labor, or furnished the last of the materials or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished or supplied or for whom the labor was performed or done; provided further that nothing contained herein shall limit the right of action to said 90 day period. Notice may be served by depositing a notice, registered mail, postage prepaid, duly addressed to the Contractor at any place he maintains an office or conducts his business, or his residence, in any post office or branch post office or any letter box under the control of the Post Office Department or, notice may be served in any manner authorized by law to serve summons or process. Every suit instituted under this Section shall be brought in the name of the claimant without Owner being made a party thereto. The official who has the custody of said bond is authorized and directed to furnish. to any person making application therefore who submits an affidavit that he had supplied labor or materials for such Work and payment therefore has not been made, or that he is being sued on any such bond, a copy of such bond and the contract for which it was given. certified by the official who has custody of said bond; this copy shall be primary evidence of said bond and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, but in no case shall the fee exceed the fees which the clerks of the superior courts are permitted to charge for similar copies. 4. No action can be instituted on this bond after one year from the date of the final certificate of the Engineer. PAYMENT BOND 2 1 1 1 5. Further, this bond shall be considered the same as a bond furnished under Section 23 -1705 et seq., of the Code of Georgia, as amended. and all provisions of law pertaininz to bonds furnished under said Section shall pertain hereto. Signed and sealed this day of A.D. 199 IN THE PRESENCE OF: (SEAL) (Principal) (Title) (SEAL) (Surety) (Title) PAYMENT BOND 3 1 1 1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS That Southern Champion Construction, Inc., 133 Airport Park (Legal Title and Address of the Contractor) Drive, Savannah, GA 31408 as Principal (hereinafter referred to as "Principal. "), and (Legal Title and Address of Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto City of Tybee Island, Georgia as Obligee (hereinafter referred to as "Owner "), in the amount of Three Hundred Eighteen Thousand Six Hundred Eighty Four and no /100 ($ 318,684.00 (Insert Contract Amount) to which payment Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has entered into a contract with Owner dated for TREATMENT PLANT MODIFICATIONS for the City of Tybee Island. Georgia in accordance with Plans and Specifications prepared by Hussey, Gay, Bell & DeYoung, Inc., Consulting Engineers, which contract is incorporated herein by reference and made a part hereof. and is hereinafter referred to as the Contract. PERFORMANCE BOND 1 1 1 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform and comply with the terms and conditions of said contract; and shall indemnify and save harmless the Owner against and from all costs. expenses, damages, injury or loss to which said Owner may be subjected by reason of any wrong doing, including patent infringement, misconduct. want of care or skill. default or failure of performance on the part of said Principal, his agents. subcontractors or employees. in the execution or performance of said contract. then this obligation shall be null and void: otherwise it shall remain in full force and effect, subject. however, to the following conditions: 1. The said Surety to this bond, for value received, hereby stipulates and agrees that no change or changes, extension or extensions of time. alteration or alterations or addition or additions to the terms of the contract or to the work to be performed there- under, or the specifications or plans accompanying same shall in any wise affect its obligation on this bond. and it does hereby waive notice of any such change or changes, extension or extensions of time, alteration or alterations or addition or additions to the terms of the contract or to the work or to the specifications or plans. 