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04-22-2024 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, April 22, 2024 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1. Approve minutes of 8 April 2024 Regular City Council Meeting and minutes of 8 April 2024 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments: Councilmember Kevin Boone - Montrose Historic Preservation Society Resolution Concerning the Historic Henry Stuart Structure "Tolstoy Park". 5. Ordinance - An Ordinance to Establish a Historic Preservation Commission in the City of Fairhope. 6. Ordinance - Annexation – Tom Mitchell and Fairhope Single Tax Corporation property located at State Highway 181 Rockwell Place Lot 1, Common Area 1, Common Area 2, Rockwell Boulevard ROW and Bushel Drive ROW, Fairhope, Alabama. PPIN# 348043. 7. Resolution - That the City Council hereby consents to and approves the acquisition, improvement and financing of the facilities constituting a part of the Project located in the City, and the issuance of the Bonds for the purposes set forth in this resolution and the refunding of such Bonds from time to time pursuant to Title 11, Chapter 62 of the Code of Alabama, as amended. 8. Resolution - That the City Council hereby authorizes and selects Corey Martin (Council President) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. 9. Resolution - That the City Council authorizes acceptance of the grant award from the RESTORE Council (Bucket 2 - Water Quality) for the City of Fairhope's Stormwater Infrastrastructure Inventory project (Grant #B2WQ-FSWI) in the amount of $487,500.00. The City's match is $162,500. 10. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Thompson Engineering/Watermark Design for Professional Engineering and Architectural Services for Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities (RFQ PS24-015) with a not-to-exceed amount of $56,500.00. Page 1 of 226 City Council Regular Meeting April 22, 2024 Page - 2 - 11. That the City Council's intent is to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9,988,379.46 once approval from U. S. Department of Treasury is received, The contract will also require review and approval by ADCNR, U. S. Treasury, and City Attorney prior to execution. 12. Resolution - That the City of Fairhope approves the procurement of a 36 -month contract for Mat Rental Service from Cintas Corporation; and the rental service is available through the OMNIA Partners Contract #222886 which has been nationally bid, and therefore, does not have to be let out for bid. The total estimated cost for 36 months will be $22,968.00. 13. Resolution - That the City Council hereby commits the City to provide the additional Capital Appropriation of up to $2,000,000.00; approves the amended EDA Project Budget and the amended EDA Project Scope of Work; and authorizes the Mayor to execute all related documents concerning the amended EDA Grant/Project (including amending the current A&E Professional Services Contract with Thompson/Watermark). 14. Resolution - That the City Council authorizes acceptance of the grant award from the RESTORE Council (Bucket 2 - Water Quality) for the City of Fairhope SSO Mitigation Project (B2WQ-FSSO) for $820,099.94 with a City match of $278,834.00. This is for the purchase of 22 generators to be located at key wastewater lift stations to provide continuous public wastewater operations during storm events, and therefore, reduce the number of Sanitary Sewer Overflows (SSO). 15. Resolution - To award (Bid No. 24-043) to Consolidated Pipe and Supply Company, Inc. for Water Treatment Plant No. 1 Ductile Iron Pipe, Fittings and Valves with a bid proposal not-to-exceed $204,220.06. 16. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-021) for the Repair and Painting of the Water Tank at Water Treatment Plant No. 3 to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not -to-exceed fee to be approved by Council. 17. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 23-001-WA009-21) CR 33 24-inch Water Main Extension Project with a cost of $25,783.20 and to award Change Order No. 1 to Hemphill Construction Company, Inc. The new contract total will be $6,478,743.20. 18. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Kimley-Horn and Associates, Inc. for Professional Engineering Services for (RFQ PS24-016) the installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 with a not-to-exceed amount of $1,492,500.00. Page 2 of 226 City Council Regular Meeting April 22, 2024 Page - 3 - 19. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute an agreement with I.T. Consultant Warren Averett, LLC for network penetration testing services for a total of $8,500.00, pursuant to Code of Alabama 1975, Section 41 - 16-51(15). 20. Resolution - That the City of Fairhope approves the procurement of an Employee Assistance Program (EAP) from ComPsych Corporation and authorizes Mayor Sherry Sullivan to execute a contract for an annual cost of $15,000.00. 21. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS24 -019) Design and Production of Fireworks Display for 4th of July 2024 with a not -to- exceed amount of $40,000.00. 22. Appointment to Parking Authority Committee 23. Public Participation – (3 minutes maximum) 24. Adjourn Next Regular Meeting – Monday, May 13, 2024, Same Time Same Place Page 3 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-95 FROM: Lisa Hanks, CITY CLERK SUBJECT: Approve Minutes of April 8, 2024 AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Council approve minutes of 8 April 2024 City Council Meeting and minutes of 8 April 2024 Work Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 226 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 8 April 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Martin called the meeting to order. The invocation was given by Dr. Louis Johnson of Fairhope Avenue Baptist Church and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 21 March 2024, regular meeting; and minutes of the 21 March 2024, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and read a Proclamation for National Child Abuse Prevention Month which is April. Tina with Baldwin County Child Advocacy accepted the Proclamation. She mentioned next week, April 14, 2024 through April 20, 2024 is National Public Telecom munications Week. Mayor Sullivan thanked Chief Stephanie Hollinghead and the Fairhope Dispatchers who are our “unsung heroes.” She announced the City getting 3 million dollars for the land adjacent to the H. L. Sonny Callahan Airport; and