2019 -5 -28 PORT AUTHORITY MEMO.PDF 5.e. Appointment to ...

AGENDA

CITY COMMISSION MEETING

www.pcgov.org

May 28, 2019 8:00am

Opening Prayer with Pastor Darrell Kelly of the Free Spirit Community Church.

Pledge of Allegiance to the Flag.

Roll Call and Approval of Minutes for the May 14, 2019 City Commission meeting.

2019-5-14 MINUTES.PDF

Audience Participation

Mayor's Report

Mission BBQ Gift Presentation.

First Notification of opening on the Municipal Police Officers' Pension Trust Fund.

2019-05-28 POLICE MEMO.PDF

Appointment to the Panama City Airport Authority.

2019-5-28 AIRPORT AUTHORITY BOARD.PDF

Appointment to the Panama City Port Authority.

2019-5-28 PORT AUTHORITY MEMO.PDF

Appointment to the Panama City Housing Authority.

2019-5-28 HOUSING AUTHORITY MEMO.PDF

Appointments to the Panama City Planning Board.

2019-5-28 PLANNING BOARD MEMO.PDF

Appointment to the Public Employee Relations Commission.

2019-05-28 PUBLIC EMPLOYEES RELATIONS COMMISSION MEMO.PDF

Ratify the 5th Member of the Civil Service Board.

2019-05-28 CIVIL SERVICE BOARD MEMO RATIFICATION BECKER.PDF

City Attorney

Consideration of Ordinance 2687 amending the Municipal Police Officers' Pension Trust Fund

CITY ATTORNEY LETTER RE POLICE OFFICER PENSION.PDFORDINANCE 2687.PDF

Consideration of Resolution 20190528.2 St. Andrew Civic Club Truesdell Park.

CITY ATTORNEY LETTER RE TRUESDALE PARK.PDFRESOLUTION 20190528.2 ST ANDREW CIVIC CLUB MANAGEMENT AND ACCESS 5.22.19.PDF

City Clerk

Discussion of Resolution 20190528.1, Hurricane Tax Holiday.

20190528.1 RESOLUTION RECOGNIZING TAX HOLIDAY (1).PDF

Announce Runoff Election Results and Swearing In Ceremony on May 29, 2019.

2019 RUNOFF ELECTION RESULTS.PDF

Consent Agenda

Vacation Bible Study Kick-Off

VBS KICKOFF 6.9.19.PDF

Win Within Football Camp

Win Within Football Camp @ Tommy Oliver Stadium

WIN WITHIN FOOTBALL CAMP 6.29.19.PDF

Consideration of final payment in the amount of $64,289.25 to Waterfront Property Services, LLC (dba Gator Dredging) for the Lake Caroline North and Massalina Bayou dredging projects.

AGENDA ITEM REQUEST FORM FINAL PAYMENT.PDFFINAL PAY AGENDA BACK UP 05 23 19.PDF

City Manager

Consideration to award bid for Highway 390 - Dash 2 Utility Relocations to L & K Contracting Company, Inc., in the amount of $4,503,750.

HWY 390 DASH 2 AGENDA REQUEST.PDFHWY 390 DASH 2 BID TABULATION.PDF

Consideration of Approval of Change Order 9 to Marshall Brothers Construction and Engineering in the amount of $123,235.00 for the Phase I Improvements of the St. Andrews WWTF.

AGENDA FORM AND BACKUP - CO9 TO MBI 032819.PDF

Consideration for approval to negotiate the purchase for 2 passenger vans for the After School Assistance Program (ASAP)

AGENDA REQUEST - TWO VANS FOR ASAP 052419.DOCBACK UP - ASAP VANS.PDF

Consideration of change order from Hagerty for transportation assessment, intersection improvements.

AGENDA REQUEST - HAGERTY.PDFDRAFT CITY OF PANAMA CITY HAGERTY AMENDMENT 2 052119 HAGERTY.PDF

Consideration to award bid for the demolition of 711 W. Beach Drive, West Building, to Demolition Pros in the amount of $54,890.

711 W BEACH DR WEST BLDG DEMOLITION AGENDA REQUEST FORM.PDFDEMOLITION 711 W BEACH DR WEST BLDG BID TABULATION.PDF

Consideration of approval of short term lease for vacant property on West Beach Drive

CITY ATTORNEY LETTER RE BEACH DR LEASE.PDFVACANT LAND LEASE OF BEACH DR PROPERTY 5.20.19.PDF

Adjournment.

In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,

persons with disabilities needing special accommodation to participate in this proceeding should

contact the City's Human Resources Department prior to the proceeding at telephone (850) 872-

3014 for assistance; if hearing impaired, telephone (850) 872-3028 (TDD) for assistance. If a

person decides to appeal any decision by the City Commission with respect to any matter

considered at this meeting, he or she will need a record of the proceeding and for such purpose,

he or she may need to insure that a verbatim record of the proceeding is made, which record

needs to include the testimony and evidence upon which the appeal is to be based. (286.015) The

Agenda and supporting documentation is available on the City's website on Monday afternoon

preceding the regularly scheduled Tuesday City Commission meeting.

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AGENDA

CITY COMMISSION MEETING

www.pcgov.org

May 28, 2019 8:00am

Opening Prayer with Pastor Darrell Kelly of the Free Spirit Community Church.

Pledge of Allegiance to the Flag.

Roll Call and Approval of Minutes for the May 14, 2019 City Commission meeting.

2019-5-14 MINUTES.PDF

Audience Participation

Mayor's Report

Mission BBQ Gift Presentation.

First Notification of opening on the Municipal Police Officers' Pension Trust Fund.