2. If pursuant to the contract documents the Contractor shall be declared in default by the Owner under the aforesaid Contract, the Surety shall promptly remedy the default or defaults or shall promptly perform the Contract in accordance with its terms and conditions. It shall be the duty of the Surety to give an unequivocal notice in writing to the Owner within twenty-five (25) days after receipt of a declaration of default of the Surety's election either to remedy the default or defaults promptly or to perform the contract promptly, time being of the essence. In said notice of election, the Surety shall indicate the date on which the remedy or performance will commence, and it shall then be the duty of the Surety to give prompt notice in writing to the Owner immediately upon completion of (a) the remedy and/or correction of each de- fault, (b) the remedy and/or correction of each item of condemned work, (c) the furnishing of each omitted item of work, and (d) the performance of the contract. The Surety shall not assert solvency of its Principal as justification for . its failure to give notice of election or for its failure to promptly remedy the default or defaults or perform the contract. 3. Supplementary to and in addition to the foregoing, whenever the Owner shall notify the Surety that the Owner has notice that the Contractor has f- .i1°f? to pay any subcontractor, materialman, or laborer for labor or materials certified by the :tor as having been paid for by the Contractor, the Surety shall, within 30 days of receipt of suc.. _.;,ace. cause to be paid any unpaid amount for such labor or materials. 4. It is expressly agreed by the Principal and the Surety that the Owner. if he desires to do so, is at liberty to make inquiries at any time of subcontractors, laborers. materialmen, or other parties concerning the status of payments for labor, materials. or services furnished in the prosecution of the work. PERFORMANCE BOND 1 1 5. The Surety agrees that other than as is provided in this bond it may not demand of the Owner that the Owner shall (a) perform any thing or act, (b) give any notice, (c) furnish any clerical assistance, (d) render any service, (e) furnish any papers or documents, or (f) take any action of any nature or description which is not required of the Owner to be done under the contract documents. 6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the legal successors of the Owner. Signed and sealed this IN THE PRESENCE OF: day of A.D. 199 PERFORMANCE BOND (SEAL) (Principal) (Title) (Surety) (SEAL) (Title) 3 1 1 1 1 1 1 1 1 1 BID PROPOSAL CITY OF TYBEE ISLAND BUTLER AVENUE POST OFFICE BOX 2749 TYBEE ISLAND, GEORGIA 31328 -2749 ATTENTION: ROWENA FRIPP CITY ADMINISTRATOR PROJECT 1TILE: TREATMENT PLANT MODIFICATIONS Pursuant to the Advertisement for TREATMENT PLANT MODIFICATIONS, the Bidder proposes to furnish all materials, machinery, equipment., tools and other means of construction, and to do and perform all work at prices as hereinafter set forth and in accordance with Plans and Specifications, and Addenda thereto, on file in the offices of the City of Tybee Island, Georgia and in the office of Hussey, Gay, Bell & DeYoung, Inc., 329 Commercial Drive, Savannah, Georgia, 31406. FIRST. In submitting this Bid proposal, the undersigned bidder understands and agrees to the Instructions and Information to Bidders. The Bidder acknowledges that he has received and examined the Plans and Specifications, and has informed himself of all Addenda thereto, and of the form of the Contract and Public Contractor's Bond to be furnished in the event he is the successful bidder and is awarded the Contract. SECOND. The Undersigned Bidder agrees, if the successful bidder, to execute the contract in form as set forth in the Specifications and to fumish a Performance Bond in an amount of 100 percent of the Contract amount as security for the faithful performance of the Contract and a Payment Bond in an amount of 100 percent of the Contract amount for the payment of all persons performing labor and/or furnishing materials in connection with the Contract and the fulfillment of such guarantees as are hereinafter specified, and insurance as set forth in the Specifications, all within 10 days of receiving notice of award of contract by the Owner. THIRD. The Undersigned Bidder further agrees to begin the work on receipt of the executed contract and Notice to Proceed and to prosecute said work so as to complete work except as otherwise specified under this Contract within the time as specified in the Special Conditions. BID PROPOSAL 1 1 FOURTH. The Undersigned Bidder further agrees to guarantee performance of all work in accordance with the Plans and Specifications and in a good and workmanlike manner. and to replace or repair any work which may be rejected due to defective materials or workmanship prior to final completion. and acceptance of the project by the Owner or during the guarantee period as required by the