thanked Senator Katie Britt and Congressman Jerry Carl secured these funds for the City to use on the westside for a small industrial site. Alan Samry and Coach Miller addressed the City Council and briefly explained the Fairhope Historic Building Plaques Downtown Self-Guided Walking Tour. He said to use the map to discover Fairhope’s historic buildings; and scan the QR Codes on the plaques to learn the history. Chief Hollinghead addressed the City Council and recognized two Fairhope K-9 Police Officers: Kumba and Officer Seay. She read a plaque for the retirement of K-9 Officer Kumba who will be now living with Officer Seay for the remainder of his life. Councilmember Burrell commented that the grant funds awarded will be used to put in the infrastructure for a Light Industrial Park. Councilmember Robinson thanked the people who came out to support FEEF during the first Pickleball Tournament and the Mayor ’s Annual Golf Tournament. Page 5 of 226 8 April 2024 Councilmember Martin commented on the Mayor ’s Golf Tournament. A Public Hearing was held as advertised on the request for a Lounge Liquor License by Lorra Wiggins, 2 Shots In, Incorporated, d/b/a 2 Shots In, 333 S. Greeno Road, Fairhope, AL 36532. The public hearing was opened at 6:16 p.m. No one present opposed the proposed Lounge Liquor License. The public hearing closed at 6:16 p.m. Councilmember Robinson moved to approve the issuance of the license. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Burrell moved for final adoption of Ordinance No. 1794, an ordinance to annex City of Fairhope property, multiple contiguous parcels in Fairhope, Alabama: Nature Park parcel, Flying Creek Nature Reserve House parcel, and others. PPINS: 210294, 11744, 007497, 222828, and 031457. (Introduced at the March 21, 2024 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Conyers moved for final adoption of Ordinance No. 1795, an ordinance to annex City of Fairhope and Fairhope Single Tax Corporation contiguous property - 103350 County Road 48, Fairhope, Alabama. PPINS: 211345, 248115, 248116, 257617, and 77864. (Introduced at the March 21, 2024 City Council Meeting) Seconded by Councilmember Burrell, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Conyers introduced in writing Ordinance No. 1796, an ordinance to to authorize the issuance of City of Fairhope's General Obligation Water and Sewer Warrant, Series 2024, in the principal amount of $25,000,000.00. In order to take immediate action, Councilmember Boone moved for immediate consideration. Seconded by Councilmember Burrell, motion for immediate consideration passed unanimously by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Conyers then moved for final adoption of Ordinance No. 1796. Seconded by Councilmember Robinson, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS24-016) the installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 to Kimley-Horn and Associates; and authorize Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 6 of 226 8 April 2024 RESOLUTION NO. 5027-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection of Kimley- Horn and Associates an engineering firm by the evaluation team for Professional Engineering Services for the installation of a 16” Force Sewer Main with 2 Lift Stations along State Highway 181 from Laurelbrook Subdivision to Fairhope Avenue; and hereby authorizes Mayor Sherry Sullivan to negotiate the fee to be approved by Council. DULY ADOPTED THIS 8TH DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-030) to Automation Control Service, LLC (ACS) for SCADA System for Water Treatment Plant No. 1 with a bid proposal not-to-exceed $170,110.00 base bid and an estimated annual cost of $10,120.00 ($2,530.00 per day associated with providing onsite service within 24 hours) for emergency repairs. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5028-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-030) SCADA System for Water Treatment Plant No. 1 at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, only one bid was received as follows: Automation Control Service, LLC $170,110.00 plus Estimated Annual Cost of $10,120.00 for emergency repairs Page 7 of 226 8 April 2024 [3] After evaluating the bids with required specifications, Automated Control Services, LLC is now awarded (Bid No. 24-030) for SCADA System for Water Treatment Plant No. 1 with a bid proposal not-to-exceed $170,110.00 base bid and an estimated annual cost of $10,120.00 ($2,530.00 per day associated with providing onsite service within 24 hours) for emergency repairs. DULY ADOPTED THIS 8TH DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-034) to Morrow Water Technologies, Inc. for Water Treatment Plant No. 1 Finished Water Pumps and Variable Frequency Drives with a bid proposal not-to-exceed $253,945.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5029-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-034) Water Treatment Plant No. 1 Finished Water Pumps and Variable Frequency Drives at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Morrow Water Technologies, Inc. $253,945.00 Page 8 of 226 8 April 2024 [3] After evaluating the bids with required specifications, Morrow Water Technologies, Inc. is now awarded (Bid No. 24-034) for Water Treatment Plant No. 1 Finished Water Pumps and Variable Frequency Drives for bid proposal not-to-exceed cost of $253,945.00. DULY ADOPTED THIS 8TH DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for (RFQ PS24-018-2024-PWI-020) Professional Engineering Services for Water Main Repair/Replacement at US Hwy 98 Crossing at Fly Creek for a not-to-exceed cost of $48,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5030-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for (RFQ PS24-018-2024-PWI-020) for Professional Engineering Services for Water Main Repair/Replacement at US Hwy 98 Crossing at Fly Creek; with a not-to-exceed cost of $48,000.00. DULY ADOPTED THIS 8TH DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 226 8 April 2024 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to reject all bids (Bid No. 24-032) for Asphalt and Concrete Repairs Annual Contract, and authorize the re-bid the annual contract under Code of Alabama 1975, Section 41-16-57(d). Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5031-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City Council to reject all bids (Bid No. 24-032) for Asphalt and Concrete Repairs Annual Contract, and authorize the re-bid the annual contract under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 8TH DAY OF APRIL 2024 ____________________________ Corey Martin, Council President Attest: ___________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope authorizes Founders Park Pavilion/Office Project Expansion of a New Bathroom Building Project at Founders Park to enclose the existing Mechanical Room and to add office space and an Open Pavilion; and to approve the procurement of labor only for the project from Seale Marine Construction for a not-to-exceed cost of $25,600.00; and to approve the transfer of budget funds from the Volanta Park Bathroom Project (Capital Project Funds) of $80,000.00 to Founders Park Pavilion/Office project. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 10 of 226 8 April 2024 RESOLUTION NO. 5032-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope authorizes Founders Park Pavilion/Office Project expansion of a New Bathroom Building Project at Founders Park to enclose the existing Mechanical Room and to add office space and an Open Pavilion; and to approve the procurement of labor only for project from Seale Marine Construction for a not-to-exceed cost of $25,600.00; and to approve the transfer of budget funds from the Volanta Park Bathroom Project (Capital Project Funds) of $80,000.00 to the Founders Park Pavilion/Office Project. [2] A Request for Quote was sent to three (3) qualified contractors. The lowest quote for labor was from Seale Marine Construction. [3] The cost of materials will be approximately Sixty Thousand $60,000.00; and will be purchased directly by the City to save on taxes and vendor markup. ADOPTED ON THIS 8TH DAY OF APRIL 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-037) to Gresco Utility Supply for Light Package for Greeno Road with a bid proposal not-to-exceed $284,210.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * * Page 11 of 226 8 April 2024 RESOLUTION NO. 5033-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-037) Light Package for Greeno Road at 555 South Section Street, City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Please see attached Bid Tabulation (Bid No. 24-037) Light Package for Greeno Road [3] After evaluating the bids with required specifications, Gresco Utility Supply is now awarded (Bid No. 24-037) Light Package for Greeno Road for the annual not-to- exceed cost of $284,210.00. DULY ADOPTED THIS 8TH DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk * * * * Page 12 of 226 8 April 2024 City Attorney Marcus McDowell read the proposed amended resolution to award the Mass Outdoor Notification System to G & H Systems, LLC. Councilmember Burrell introduced in writing, and moved for the adoption of the following amended resolution, a resolution that the City Council awards a contract (Bid No. 24-027) for an Outdoor Mass Notification System with G & H Systems, LLC (sole bidder), with a total contract price of $106,250.00, that includes a $92,750.00 lump sum for materials/equipment and $13,500.00 for a maintenance and support agreement. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Page 13 of 226 8 April 2024 RESOLUTION NO. 5034-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council awards a contract (Bid No. 24-027) for an Outdoor Mass Notification System with G & H Systems, LLC (sole bidder), with a total contract price of $106,250.00, that includes a $92,750.00 lump sum for materials/equipment and $13,500.00 for a maintenance and support agreement. ADOPTED ON THIS 8TH DAY OF APRIL 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves Mayor Sherry Sullivan's selection of Pyro Productions Inc. as Professional Consultant for (RFQ PS24-019) Design and Production of the Fireworks Display for 4th of July 2024, pursuant to Code of Alabama, "Pyrotechnic Shooter Law;" and authorizes Mayor Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with this firm. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5035-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS24-019) for the Design and Production of Fireworks Display for 4th of July 2024; and authorizes Mayor Sherry Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with this firm. DULY ADOPTED THIS 8TH DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 226 8 April 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Start-up and Training for the GPL 750 Standard C1D2 Gas Odorizer from LincEnergy as the manufacturer. The cost will not-to-exceed $13,350.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5036-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [I] That the City of Fairhope approves the procurement of the Start-up and Training from LincEnergy for the GPL 750 Standard C1D2 Gas Odorizer for the not-to-exceed cost of $13,350.00; and LincEnergy is the Manufacturer and Sole Source for Start-up and Training for the gas odorizer. ADOPTED ON THIS 8TH DAY OF APRIL 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope requested an additional $3,589,095.35 Working Waterfront and Greenspace Restoration project from the Alabama Gulf Coast Recovery Council (AGCRC) to award RESTORE Act Direct Component MIP funds which is 75% of the overrun amount. The AGCRC has approved this request and the City of Fairhope has committed to cover the remaining 25% ($1,186,365.11); and that the City Council authorizes the Mayor to sign the co- funding commitment letter on behalf of the City. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 15 of 226 8 April 2024 RESOLUTION NO. 5037-24 APPROVAL OF CO-FUNDING COMMITMENT FOR GRANT NO. M1A14-FHWW RESTORE ACT WORKING WATERFRONT AND GREENSPACE RESTORATION WHEREAS, the City of Fairhope was awarded a RESTORE Act Grant (M1A14- FHWW) from the US Department of Treasury on September 15, 2022 in the amount of $5,212,919.00 for the City of Fairhope’s Working Waterfront and Greenspace Restoration Project construction phase; and WHEREAS, the City did bid the project two times with the one (1) bid coming in at $11,629,458.61 which was $6,416,539.61 over the amount allocated for construction costs on the grant; and WHEREAS, the City of Fairhope did reject the bid and entered into negotiations with the bidder to reduce the construction costs by $1,641,079.15 to $9,988,379.46; and WHEREAS, the Alabama Department of Conservation and Natural Resources (ADCNR) did request additional RESTORE Act Direct Component MIP funds from Alabama Gulf Coast Recovery Council (AGCRC) for $3,589,095.35 (75% of the overrun amount) to cover the additional costs; and WHEREAS, the AGCRC approved the additional amount on April 1, 2024 increasing the total grant amount to $8,802,014.35 with $1,186,365.11 overrun remaining; and NOW, THEREFORE IT BE RESOLVED BY THE CITY OF FAIRHOPE, IN REGULAR SESSION ASSEMBLED, that the City will commit to cover the remaining construction costs of $1,186,365.11; and BE IT FURTHER RESOLVED BY THE CITY OF FAIRHOPE, that the Council authorizes the Mayor to sign the co-funding commitment letter on behalf of the City. DULY ADOPTED THIS 8TH DAY OF APRIL, 2024 _________________________________ Corey Martin, Council President Attest: ___________________________________ Lisa A. Hanks, MMC City Clerk Page 16 of 226 8 April 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves Amendment No. 1 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to-exceed amount of $4,400.00, increasing the original contract total to $52,400.