2019-05-28 POLICE MEMO.PDF

Appointment to the Panama City Airport Authority.

2019-5-28 AIRPORT AUTHORITY BOARD.PDF

Appointment to the Panama City Port Authority.

2019-5-28 PORT AUTHORITY MEMO.PDF

Appointment to the Panama City Housing Authority.

2019-5-28 HOUSING AUTHORITY MEMO.PDF

Appointments to the Panama City Planning Board.

2019-5-28 PLANNING BOARD MEMO.PDF

Appointment to the Public Employee Relations Commission.

2019-05-28 PUBLIC EMPLOYEES RELATIONS COMMISSION MEMO.PDF

Ratify the 5th Member of the Civil Service Board.

2019-05-28 CIVIL SERVICE BOARD MEMO RATIFICATION BECKER.PDF

City Attorney

Consideration of Ordinance 2687 amending the Municipal Police Officers' Pension Trust Fund

CITY ATTORNEY LETTER RE POLICE OFFICER PENSION.PDFORDINANCE 2687.PDF

Consideration of Resolution 20190528.2 St. Andrew Civic Club Truesdell Park.

CITY ATTORNEY LETTER RE TRUESDALE PARK.PDFRESOLUTION 20190528.2 ST ANDREW CIVIC CLUB MANAGEMENT AND ACCESS 5.22.19.PDF

City Clerk

Discussion of Resolution 20190528.1, Hurricane Tax Holiday.

20190528.1 RESOLUTION RECOGNIZING TAX HOLIDAY (1).PDF

Announce Runoff Election Results and Swearing In Ceremony on May 29, 2019.

2019 RUNOFF ELECTION RESULTS.PDF

Consent Agenda

Vacation Bible Study Kick-Off

VBS KICKOFF 6.9.19.PDF

Win Within Football Camp

Win Within Football Camp @ Tommy Oliver Stadium

WIN WITHIN FOOTBALL CAMP 6.29.19.PDF

Consideration of final payment in the amount of $64,289.25 to Waterfront Property Services, LLC (dba Gator Dredging) for the Lake Caroline North and Massalina Bayou dredging projects.

AGENDA ITEM REQUEST FORM FINAL PAYMENT.PDFFINAL PAY AGENDA BACK UP 05 23 19.PDF

City Manager

Consideration to award bid for Highway 390 - Dash 2 Utility Relocations to L & K Contracting Company, Inc., in the amount of $4,503,750.

HWY 390 DASH 2 AGENDA REQUEST.PDFHWY 390 DASH 2 BID TABULATION.PDF

Consideration of Approval of Change Order 9 to Marshall Brothers Construction and Engineering in the amount of $123,235.00 for the Phase I Improvements of the St. Andrews WWTF.

AGENDA FORM AND BACKUP - CO9 TO MBI 032819.PDF

Consideration for approval to negotiate the purchase for 2 passenger vans for the After School Assistance Program (ASAP)

AGENDA REQUEST - TWO VANS FOR ASAP 052419.DOCBACK UP - ASAP VANS.PDF

Consideration of change order from Hagerty for transportation assessment, intersection improvements.

AGENDA REQUEST - HAGERTY.PDFDRAFT CITY OF PANAMA CITY HAGERTY AMENDMENT 2 052119 HAGERTY.PDF

Consideration to award bid for the demolition of 711 W. Beach Drive, West Building, to Demolition Pros in the amount of $54,890.

711 W BEACH DR WEST BLDG DEMOLITION AGENDA REQUEST FORM.PDFDEMOLITION 711 W BEACH DR WEST BLDG BID TABULATION.PDF

Consideration of approval of short term lease for vacant property on West Beach Drive

CITY ATTORNEY LETTER RE BEACH DR LEASE.PDFVACANT LAND LEASE OF BEACH DR PROPERTY 5.20.19.PDF

Adjournment.

In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,

persons with disabilities needing special accommodation to participate in this proceeding should

contact the City's Human Resources Department prior to the proceeding at telephone (850) 872-

3014 for assistance; if hearing impaired, telephone (850) 872-3028 (TDD) for assistance. If a

person decides to appeal any decision by the City Commission with respect to any matter

considered at this meeting, he or she will need a record of the proceeding and for such purpose,

he or she may need to insure that a verbatim record of the proceeding is made, which record

needs to include the testimony and evidence upon which the appeal is to be based. (286.015) The

Agenda and supporting documentation is available on the City's website on Monday afternoon

preceding the regularly scheduled Tuesday City Commission meeting.

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https://www.pcgov.org/5a9b3ee4-b035-49a7-b438-bef1e2ef3d4d

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MINUTES CITY OF PANAMA CITY

CITY COMMISSION MEETING MAY 14, 2019 8:00 AM

__________________________________________________ 1.Opening Prayer with Reverend Glenn Milner from Family of God Baptist Church. 2. Pledge Of Allegiance To The Flag. 3. Roll Call And Approval Of Minutes for the April 23, 2019 City Commission Meeting.

City Clerk Darlene Hachmeister called the roll with the following members present: Mayor Greg Brudnicki, Commissioners Billy Rader, Mike Nichols, Jenna Haligas and Kenneth E. Brown. Also present: City Manager Mark McQueen and City Attorney Nevin Zimmerman.

Commissioner Rader moved to approve the minutes for the City Commission Meeting of April 23, 2019. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

4. Mayor's Report

4.a. Max Day Proclamation.

Mayor Brudnicki announced a Proclamation dedicating May 26, 2019 as Max Yanez Day for all of his recovery efforts to help Hurricane Michael victims.