Specifications. ,IIDE. The Undersigned Bidder further agrees to indicate on his Bid Proposal. in the space provided for that purpose. the names of the Contractor and Subcontractors who will perform the work if his proposal is accepted. SIXTH. The Undersigned Bidder agrees to submit, as and when required, prior to award of the Contract the following: (a) Such catalogs, drawings, specifications, descriptive information and other details as to special equipment or material bidder proposes to furnish for the work, to permit an evaluation of the merits thereof and determination as to whether such special equipment or materials comply with the specifications, in addition to those required by the Instructions and Information to Bidders. (b) A properly executed affidavit of non - collusion. (c) Statements of experience, capital and equipment available, and certified financial statements, in accordance with the provisions of Instructions and Information to Bidders. SEVENTH. The Undersigned Bidder proposes to furnish all materials, machinery, equipment, tools, labor, supervision and other things specified or required and to perform all work necessary to carry out and satisfactorily complete the construction project described in the Contract Documents in the manner and within the times specified in the Contract Documents. EIGETH. The Undersigned Bidder agrees to pay to the Owner, Liquidated Damages as stated in the Special Conditions for each consecutive calendar day (Sundays and legal holidays excluded) of delay in an amount not to exceed $1,000.00 per day. .i`. The Undersigned Bidder acknowledges and certifies that he has examined the site of the work by personal investigation and is familiar with the on -site conditions and requirements of the work, including the materials to be excavated; that he has made his own interpretations and satisfied himself by his own investigations and research regarding labor and materials needed; that this Bid Proposal is made in sole reliance thereon; and that any information and/or data obtained from the Owner or Engineer will not be used as a basis for any claim in regards to this project. BID PROPOSAL 2 i :11 r 1 1 i 1 I. SCHEDULE OF BID PROPOSAL The Bidder must fill in the unit prices in figures. make extensions of each item and total as indicated. For complete information concerning these items. see Plans and Specifications. TREATMENT PLANT MODIFICATIONS BID SCHEDULE FEBRUARY. 1995 ITEM ESTIMATED UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE 1. Mechanical screen, screw conveyor and odor control. including furnishing all material and equipment and performing all labor necessary for a complete operational system. JOB LS $ 67&4: cx� 2. Aluminum covers LS LS $ 3. Concrete coatings LS LS $ 4 tl oc . BID PROPOSAL TOTAL ALL "777K S /P-; 3 1 1 1 II. :11•►• • II: :M •; • : s • ;•k• : The following tabulation lists the various Contractors whose prices were used in preparation of the Bid and who will be used to accomplish the respective items of work. DESCRIPTION OF WORK -L- BID PROPOSAL NAME AND ADDRESS OF SUBCONTRACTORS INCLUDED •-: v- (..:/ A 4 1 1 1 1 1 1 1 'U \ 1 R • :ID 't11'0 Submitted in the following list are the names of manufacturers of Equipment Items upon which the BID PROPOSAL is based. The manufacturers listed are selected by the Bidder from those names stated in the Specifications or from the names of manufacturers furnishing equipment equal to that required by the Specifications. Equipment included in the Schedule shall conform fully in every respect to the requirements of the respective parts and sections of the Specifications. Equipment which is a "standard product" with the manufacturer shall be modified, redesigned from the standard mode, if necessary, or shall be furnished with special features or accessories or of special materials or with special finishes as may be necessary to conform to the requirements of the Specifications. MANITACEIREK DESCRIPTION OF EQUIPMENT INCLUDED IN BID 1.1 BID BID PROPOSAL L r 7"--,AV� -, 5 1 1 1 IV. CERTIFICATION AND EXECUTION We hereby attest that we have ( ) have not () [check appropriate space] previously performed work subject to President's Executive Order No. 11246 and 11375, as amended, pertaining to employment practices and obligating us to non - discrimination against any employee or applicants for employment because of race, color, creed, sex or national origin. Enclosed herein is Proposal Guarantee in the form of Bid Bond in the amount of [0% c F XA^O0"r' 13 it) ($ ) payable to the City of Tybee Island, Georgia. The