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5038-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves Amendment No. 1 to the Contract Agreement with Watershed for (RFQ PS24-008) Professional Architectural and Engineering Services for Nature Center Building Rehabilitation for a not-to-exceed amount of $4,400.00, increasing the original contract total to $52,400.00; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. ADOPTED ON THIS 8TH DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell moved to grant the request of the Boy Scouts of America Troop 47 requesting permission to hold a one-time, overnight camp at Flying Creek Nature Preserve as a service project. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between the Alabama Enforcement Agency (ALEA), and the City of Fairhope Police Department pursuant to Section 36-21-49, Code of Alabama 1975. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Page 17 of 226 8 April 2024 RESOLUTION NO. 5039-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between the Alabama Law Enforcement Agency (ALEA), and the City of Fairhope Police Department pursuant to Section 36-21-49, Code of Alabama 1975. ADOPTED ON THIS 8TH DAY OF APRIL, 2024 ______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to authorize submission to the FEMA Homeland Security Grant Program to purchase eight (8) Gibraltar 20’ Vehicle Mitigation Barriers to utilize at four major intersections during events for the City of Fairhope Police Department. The total cost is $76,000.00, with no match required. The Alabama Law Enforcement Agency (ALEA) is the state administrative agency for this grant. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5040-24 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes submission to FEMA Homeland Security Grant Program to approve eight (8) Gibraltar 20’ Vehicle Mitigation Barriers to utilize at four major intersec tions during events. The total cost is $76,000.00, with no match required; and Alabama Law Enforcement Agency (ALEA) is the state administrative agency for this grant. DULY ADOPTED THIS 8TH DAY OF APRIL 2024 _____________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 226 8 April 2024 City Council reviewed an application for a Restaurant Liquor License by Douglas Kerr, Dragonfly Productions, LLC, d/b/a Dragonfly Food Bar, located at 18874 Section Street, Fairhope, Alabama 36532. Councilmember Burrell moved to approve the issuance of the license. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by David Holloway, Holloway Catering LLC, d/b/a Delta Grocery, located at 8594 US Hwy 98, Fairhope, Alabama 36532. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Beer/Wine Off Premises License by John Matthew Poplawski, Wawa Alabama LLC, d/b/a Wawa 5801, located at 38968 Greeno Road, Fairhope, Alabama 36532. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by William Fusaiutti, Bens Jr BBQ LLC, d/b/a Bens Jr. BBQ, located at 552 N. Section Street, Fairhope, Alabama 36532. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Jessie Patterson, 10630 County Road 1, addressed the City Council regarding the Fitness Court and said it was a good move. Mr. Patterson commented that the Fairhope Public Library is fabulous and we love it. 2) Rebecca Watson, 124 Fig Avenue, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. She requested that the City Council have the Library relocate the books. 3) Kim Baer, 114 Echo Lane, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. She said inappropriate books need to be relocated. 4) Wendy Pickerling from Orange Beach addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. She requested inappropriate books to be relocated. 5) Doug Greengard, 311 Wakefield Avenue, addressed the City Council regarding his opposition to some books in the teen section of the Fairhope Public Library. He told the City Council that if no one say anything, you agree with it. Page 19 of 226 8 April 2024 Councilmember Robinson said you have a right to be heard and have your own opinions. He said companies rate this books like movies; and inappropriate books should not be in the kids section if not rated for them. Councilmember Robinson said he would not let his children read inappropriate material. 6) Allen Hammack, 313 Blackfriars Street, addressed the City Council regarding his opposition to some books in the teen section of the Fairhope Public Library. 7) Charles Wilson, 489 Bartlett Avenue, addressed the City Council regarding his opposition to some books in the teen section of the Fairhope Public Library. 8) Nicole Krammer, resident of Fairhope, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. She requested inappropriate books to be relocated not banned. 9) Carol Wilson, 489 Bartlett Avenue, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. Ms. Wilson said she challenged a book; appealed the decision; and the Library Board upheld the Director ’s decision. 10) Alesia Waugh, 103 Par Circle, addressed the City Council regarding her support for the Fairhope Public Library. She showed the audience her cell phone and said books should not be banned but take the cell phone away. Ms. Waugh commented that books should be available to everyone. 11) Renee Wilkins, 35474 State Highway 225, Spanish Fort, Alabama, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. She requested inappropriate books to be relocated. 12) Debbie Greengard, 311 Wakefield Avenue, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. 13) Melissa Gates, 1280 Rigby Road, Mobile AL, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. 