4.b. First Notice of appointments to the Panama City Planning Board. Mayor Brudnicki announced available positions on the Panama City Planning Board. 4.c. First Notice of appointments to the Panama City Port Authority. Mayor Brudnicki announced available positions on the Panama City Port Authority.

4.d. First Notice of appointment to the Northwest Florida Beaches International Airport Board of Directors.

Mayor Brudnicki announced an available position on Northwest Florida Beaches International Airport Board of Directors. 4.e. Notice of appointments to the Panama City Housing Authority.

Mayor Brudnicki announced an available position on the Panama City Housing Authority and Commissioner Nichols moved to appoint Bobbie Jo Manbevers as the Resident Member. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

4.f. Appointment to the General Employee Pension Fund Board.

Commissioner Nichols moved to appoint Bill Allen to the General Employee Pension Fund Board. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

4.g. Appointment to the Civil Service Board.

Commissioner Nichols moved to reappoint Dave Randall to the Civil Service Board. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

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5. City Attorney 5.a. Approval of Grant Award Contract between Triumph Gulf Coast, Inc. and The City of Panama City and

Eastern Shipbuilding Group, Inc.; Approval Easement from Eastern Shipbuilding Group, Inc. to City of Panama City; and Approval of Lease between City of Panama City and Eastern Shipbuilding, Inc.

Attorney Mike Burke of Burke Blue presented the contract, easement and lease. Commissioner Nichols moved to approve the contract, easement and lease adding that Attorney Burke will negotiate procurement procedures. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

5.b. Ratification of Extensions to the Declaration of State of Emergency.

Commissioner Nichols moved to approve the ratification of Extensions. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

Mayor Brudnicki discussed the visit from President Donald Trump. He noted the commitment of the President to rebuild Tyndall Airforce Base, the addition of the 90/10 percentage dates of FEMA reimbursement and the commitment of additional funding from HUD.

5.c. Consideration of Resolution 20190514.1 extending the 1 year deadline for temporary residential units to 18 months.

Commissioner Rader moved to approve Resolution 20190514.1. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

The Resolution was read by title only as shown below:

RESOLUTION NO. 20190514.1

A RESOLUTION OF THE CITY OF PANAMA CITY, FLORIDA, PROVIDING FOR THE EXTENSION OF THE ONE (1) YEAR FROM THE DATE OF THE DECLARED EMERGENCY AS REQUIRED BY ORDINANCE 2673 TO NOW BE EIGHTEEN (18) MONTHS.

6. City Clerk

6.a. Presentation of the City's Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2018.

City Clerk-Treasurer T.D. Hachmeister said that this presentation serves as Public Notice that the City's Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2018 has been completed and that copies are available on the City's website. The City's financial statements received an unqualified audit opinion with no questioned cost. For 25 consecutive years the City has been awarded the Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association of the United States and Canada and the City believes the 2018 report will also meet the Certificate of Achievement requirements.

David Tipton and Jennifer Davidson of the audit firm presented the audit report for the Fiscal Year Ended September 30, 2018.

Commissioner Nichols moved to approve the City's Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2018. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

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6.b. Certification of the Final Vote Total for the April 16, 2019 election.

City Clerk-Treasurer T.D. Hachmeister announced the final vote total for the April 16, 2019 election. For Mayor: Greg Brudnicki received 2455, Michael Rohan received 1128 and Lynne Schneider received 401. For Ward 2: Kenneth Brown received 335, Toni Shamplain received 267 and Marquis Tyson received 74. A runoff election between Kenneth Brown and Toni Shamplain is required. For Ward 3: Billy Rader ran unopposed.

Commissioner Brown moved to approve the City's Final Vote Total for the April 16, 2019 election. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

7. Unfinished Business

7.a. Final reading of Ordinance 2680 FOG Fats, Oil and Grease.

Commissioner Nichols moved to approve Ordinance 2680. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

The Ordinance was read as a final reading by title only, as shown below:

ORDINANCE NO. 2680

AN ORDINANCE AMENDING CHAPTER 23 – UTILITIES – ADDING ARTICLE IX – FATS, OILS, AND GREASE CONTROL -TO THE GENERAL ORDINANCES; PROVIDING FOR THE FATS, OILS, AND GREASES (FOG) PROGRAM FOR THE PROPER DISPOSAL OF FATS, OILS, AND GREASES WITHIN THE CITY OF PANAMA CITY’S SEWAGE AND WASTEWATER SYSTEM; PROVIDING FOR ENFORCEMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CODIFIED; AND PROVIDING FOR AN IMMEDIATELY EFFECTIVE DATE.

8. Consent Agenda

8.a. Bay Pride Festival on June 6, 2019 from 12:00 noon to 7:00pm at McKenzie Park. 8.b. Consideration of final payment to Royal American Construction in the amount of $15,654.62 for LS 92

Improvements.

Commissioner Nichols moved to approve all items on the Consent Agenda. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

9. City Manager

9.a. Consideration of Additive Change Order 12 in the amount of $51,500 to GAC for the Jenks Avenue widening project.

Commissioner Rader moved to approve the Additive Change Order 12 in the amount of $51,500 to GAC for the Jenks Avenue widening project. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

9.b. Consideration to accept approximately 50 surplus FEMA travel trailers from Bay County to house Hurricane Michael survivors.

Commissioner Rader moved to accept approximately 50 surplus FEMA travel trailers from Bay County to house Hurricane Michael survivors. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

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9.c. Consideration to accept $100,000 donation from Ironman Foundation and approve Budget Amendment Resolution 20190514.2.