amount of the Proposal Guarantee is at least ten (10) percent of the amount of the Total Bid as required by the Advertisement for Bids and by the Instructions and Information to Bidders. Receipt is acknowledged of the following addenda: Addenda 44- 1 , # Z , ,• WITNESS our hands and seal this 27' day of /4/31/2icr , 1995 . INDIVIDUAL OR PARTNER- SHIP EXECUTION Co- partners doing business under name and style of BID PROPOSAL 6 1 E 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 y CERTIFICATION AND EXECUTION (CONTINUED) CORPORATE EXECUTION (Corporate Seal) MAILING ADDRESS PHONE NUMBER ADDRESS Sc o h ?k.) 61-f-rarYI Piu) arts i. �3�1 Si�i�I BLS COcXLt i oc4c-. _, 8 `f A Corporation of the State of ,,E 2G /Pr By yt„„a„_.1 M . LJI c U Rn'vl Ct. (( -Z6,O '1. Pte s Oev 3 891 57F4tejl 'COL i 7-cetaia 3cOM 404- Z"IO`9000 i ZtP, L,A 3aob BID PROPOSAL 7 meStPaul ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company BID BOND Approved by The American Institute of Architects, A. I. A. Document A 310 Feb. 1970 Edition KNOW ALL MEN BY THESE PRESENTS , that we Southern Champion Construction, Inc. as Principal, hereinafter called the Principal, and the ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tybee Island, Georgia as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of Principal's Bid Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. IIHEREAS, the Principal has submitted a bid for Treatment Plant Modifications, Tybee Island, Georgia NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of 540(ael/Q1L.)) 143 (Witness) 1 (Witness) 13250 Rev. 5 -79 Printed in U.S.A. April Sou _ rn Champion A. D. 19 95, on, Inc. (Title) St. Paul Fire and Marine Insure ce Company (Surety) 7 i`fl � . t .� y � By �f (Attoiney- in-fact) j Margaret S. Meyers Printed with permission of The American Institute of Architects (Seal) (Seal) meStPaid Surety ST. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF 385 Washington Street. St. Paul. Minnesota 55102 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1- 800 -421 -3880 and as.. :or COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individualts). F -12771 GENERAL POWER OF ATTORNEY - CERTIFIED COPY 1 'i.3 .� G 9 42 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul. Minnesota. does hereby constitute and appoint: Travis G. Huffines, Scott E. Russell, Margaret S. Meyers, Timothy E. Barnhardt, Charlotte J. Ericson, Carl R. Wise, Thomas M. Beman, Dave Ilenritze, Dale Sims, individually, Atlanta, Georgia its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed. required or permitted by law. statute. rule, regulation. contract or otherwise. NOT TO EXCEED IN PENALTY TEE SUM OF TWENTY—FIVE MILLION DOLLARS ($25.000,000) EACH and the execution of all such instrument(s) in pursuance of these presents. shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed. and may be certified to and may be revoked. pursuant to and by authority of Article V.- Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April. 1978. of which the following is a true transcript of said Section 6 (C): "The President or any Vice President. Assistant Vice President. Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys -in -fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and (2) To appoint special Attomeys -in -fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 5th day of May, 1959, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF. St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer. this 30th day of November. A.D. 1990. ST. PAUL FIRE AND MARINE INSURANCE COMPANY STATE OF NEW JERSEY l ss County of Sommerset J ‘k\k). Jo7 1v� MICHAEL B. KEEGAN. Secretary On this 13th day of October . 19 94 . before me came the individual .■ '.ecuted the preceding instrument. to me personally known. and. being by me duly sworn. said that he /she is the therein described and authorized officer of St. 1 .tul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal. at the township of Bedminster. New Jersey. the day and year first above written. LINDA SME` HERS. Notary Public. Middlesex. NJ My Commission Expires December 16. 1996 CERTIFICATION I, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof. and of the whole of the said originals. and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 27th day of April ,19 95 MICHAEL W. ANDERSON. Asst. Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies. carbon copies or other reproductions of this document are invalid and not binding upon the Compan. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 29550 Rev. 6 -94 Printed in U.S.A.