14) Sarah Bogdanovich, 618 Bellangee, addressed the City Council regarding her support for the Fairhope Public Library. She is a social worker and registered clinical therapist who works with problematic children. Ms. Bogdanovich stated she recognizes parents are concerned but said she has never heard anyone say they read to be this way. 15) Brian Dasinger, 115 Keplar Avenue, passed out a resolution titled “Baldwin County Conservative Coalition Resolution.” He addressed the City Council regarding his opposition to some books in the teen section of the Fairhope Public Library. He told the City Council to take a vote to show where they stand. 16) Elizabeth Williams, 702 Greenwood Avenue, addressed the City Council regarding her support the Fairhope Public Library. She said that members were asked to wear yellow to show their support. 17) Celia Waters, 308 South Tee Drive, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library. Page 20 of 226 8 April 2024 Council President Martin stated for the record, “we have gone to the Library and looked at the sections being discussed.” 18) Sela Robbins, 59 Fels Avenue, addressed the City Council regarding her support the Fairhope Public Library and stated the books could be shelved somewhere but available if needed. Ms. Robbins said she needed books after her mother passed away due to opioids. 19) David Gespass, 40 Echo Lane, addressed the City Council regarding his support the Fairhope Public Library. He said the books are there for young adults; and those who need help and gets help with the books. 20) Rian Hamby, 19849 Buds Lane, addressed the City Council regarding his support the Fairhope Public Library. He commented that these are not City problems; and said he is here to support the City Council, Mayor, Fairhope Public Library, Fairhope Library Board, and Fairhope Library employees. Mr. Hamby said we should be looking at traffic issues, infrastructure, etc. 21) Brent Shaw, 19721 Hunters Loop, regarding his opposition to some books in the teen section of the Fairhope Public Library. 22) Lorraine Sewell, 13974 State Highway 181, regarding her support the Fairhope Public Library and stated kids are exposed to things outside of the Library. 23) Carrie Hosier, 10261 Wexford Lane, Daphne, Alabama, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library; and these affect lives at home. 24) Leigh Bancroft, 18633 Twin Beech Road, regarding her support the Fairhope Public Library and stated the books help teens process their problems; and help cope with the problems too. 25) Lindsay Windom, 22811 Hillwood Road, regarding her support the Fairhope Public Library and works with the Library. She said we want to protect kids but parents have the ultimate say. 26) Randy Hosier, 10261 Wexford Lane, Daphne, Alabama, addressed the City Council regarding his opposition to some books in the teen section of the Fairhope Public Library. 27) Stephanie Durnin, 209 Hemlock Drive, addressed the City Council regarding her opposition to some books in the teen section of the Fairhope Public Library; and would like the books relocated. Councilmember Robinson addressed the audience and said we want our children to see good or to not see bad until they are at the right age. He commented that the adults who disagreed with the others and vice versa, the behavior seen tonight is unacceptable behavior. Councilmember Robinson said we want everything to be better for our children. Council President Martin announced that Agenda Item Number 29 (Executive Session) was pulled from the Agenda. Page 21 of 226 8 April 2024 Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Boone, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 8:02 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 226 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 8 March 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Martin called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Presentation by Principal Jenny Breazeale of Fairhope West Elementary School. Ms. Breazeale showed a video of how the 3 mil tax proceeds were used at her school. She thanked the City Council for their help and support. Ms. Breazeale said their slogan is “West Wins” and they expect excellence. She named a few “Rocks” such as engagement, student collaboration, family engagement, community feel, and the “Big Rock” attendance. She said we want to make it fun for the kids; we build leaders by our investment in teachers. • The next item on the Agenda was the Discussion of the Bay Scouts of America Troop 47 Overnight Camping and Service Project at Flying Creek Nature Preserve by City Engineer Richard Johnson. He said this would be one night, May 18, 2024, and they will complete a service project. • The Discussion to Hire a Consultant for a Market Feasibility Study for Fairhope Docks Marina versus the Established Plan. Councilmember Burrell explained the vision and mentioned the grant application that was already done. Council President Martin questioned if a study were needed for the plan or could the plan be used. Councilmember Conyers commented that we need to dust off the plan and decide what we want to do. He said this was probably put on back burner due to other projects being priority. Councilmember Boone said the Harbor Board is looking for direction. Harbor Board member Skip Jones addressed the City Council and stated the plan was presented to them. He said we need to look at plan and see if we need a consultant. He told the City Council that the Harbor Board would review and bring back their thoughts. • The Discussion of Fitness Court Placement was next on the agenda. Council President Martin stated he was okay with the Fitness Court. Councilmember Robinson said it would get more use at the pier property but after seeing it put together, it is not for that site. Councilmember Burrell said there was misconception where it would be placed; and now he is okay with the Mike Ford Tennis Center. Councilmembers Conyers and Boone agreed with the other Councilmembers. Page 23 of 226 Monday, 8 April 2024 Page -2- • Councilmember Burrell said the Airport Authority meeting is tomorrow evening. • Councilmember Boone said the Harbor Board meeting is on Wednesday. • City Treasurer Kim Creech addressed the City Council regarding Agenda Item No. 8; and answered any questions if needed. Bond Attorney Kane Burnette explained the need for immediate consideration. • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No. 18; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 9, No. 10, No. 11, and No. 12; and answered any questions if needed. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 16; and answered any questions if needed. He recommended to award the contract for the Outdoor Mass Notification System. City Attorney Marcus McDowell was asked to prepare an amended resolution for this Agenda Item. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 6, No. 7, No. 19, No. 20, and No. 21; and answered any questions if needed. • Community Affairs Director Paige Crawford addressed the City Council regarding Agenda Item No. 17; and answered any questions if needed. • Public Works Director George Ladd addressed the City Council regarding Agenda Item No. 13; and answered any questions if needed. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 15; and answered any questions if needed. • Recreation Director Pat White addressed the City Council regarding Agenda Item No. 14; and answered any questions if needed. • Chief Stephanie Hollinghead addressed the City Council regarding Agenda Items No. 22, No. 23, No. 24, No. 25, No. 26, No. 27, and No. 5; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:45 p.m. _________________________________ Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-98 FROM: Kevin Boone - COUNCILMEMBER SUBJECT: Montrose Historic Preservation Society Resolution Concerning the Historic Henry Stuart Structure “Tolstoy Park” AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Resolution concerning the Historic Henry Stuart Structure “Tolstoy Park” BACKGROUND INFORMATION: Be it enacted this date April 2nd, 2024, by the Officers and membership of the Montrose Historic Preservation Society that our society supports a contemplated action to save and preserve this endangered historic structure by carefully relocating it to the nearby “Flying Creek Nature Preserve” a short distance away. This area is a wooded attractive environment accessible to the public. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 25 of 226 MQntrose Historic Preservation Society Post Office Box 637 . Montrose, AL 36559 A resolution concerning the historic Henry Stuart structure "Tolstoy Park''. Be it enacted this date April 2nd, 2024, by the Officers and membership of the Montrose Historic Preservation Society that our society supports a contemplated action to save and preserve this endangered historic structure by carefully relocating it to the nearby "Flying Creek Nature Preserve" a short distance away. This area is a wooded, attractive environment accessibl to the public. Go~l~ President Page 26 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-274 FROM: Jay Robinson, COUNCILMEMBER SUBJECT: Ordinance To Establish a Historic Preservation Commission in the City of Fairhope. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Adopt Ordinance to Establish a Historic Preservation Commission in the City of Fairhope. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 27 of 226 1 ORDINANCE NO. ______ AN ORDINANCE TO ESTABLISH A HISTORIC PRESERVATION COMMISSION IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE: Section I: Purpose A. In 1989, the State of Alabama enacted legislation authorizing all municipalities to adopt ordinances to establish historic development commissions, and to promote educational, cultural, economic and general welfare of Alabama municipalities through preservation and protection of historic resources. (Alabama Code §§ 11-68- 1 through 11-68-15). B. Alabama Code § 11-68-14 additionally authorizes the City to grant the Commission additional powers set forth in Alabama Code Title 11 Chapter 68. C. In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Fairhope is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; D. In order to stimulate revitalization of the business district and historic neighborhoods and to protect and enhance local historical and aesthetic attractions to tourists and thereby promote and stimulate business; E. In order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; F. In order to participate in federal or state programs to promote the protection, preservation, and rehabilitation of historic properties; G. The City Council of the City of Fairhope hereby declares it to be the purpose and intent of this Ordinance to establish a Historic Preservation Commission in the City of Fairhope in accordance with the provisions of the Ordinance. NOW, THEREFORE, in consideration of these findings, the Council hereby adopts this Ordinance as follows. Section II: Creation of a Historic Preservation Commission A. Creation of the Commission 1. There is hereby created a Commission whose title shall be "City of Fairhope Historic Preservation Commission" (hereinafter "Commission") pursuant to §§ 11-68-1 through 11-68-15 of the Code of Alabama (1975). 2. The Commission shall constitute a non-profit governmental agency whose funds shall be used exclusively for public purposes as provided herein. B. Commission Members: Number, Appointment, Terms, Compensation and Rules and Standards 1. The Commission shall be composed of seven (7) members, who shall have demonstrated training or experience in the fields of history, architecture, architectural history, urban planning, archaeology, law, or related fields, or who shall have demonstrated an interest in historic preservation with training in historic preservation. Members of the Commission shall be bona fide residents of the territorial jurisdiction of the City of Fairhope. Page 28 of 226 2 Not more than one of the members of the Commission shall be a public official, and such public official shall meet the experience and residency requirements set forth hereinabove. 2. Members of the Commission shall be nominated by the Mayor and appointed by the City Council. Nomination and appointment of members of the Commission shall be made to ensure that the Commission will be composed of persons having as much of the training and experience specified in section (1) as possible. 3. Except for the original members of the Commission, members of the Commission shall serve three year terms and shall be appointed in such a manner so as to serve overlapping terms. Two of the original members of the Commission shall be appointed to serve a one year term, two of the original members of the Commission shall be appointed to serve a two year term, and the remainder of the original members of the Commission shall be appointed to serve a three year term. Members of the Commission may be reappointed. 4. Members of the Commission shall serve without compensation but may be reimbursed for expenses incurred on behalf of the Commission in accordance with the rules and regulations for the reimbursement of expenses adopted by the Commission and allowed by law. 5. Any vacancy occurring on the Commission other than by expiration of term shall be filled for the unexpired term of such member by the procedures set forth in section 2 above. 