Commissioner Rader moved to approve Resolution 20190514.2 and acceptance of donation. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

The Resolution was read by title only as shown below:

RESOLUTION NO. 20190514.2 A RESOLUTION PROVIDING FOR THE AMENDMENT OF THE APPROVED FISCAL YEAR 2018-2019 BUDGET FOR AN IRONMAN GRANT FOR THE COMMUNITY DEVELOPMENT SHIP PROGRAM.

9.d. Consideration of MOU Bay County - Panama City cleaning and debris removal from ditches.

Commissioner Rader moved to approve the MOU with Bay County regarding cleaning and debris removal from ditches. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

9.e. City Hall Expenditure Update.

City Manager McQueen discussed the expenditures for the new City Hall project. The total amount to date is $15,259,763.

City Manager McQueen noted that it is National Armed Forces Week, National Police Week and May 15, 2019 is nationally recognized as Peace Officers Memorial Day. The First Baptist Church will have Services on May 16, 2019 to honor fallen Peace Officers.

9.f. Recommendation to modify agenda format.

Commissioner Nichols moved to approve moving the Audience Participation Agenda item to a location towards the beginning of the City Commission Meeting agenda. On a roll call vote Commissioners Billy Rader, Mike Nichols, Jenna Haligas, Kenneth E. Brown and Mayor Brudnicki voted “YEA”. “NAYS”: None. The City Clerk certified the motion passed by a 5-0 vote.

10. Audience Participation Leslie Fontaine of 305 Bunkers Cove Road requested a Private Property Debris Removal update and discussed charrette meeting locations. City Manager McQueen said the approximate numbers are as follows for the Private Property Debris Removal Program. There were over 400 applicants, FEMA determined that 5 were approved with no changes, 8 required some tree removal, 48 required additional information and 73 were denied, so far. He has sent a letter of appeal and reconsideration regarding these determinations. The application deadline has been extended to July 10, 2019. City Manager McQueen said they are looking at Bay High School or Gulf Coast State College for possible charrette meeting locations. Brad Stephens of 1708 Palmetto Avenue discussed denial notification and debris cleanup. Walter P. Henry of 614 Maple Avenue discussed temporary trailers on private property and septic tank sharing among restaurants. 11. Adjournment. There being no further business, the meeting adjourned at 9:23am.

Dedicated to Excellence…. People Serving People

MEMORANDUM

TO: Honorable Mayor and City Commission

FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: First Notification of opening on the Municipal Police Officers'

Pension Trust Fund. ______________________________________________________________________

The City currently has one available position on the Municipal Police Officers' Pension Trust Fund. This position is a City Commission appointed position. The members must reside in the City and will serve a four-year term.


MEMORANDUM

TO: Honorable Mayor and City Commission.

FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Appointment to the Northwest Florida Beaches International Airport

Board of Directors ______________________________________________________________________

The term of Mr. James Johnson expires in June. Mr. Johnson would like to remain on the Board. The City has not received any applications. This member must be a resident of Panama City. This seat is appointed by the City Commission.


MEMORANDUM


FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Appointment to the Panama City Port Authority ______________________________________________________________________

The term of Mr. Rayford Lloyd expires in June. Mr. Lloyd does not wish to remain on the Board. The City has received five applications for the Panama City Port Authority Board from the following individuals: Mr. Neil Jones Mr. James T. Cook Mr. John M. (Jack) Ringelberg Mr. Frank A. Hall Mr. Tem Fontaine Members must be a resident of Bay County. Members are appointed by the City Commission


MEMORANDUM


FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Appointment to the Panama City Housing Authority ______________________________________________________________________

Board member Devin Collier's has relocated due to the storm and cannot finish his term. His term continues through June 12, 2022. The City has received two applications, one from Ms. Donna Allen and one from Mr. Paul Hunt. The Mayor appoints and the City Commission approves the Housing Authority Board Members.


MEMORANDUM


FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Appointments to the Panama City Planning Board ______________________________________________________________________

The Panama City Planning Board has three terms that come due in June. Mr. Dennis Wallace wishes to remain on the Board. Ms. Mary Sittman wishes to remain on the Board. Mr. Brian Neubauer recently fulfilled the term of Mr. Russ and wishes to remain on the Board. The City has received one additional application from Mr. Paul Hunt. Board members must be residents of the City. Members are not subject to term limits. Members are appointed by the City Commission


MEMORANDUM


FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Appointment to the Public Employees Relations Commission ______________________________________________________________________

The term of Ms. Shay Catrett has expired. Ms. Catrett would not like to remain on the board. Appointments are made by the City Manager. The Panama City Public Employee Relations Commission is a three-member commission appointed by the City Manager, subject to confirmation by the City Commission. Members serve four-year terms and are not subject to term limitation.


MEMORANDUM


FROM: T.D. Hachmeister, City Clerk-Treasurer DATE: May 28, 2019 RE: Ratification of the 5th member on the Civil Service Board. ______________________________________________________________________

On May 15, 2019 the 4 members of the Civil Service Board elected their 5th member, Mr. Jeff Becker. The Civil Service Board requests that the City Commission ratify this appointment.

________________________________________ The City Commission appoints two members of the Civil Service Board; two members are elected by City employees who are covered by the City’s Civil Service Ordinance and the four members select the fifth Board member. The fifth member is ratified by the City Commission. The Civil Service Board meets on an as needed basis. Ordinances 1080 and 1256.

RESOLUTION NO. 20190528.2

A RESOLUTION OF THE COMMISSION OF THECITY OF PANAMA CITY, FLORIDA, REVOKINGTHE MANAGEMENT CONTROL OF TRUESDELLPARK BUILDING BY ST. ANDREW CIVIC CLUBIMMEDIATELY AND REVOKING ACCESS TO THEBUILDING WITHIN THIRTY (30) DAYS.

WHEREAS the City is the title holder to Truesdell Park, including the building; and

WHEREAS the City has never entered into a written lease of the building to any entity nor

has the City entered into any written management agreement; and

WHEREAS a resolution dated January 9, 1962 and a motion on August 12, 1997 provides

management control of the Building first to the St. Andrew's Men's Club (1962 resolution)

and then to the St. Andrew Civic Club (1997 motion): and

WHEREAS the 1962 Resolution is no longer in effect and can be revoked by Resolution

of the City Commission; and

WHEREAS the 1997 motion can be revoked and terminated at any time by the City

Commission at a City Commission meeting, and the effect would be to revoke all

management rights and obligations of the Club to the Building; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE

CITY OF PANAMA CITY, FLORIDA that the 1962 Resolution and the 1997 motion

are hereby revoked and all management rights and obligations of the St. Andrew Civic

Club are hereby revoked immediately and access to the building will be revoked within

thirty (30) days.

PASSED, APPROVED AND ADOPTED by the City Commission of the City ofPanama City, Florida, at its regular meeting on the 28th day of May 2019

CITY OF PANAMA CITY, FLORIDA

By: Greg Brudnicki, Mayor

A t t e s t :

T. D. Hachmeister, City Clerk-Treasurer

RESOLUTION NO.20190528.1

ARESOLUTIONOF THE COMMISSION OF THE CITY OF PANAMA CITY, FLORIDA, RECOGNIZING THE NEW HURRICANE TAX HOLIDAY FOR INDIVIDUALS AND EMPLOYERS SUFFERING FROM THE EFFECTS OF HURRICANES.

WHEREAS Hurricane Michael was the most intense storm on record to hit the Florida Panhandle and was among the four most powerful hurricanes to hit the United States; and

WHEREAS damages from Hurricane Michael are estimated to exceed $25.1 billion; and

WHEREAS 57 deaths have been attributed to Hurricane Michael in the United States: and

WHEREAS in Florida, insurance claims from Hurricane Michael exceed 144,000, with estimated insurance losses of over $5.5 billion; and

WHEREAS Hurricane Michael caused 1.7 million power outages in the Southeast United States, of which 125,000 were without power for more than ten days; and

WHEREAS Congress has in recent years enacted temporary tax legislation to assist survivors of disasters, including the Disaster Relief and Airport and Airway Extension Act of 2017, Pub. L No 115-63, which provided relief for survivors of Hurricanes Harvey, Irma and Maria; and

WHEREAS tax relief is an effective tool in helping communities recover from large scale disasters; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PANAMA CITY, FLORIDA that the United States Congress has passed tax relief to survivors of Hurricane Michael, including:

1. Tax free extends from May 31, 2019 to Midnight June 6, 2019.

PASSED, APPROVED AND ADOPTED by the City Commission of the City of Panama City, Florida, at its regular meeting on the 28th day of May 2019. CITY OF PANAMA CITY, FLORIDA By:

Greg Brudnicki, Mayor Attest:

T. D. Hachmeister, City Clerk-Treasurer

05/28/19Agenda Item Request Form

ITEM: Consideration of final payment in the amount of $64,289.25 to Waterfront

Property Services, LLC (dba Gator Dredging) for the 2018 Lake Caroline north and

Massalina Bayou dredging projects.

BACKGROUND INFORMATION: The city contracted with Waterfront Property

Services, LLC (dba Gator Dredging) in June 2018 for dredging of the north lobe of

Lake Caroline and the eastern portion of Massalina Bayou near Massalina Drive.

The Lake Caroline dredging was completed and the Massalina Bayou dredging had

just begun when Hurricane Michael caused damage preventing the dredging from

proceeding. The dredging company demobilized from the sites shortly after the

storm, having expended $164,092.50 of the contracted $269,406.00. A release of

liens has been provided. The final amount due the contractor is $64, 289.25.

DEPARTMENT HEAD RECOMMENDATION: Approve final payment to Waterfront

Property Services, LLC (dba Gator Dredging) in the amount of $64,289.25.

Budget Impact

Budgeted? Yes: XX No: How Much budgeted? Click here to enter text.

If more, where do you suggest funds come from?

Click here to enter text.

Cost Center Affected:

☐ Personnel $ Click here to enter text.

☐ Operating $ Click here to enter text.

☐ Capital $ Click here to enter text.

☐ Revenue $ Click here to enter text.

Requested By: Dale E. Cronwell, P.E.; City Engineer Date: 05.23.19

Agenda Item Request Form

ITEM: Consideration to award bid for Highway 390 - Dash 2 Utility Relocations to L & K

Contracting Company, Inc., in the amount of $4,503,750.

BACKGROUND INFORMATION: Six bids were received. The lowest responsive and

responsible bidder is L & K Contracting Company, Inc.

DEPARTMENT HEAD RECOMMENDATION: Staff recommends approval.

Budget Impact

Budgeted? Yes: ☒ No: ☐ How Much budgeted?

If more, where do you suggest funds come from?

Cost Center Affected: 410.3630.56300


☐ Operating $

☐ Capital $ 4,503,750


Requested By: Becky Barnes Date: 5/28/2019

Agenda Item Request Form05/28/2019

_________________________________________________________________________________________________

ITEM: Consideration of approval to start negotiations to purchase of two passenger vans for the After School Assistance Program (ASAP) from local dealers.

BACKGROUND INFORMATION: Hurricane Michael totaled ASAP’s two passenger vans. ASAP staff applied for and received enough donations to cover the cost of two used vans. These vans wouldbe purchased locally, have low mileage and would be newer than comparable vans being considered for replacement through consultants and FEMA

Local purchase options are:Bill Cramer Chevrolet 2011 Chevy Express LT 3500 79,000 miles $15,000Bill Cramer Chevrolet 2017 Chevy Express LT 3500 34,123 miles $22,995PC Mazda 2017 Chevy Express LT 3500 34,900 miles $20,800Bay Cars 2017 Ford Transit Wagon XLT 18,756 miles $24,000

STAFF RECOMMENDATION: Approval

Agenda Item Request Form05/28/2019

_________________________________________________________________________________________________

ITEM: Consideration of approval to amend the Hagerty Consulting contract for additional services related to the Long Term Recovery Plan, historic downtown master plan/vision, and economic development analysis.

BACKGROUND INFORMATION: Provide transportation consulting and analysis services to supportthe exploration of alternative design options for the US 98-US231 and FL 30-A interchange. These services are for the purpose of studying alternative design options and possible impacts of the proposed FDOT Flyover at 15th and Harrison Avenue, and the economic and fiscal impacts of the proposed flyover and potential alternatives to the property surrounding the interchange and to downtown.

CITY MANAGER RECOMMENDATION: Approval

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT FOR DISASTER RECOVERY ADMINISTRATIVE SERVICES

This SECOND AMENDMENT (“Second Amendment”) is entered into as of May 20, 2019 by and between The City of Panama City, Florida (“City”), a political subdivision formed under the laws of the State of Florida, whose Administrative Office is at 501 Harrison Avenue, Panama City, FL 32401 (previously 519 East 7th Street, Panama City, FL, 32401) and Hagerty Consulting, Inc. (“Provider”), a corporation organized and existing under the laws of the State of Illinois, whose corporate headquarters isat 1618 Orrington Avenue, Suite 201, Evanston, IL 60201. City and Provider will from time to time be referred to as “the Parties”.

WITNESSETH:

WHEREAS, the Parties entered into a contract dated December 12, 2018 (“Contract”) for Disaster Recovery Administrative Services;

WHEREAS, the Parties entered into the First Amendment to the Contract effective March 15, 2019; and

WHEREAS, the Parties desire to amend the Contact between the Parties, keeping in effect all the terms and conditions of the original Contract and the First Amendment not inconsistent with the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. This Second Amendment shall become effective as of May 20, 2019.

2. The Contract’s not to exceed value is hereby increased by One Hundred Eighty-Six Thousand Four Hundred Eighty Dollars ($186,480.00). The first sentence of amended Section 3.1 of the Contract is hereby deleted in its entirety and replaced with the following:

“3.1 This Contract has a Not to Exceed (“NTE”) cost of Eight Million Five Hundred Sixty-One Thousand Eighty Dollars ($8,561,080.00).”

IN WITNESS WHEREOF, the Parties have expressed their agreement to the terms set forth above by causing this Second Amendment to be executed by their duly authorized officer or agent. This Second Amendment shall be effective as of the date herein.

Provider: Hagerty Consulting, Inc.

By (signature): ___________________________________ Date: _______________

Print Name: _____________________________________

Title: ________________________________________

Witness: ________________________________________

City: The City of Panama City, Florida

By (signature): ___________________________________ Date: _______________

Print Name: Greg Brudnicki

Title: Mayor

Attest: ______________________________________D. T. Hachmeister, City Clerk-Treasurer

Approved as to form and correctness:

______________________________________Nevin J. Zimmerman, City Attorney

Agenda Item Request Form

ITEM: Consideration to award bid for the demolition of 711 W. Beach Drive, West Building,

to Demolition Pros in the amount of $54,890.

BACKGROUND INFORMATION: Thirteen (13) bids were received for this project. This is

the lowest responsive and responsible bidder. This property was approved for demolition by

Jonathan Dingus, Code Enforcement Hearing Magistrate, on February 22, 2018, CE# 16-4295.

DEPARTMENT HEAD RECOMMENDATION: Staff recommends approval.

Budget Impact

Budgeted? Yes: ☐ No: ☒ How Much budgeted?

If more, where do you suggest funds come from? A lien will be placed on the property

pursuant to Code Enforcement regulations.

Cost Center Affected: 001.2100.53400


☒ Operating $ 54,890

☐ Capital $


Requested By: Becky Barnes Date: 5/28/2019

Company Name Total Price

Demolition Pros $ 54,890.00

American Sand and X-Cavation, Inc. $ 55,918.00

Break-N-Ground LLC $ 58,500.00

Erosion Control Specialist, Inc. $ 68,300.00

Trifecta Services Company $ 82,300.00

Target Builders Construction Management, Inc. $ 98,200.00

GAC Contractors, Inc. $ 105,980.00

Bay County Construction and Demolition LLC $ 109,814.00

Great Southern Demolition, Inc. $ 123,460.00

Straight Arrow Development, Inc. $ 123,970.00

Door to Door Services LLC $ 168,960.00

Register's Enterprises of Bay County LLC $ 169,000.00

Dorado Services, Inc. $ 280,370.70

Bid Tabulation

Demolition of 711 W. Beach Drive, West Building PC19-018

May 21, 2019

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Lease/Rental of Vacant Lot

Lease Agreement made on the ____ day of May, 2019, between Beach Drive PC Properties, LLC, a limited liability company organized and existing under the laws of the State of Florida, referred to herein as Landlord, and the City of Panama City, a municipal corporation organized and existing under the laws of the State of Florida, referred to herein as Tenant.

Whereas, Landlord is the sole owner of certain vacant land located at 430 West 5th Street, Panama City, FL (Parcel # 19511-000-000), 113 West Beach Drive, Panama City, FL (Parcel # 19508-000-000), 111 West Beach Drive, Panama City, FL (Parcel # 19507-000-000) and address unknown on West Beach Drive, Panama City, FL (Parcel # 19501-000-000); more fully described in Exhibit A attached hereto, which it desires to lease to Tenant; and

Whereas, Tenant has agreed as consideration to clear the property of storm related debris caused by Hurricane Michael; and

Whereas, Tenant desires and is empowered to lease said property from Landlord; and

Whereas, the parties desire to enter into a lease agreement to define their respective rights, duties,and liabilities concerning such a lease;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, andother good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Description of Premises and PurposeLandlord hereby leases to Tenant, for the primary purpose of its employees, contractors,

affiliates, and vendors to utilize the property for cleaning of storm debris and for public events. Said property is hereafter referred to as Premises.

2. TermThe initial term of this Lease Agreement shall be for 106 days, commencing on May 22, 2019,

and ending on September 4, 2019. As used in this Lease Agreement, the expression term of this Lease Agreement refers to the initial term and to any renewal of this Lease Agreement as provided below.

3. RentTenant agrees to clean the property of storm related debris caused by Hurricane Michael, the

value of which to be used as consideration and no monetary rent to be paid to Landlord.

3. Lease RenewalThis lease is non-renewing.

4. Tenant further agrees that:A. Condition of Premises: Upon the expiration of the Lease it shall return possession of the Premises in a condition better than its present condition, specifically debris will be removed from the property, reasonable wear and tear excepted. Tenant shall commit no waste to the Premises.

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B. Alterations: Tenant shall not make any material alterations to the Premises without Landlord’s prior written consent. However, Tenant is permitted to make minor landscaping additions and deletions to the property.

C. Compliance with Law: Tenant shall comply with all building, zoning and health codes and other applicable laws for the use of said Premises.

5. Effect of Tenant’s Holding OverThe failure of Tenant to surrender the Premises at the termination of this Lease Agreement, and the subsequent holding over by Tenant, with or without the consent of Landlord, shall result in the creation of a tenancy at will and the rent shall be $100.00, plus sales tax, per month for each month that Tenant holds over as a penalty until such time as the premises are surrendered. This provision does not give Tenant any right to hold over at the expiration of the Term (as may have been heretofore extended) of this Lease, and shall not be deemed, the parties agree, to be a renewal of the Lease Term (as may have been heretofore extended), either by operation of law or otherwise.

6. Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, first-class postage prepaid, or electronic addressed as follows:

If for Tenant:City of Panama CityAttn: Mark McQueen, City Manager501 Harrison AvePanama City, FL 32401Email: [email protected]

If for Landlord:Beach Drive PC Properties, LLCPO Box 70Douglasville, GA 30133Email:

Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.

7. SubordinationThis Lease shall be subordinate to all present or future mortgages against the Premises.

8. IndemnityTenant will indemnify and hold Landlord harmless from any liability for injury to or death of any

person, including Tenant, or for damage to property arising from Tenant’s using and occupying the Premises or from the act or omission of any person or persons, including Tenant, in or about the Premises with Tenant’s express or implied consent. As of the execution of this Lease, Tenant will own a liability insurance policy for the Premises and will maintain such a policy during the term of this Lease. The Landlord must be listed as “Additionally Insured” on all policies. Certificates of Insurance indicating such policies are in force shall be provided to Landlord, without demand.

9. Rights and Remedies; Cumulative

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In the event of the Tenant’s default, Landlord, at its election, may exercise any one or more of theoptions referred to below upon the happening, or at any time after the happening, of any one or more of the following events, to wit:

(a) Tenant’s failure to observe, keep or perform any of the other terms, covenants, agreements or conditions of this Lease for a period of ten (10) days after written notice by Landlord;

(b) Tenant’s making an assignment for the benefit of creditors;(c) Tenant’s bankruptcy or voluntarily petitioning for relief under, or otherwise seeking the

benefit of, any bankruptcy, reorganization, arrangement or insolvency law;(d) Tenant’s deserting, vacating or abandoning any portion of the Premises or attempting to mortgage, pledge or otherwise encumber in any way its interest hereunder;

In the event of any of the foregoing happenings, Landlord, at its election, may exercise any one ormore of the following options, the exercise of any of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided or permitted by statute or general law at the same time orin subsequent times or actions:

(1) Terminate Tenant’s right to possession under this Lease and re-enter and retake possession of the Premises.

(2) Declare this Lease to be terminated and ended and re-enter upon and take possession of the Premises whereupon all right, title and interest of Tenant in the Premises shall end.

No re-entry or retaking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease, unless a specific written notice of such intention is given to Tenant. Landlord’s acceptance of labor to clear the premises following any event of default hereunder shall be construed as Landlord’s waiver of such event. No forbearance by Landlord of action upon any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of the terms, provisions, and covenants herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of any other violation or default.

(4) Remedies Upon Landlord's Default. In the event that Landlord shall at any time be indefault in the observance or performance of any of the covenants and agreements required to beperformed and observed by Landlord hereunder and any such material default shall continue for a periodof thirty (30) calendar days after written notice to Landlord (or if such material default is incapable ofbeing cured in a reasonable manner within thirty (30) calendar days then if Landlord has not commencedto cure the same within said thirty (30) calendar day period and thereafter diligently prosecutes the sameto completion) and Landlord shall not thereafter cure such material default, Tenant shall be entitled toexercise one or more of the following remedies at its election: (a) terminate this Lease; or (b) to bring suitfor the collection of any amounts for which Landlord may be in default, or for the performance of anyother covenant or agreement devolving upon Landlord, in addition to all remedies otherwise provided inthis Lease and otherwise available in law or equity under the laws of the United States or the State orCommonwealth in which the Premises are located.

(5) Additional Tenant Remedies. In addition to all of Tenant's other remedies hereunder, ifLandlord defaults in the performance of any obligation imposed on it by this Lease pertaining to thePremises and does not cure such default within thirty (30) days after written notice from Tenantspecifying the default (or does not within said period commence and diligently proceed to cure suchdefault), Tenant, without waiver of or prejudice to any other right or remedy it may have, shall have theright, at any time thereafter, to cure such default for the account of the Landlord, and Landlord shallreimburse Tenant upon invoice for any amount paid and any expense or contractual liability so incurred.

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If Landlord fails to reimburse Tenant within ten (10) days after invoice, then Tenant shall have the rightto offset the amount due thereunder, together with interest at 12% from the date of disbursement againstall rent and other charges due from Tenant to Landlord under this Lease until Tenant has been completelyreimbursed for its expenses. In the event of emergencies, or where necessary to prevent injury to personsor damage to property or to mitigate damages, Tenant may cure a default by Landlord before theexpiration of the waiting period, but after giving such written or oral notice to Landlord’s as soon as ispractical under all of the circumstances.

(6) Attorneys' Fees; Remedies. In the event that either Landlord or Tenant commences anysuit for the collection of any amounts for which the other may be in default or for the performance of anyother covenant or agreement hereunder, the other party shall pay all reasonable attorneys' fees and otherexpenses incurred by the prevailing party enforcing such obligations and/or collecting such amounts, plusinterest thereon. All remedies of Landlord and/or Tenant herein created or remedies otherwise existing atlaw or equity are cumulative and the exercise of one or more rights or remedies shall not be taken toexclude or waive the right to the exercise of any other. All such rights and remedies may be exercised andenforced concurrently and whenever and as often as Landlord and/or Tenant shall, as applicable, deemnecessary.

(7) JURY WAIVER. THE PARTIES HERETO SHALL, AND THEY DO HEREBY,WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BYEITHER OF THE PARTIES HERETO AGAINST THE OTHER IN ANY MATTERS WHATSOEVERARISING OUT OF OR IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OFLANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE DEMISED PREMISESAND/OR ANY CLAIM OF INJURY OR DAMAGE.

(8) Limitation on Damages. Notwithstanding anything herein to the contrary, in no eventshall Landlord or Tenant have the right to or be entitled to collect damages with respect to lost businessopportunities, lost profits, business losses or any consequential, punitive or exemplary damages. Exceptas limited hereinabove, all rights and remedies may be exercised and enforced concurrently and wheneverand as often as Landlord or Tenant shall deem necessary.

(9) Waiver of Distraint. Landlord hereby waives and relinquishes any and all rights orremedies against Tenant pursuant to any lien, statutory or otherwise that it may have against the property,goods or chattels of Tenant in or on the Premises.

The rights and remedies under this Lease are cumulative, and either party’s using any one right orremedy will not preclude or waive that party’s right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.

10. Governing LawThis Lease Agreement shall be governed by, construed, and enforced in accordance with the laws

of the State of Florida.

11. Entire AgreementThis Lease Agreement shall constitute the entire agreement between the parties. Any prior

understanding or representation of any kind preceding the date of this Lease Agreement shall not be binding on either party except to the extent incorporated in this agreement.

12. Modification of Agreement

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Any modification of this Lease Agreement or additional obligation assumed by either party in connection with this Lease Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.

13. Assignment of RightsThe rights of each party under this Agreement are personal to that party and may not be assigned

or transferred to any other person, firm, corporation, or other entity without the prior, express, and writtenconsent of the other party.

14. CounterpartsThis Agreement may be executed in any number of counterparts, each of which shall be deemed

to be an original, but all of which together shall constitute but one and the same instrument.

15. Compliance with LawsIn performing under this Agreement, all applicable governmental laws, regulations, orders, and

other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

16. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

[Signature Page follows]

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IN WITNESS WHEREOF, the undersigned have executed this Agreement granting a 60-day lease as of the date first above written.

Beach Drive PC Properties, LLC

By: _________________________ (Signature)

Name: George R. Kingston Title: Manager

STATE OF GEORGIACOUNTY OF ___________________

I, the undersigned, a Notary Public in and for said County in said State, hereby certify that George R.Kingston whose name as Manager of Beach Drive PC Properties, LLC, a Florida limitedliability company is signed to the foregoing instrument, and who is known to me, acknowledgedbefore me on this day that, being informed of the contents of said instrument, he/she in such capacityand with full authority executed the same voluntarily for and as the act of said limited liabilitycompany on the day the same bears date.

Given under my hand this the ____ day of May, 2019.

(SEAL)

Notary PublicMy commission expires:

City of Panama City

By: _________________________ (Signature)Printed Name: Greg Brudnicki Title: Mayor

STATE OF FLORIDACOUNTY OF BAY

I, the undersigned, a Notary Public in and for said County in said State, hereby certify that GregBrudnicki whose name as Mayor of the City of Panama City, a Florida municipal corporation issigned to the foregoing instrument, and who is known to me, acknowledged before me on this day that,being informed of the contents of said instrument, he/she in such capacity and with full authorityexecuted the same voluntarily for and as the act of said limited liability company on the day thesame bears date.

Given under my hand this the ____ day of May, 2019.

(SEAL)

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Notary PublicMy commission expires:

Exhibit A

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