6. Conflict of Interest. No member shall vote, present, discuss or participate in any matter in which the member has a Conflict of Interest or in which the member or any family member has any financial gain or interest. 7. Members of the Commission may be removed for cause by the City Council, which shall be established in the sole discretion of the City Council. 8. Members of the Commission shall elect a chairman and a vice chairman and such other officers as the Commission deems necessary. The Commission shall adopt rules of procedure and bylaws to govern its operations and shall provide a copy of those rules of procedure and bylaws to the City Council. The rules of procedure and bylaws of the Commission shall specify what number of members of the Commission constitutes a quorum. The Commission’s rules of procedure and bylaws may be amended from time to time by the Commission. C. Commission Meetings, Minutes and Public Participation 1. All meetings of the Commission must be publicly announced and be open to the public. Commission meetings must occur at regular intervals. Written notice must be provided prior to all meetings, including any special meetings, in accordance with Alabama law, and the Commission shall furnish a copy of its meeting schedule to the City Clerk, Mayor, and Commission Members and post such notices on the City’s web page. The Commission shall meet by public meeting at least four (4) times per year. 2. Minutes of all decisions and actions of the Commission, including the reasons for making these decisions must be submitted to the City Clerk and available for public inspection. 3. All decisions of the Commission shall be made in a public forum. 4. The rules of procedure and bylaws adopted by the Commission must be available for public inspection and constitute a public record that shall be furnished to the City Clerk. Page 29 of 226 3 D. Statement of the Commission's Power 1. The Commission shall be authorized with the powers and duties as set forth in this Ordinance and described in Alabama Code § 11-68-5, including but not limited to: a. Prepare a survey of all property within the City limits of Fairhope that identifies properties with historic or cultural significance in accordance with standards established by the Alabama Historical Commission; b. Promote acquisition of façade and conservation easements by the City or by the Commission; c. Develop and conduct educational programs on the benefit of historic projects and historic preservation subjects; d. Make recommendations for potential acquisition of historic properties to the City of Fairhope; e. Make such investigations and studies of matters relating to historic preservation as the City deems necessary and appropriate; f. Seek out local, state, federal and private funds for historic preservation, and make recommendations to the City Council concerning the most appropriate use of any funds acquired; g. Review and make comments to the Alabama Historical Commission concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; h. Investigate, survey and process nominations of properties to the National Register of Historic Places; i. Investigate, survey and process applications for certification of historic properties for tax credits for preservation expenditures; and j. Participate in private, state and federal historic preservation programs and enter into agreements with same to perform historic preservation related functions as authorized by City Council. E. Annual Reports of the Commission's Activities 1. The Commission shall prepare and file with the City Council and with the Alabama Historical Commission, an annual report of its activities as required by the City Council and the Alabama Historical Commission. The annual report shall cover the period from October 1st to September 30th and shall be submitted in October of each year. The report shall include such items as the details of educational and outreach programs of the Commission, revised resumes of Commission Members/staff, appointments to the Commission, and all minutes relating to the review of National Register nominations. The report shall document attendance at the orientation and training sessions of Commission Members. F. Records of Commission Meetings 1. A public record shall be kept of the Commission's resolutions, proceedings and actions. Page 30 of 226 4 G. Responsibilities of Commission Members 1. Each Commission Member and anyone serving the Commission in a technical/professional staff capacity are encouraged to attend informational or educational meetings each year pertaining to historic preservation. Such meetings may include those sponsored by the Alabama Historical Commission, the National Trust for Historic Preservation, or a local preservation organization. H. Liaison Between the Commission and the State Historic Preservation Office (Alabama Historical Commission) 1. Should the City Council elect to become a Certified Local Government (“CLG”), the City Council shall designate an employee of the City or a person working under contract as a source of technical, administrative, or professional assistance to be responsible for the operations of the Commission pursuant to the requirements of certification for participation in the Certified Local Government Program. At least one member of the Commission and/or the person serving as the Commission's liaison will attend the Alabama Certified Local Government orientation training session sponsored by the Alabama Historical Commission each year. Section III: Separate Process for Designation of Historic Districts and Historic Properties A. Upon recommendation by the Commission, and in the event the City Council desires to create a process to designate historic properties and historic districts within the City limits and establish requirements for a Certificate of Appropriateness procedure pursuant to Alabama Code §§ 11-68-6 through 11-68-9, a separate ordinance by City Council must be enacted in accordance with Alabama law, including all applicable public notice and public hearing requirements, to establish the procedure for designation of historic properties and historic districts. Section IV: Severability A. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Section V: Definitions A. “Certified Local Government” (CLG) – means a local government certified by the National Park Service and the Alabama Historical Commission to participate in the federal Historic Preservation Program and be eligible to receive federal technical assistance and funding for preservation activities. B. "City" – means the City of Fairhope, an Alabama municipal corporation. C. “City Council” – means the elected members of the City Council of Fairhope, Alabama. D. "Commission" – means the City of Fairhope Historic Preservation Commission as established pursuant to this Ordinance. E. “Commissioner” or “Commission Member” – means a person appointed to the Commission pursuant to this Ordinance. Page 31 of 226 5 F. “Conflict of Interest” – means a conflict on the part of a Commissioner between his or her private interest and the responsibilities imposed by this Ordinance. A Conflict of Interest involves any action, inaction, or decision by a Commissioner or in the discharge of his or her duties which would materially affect his or her financial interest or those of his or her immediate family members or any business with which the person is associated. G. “Mayor” – means the Mayor of the City of Fairhope. Effective Date This Ordinance shall become effective on _____________,2024 and publication as required by law. THEREFORE, BE IT RESOLVED, that the City Council does hereby ordain, resolve, and enact the foregoing Historic Preservation Commission Ordinance for the City of Fairhope. APPROVED AND ADOPTED THIS 22ND DAY OF APRIL, 2024 ______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk APPROVED AND ADOPTED THIS 22ND DAY OF APRIL, 2024 ______________________________ Sherry Sullivan, Mayor Page 32 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-366 FROM: SUBJECT: Annexation - Tom Mitchell and the Fairhope Single Tax Corporation located at State Highway 181 Rockwell Place Lot 1, Common Area 1, Common Area 2, Rockwell Boulevard ROW and Bushel Drive ROW, Fairhope, Alabama. PPIN# 348043. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Adopt Ordinance to Annex Tom Mitchell and the Fairhope Single Tax Corporation located at State Highway 181 Rockwell Place Lot 1, Common Area 1, Common Area 2, Rockwell Boulevard ROW and Bushel Drive ROW, Fairhope, Alabama. PPIN# 348043. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 33 of 226 ORDINANCE N O . --- WHEREAS , TOM MIT CHELL AN D THE FAIRHOP E SINGLE TAX CORPORAT IO N , the owners of the hereinafter described property, did , in writing , petition the City of Fairhope, a municipal corporation, for annexation under Section 11-42-21 of the Code of Alabama, 1975 , as amended ; and WHEREAS , a map of said property is attached to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OFF AIRHOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality ; be and the same is hereby annexed to the City of Fairhope, Alabama, to-wit: Property is located at State Highway 181 Rockwell Place Lot 1, Common Area 1, Common Area 2 , Rockwell Boulevard ROW and Bushel Drive ROW, Fairhope, Alabama. LEGAL D ESC RIP TIO N : PARCEL ID: 4 6-01-0 2-0-000-001.503 PPI N # 34804 3 BEGINNING AT THE NORTHWEST CORNER OF LOT 1, ROCKWELL PLACE, AS RECORDED AS SLIDE 2942-B , IN THE OFFICE OF THE JUDGE OF PROBATE , BALDWIN COUNTY, ALABAMA ; SAID POINT ALSO BEING ON THE EAST RIGHT- OF-W A Y LINE OF ALABAMA STATE HIGHWAY 18 1; THENCE RUN S89°49'53"E , LEAVING SAID EAST RIGHT-OF-WAY LINE, AND ALONG THE NORTH LINE OF SAID ROCKWELL PLACE, 854.81 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BUSHEL DRIVE ; THENCE RUN S00 °10'09"W , LEA YING SAID NORTH LINE , AND ALONG SAID EAST RIGHT-OF-WAY LINE OF SAID BUSHEL DRIVE , 23.43 FEET TOAPOINT;THENCERUNSOUTHWESTERLY,ALONGSAIDEASTRIGHT-OF-WAY LINE , AND A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET, A DELTA ANGLE OF 60 °36'3 l ", A CHORD OF WHICH BEARS S30 °28'25 "W FOR 126.15 FEET AN ARC LENGTH OF 132 .23 FEET TO A POINT ; THENCE RUN S60 °46'40"W , ALONG SAID EAST RIGHT-OF-WAY LINE , 366 .79 FEET TO A POINT ; THENCE RUN SOUTHWESTERLY, ALONG SAID EAST RIGHT-OF-WAY LINE, AND A CURVE TO THE LEFT HAVING A RADIUS OF 175.00 FEET, A DELTA ANGLE OF 60 °40'31", A CHORD OF WHICH BEARS S30 °26'25"W FOR 176.78 FEET AN ARC LENGTH OF 185.32 FEET TO A POINT; THENCE RUN S00 °07'27"W , ALONG SAID EAST RIGHT-OF-WAY LINE , 862 .18 FEET TO A POINT ; THENCE RUN N 89°53'51"W , LEAVING SAID EAST RIGHT -OF-WAY LINE, AND ALONG THE SOUTH LINE OF SAID ROCKWELL PLACE , 424.91 FEET TO A POINT ON SAIDEASTRIGHT-OF-WAYLINEOF ALABAMA STATE HIGHWAY 181 ; THENCE RUN N00 °17'32"E, LEAVING SAID SOUTH LINE OF ROCKWELL PLACE, AND ALONG SAID EAST RIGHT-OF-WAY LINE, 414.46 FEET TO A POINT; THENCE RUN NORTHEASTERLY, ALONG SAID EAST RIGHT-OF-WAY LINE , AND A CURVE TO THE RIGHT HA YING A RADIUS OF 7,939.44 FEET, A DELTA ANGLE OF 02 °29'34", A CHORD OF WHICH BEARS N0l 0 36'17"E FOR 345 .38 FEET AN ARC LENGTH OF 345.40 FEET TO A POINT ; THENCE RUN N02 °55'02"E, ALONG SAID EAST RIGHT-OF-WAY LINE , 305 .01 FEET TO A POINT; THENCE RUN NORTHEASTERLY , ALONG SAID EAST RIGHT-OF-WAY LINE, AND A CURVE TO THE LEFT HAVING A RADIUS OF 7 ,739.44 FEET, A DELTA ANGLE OF 01 °16'39", A CHORD OF WHICH BEARS N02 °16'44"E FOR 172 .55 FEET AN ARC LENGTH OF 172.55 FEET TO A POINT ; THENCE RUN N07 °13'33"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 91.65 FEETTOTHEPOINTOFBEGINNING. CONTAINING 15 .l0ACRESMORE OR LESS, OR 657 ,933 SQ . FT MORE OR LESS , AND LYING IN SECTION 2, TOWNSHIP 6 SOUTH , RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. Page 34 of 226 Ordinance No. Page -2- This property shall be zoned R-1 , Low Density Single-Family Residential District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County, Alabama. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 22nd day of April, 2024 Attest: By:---------- Lisa A. Hanks. MMC City Clerk By : __________ _ Corey Martin , Council President Adopted and approved this 22nd day of April , 2024 By: -------------Sherry Sullivan, Mayor Page 35 of 226 CITY OF FAIRHOPE P.O. DRAWER429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN )( )( We , the und e rsigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama , but being contiguou s to the said Corporate Limits ; and such property not lying within the corporate limits or police jurisdiction of any other municipality , do, by these presents, hereby petition the City of Fairhop e, a municipal corporation , that said property be annexed into the City of Fairhope, Alabama . The subject land is delin eated on the map atta ched hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous . This petition is fil ed unde r authority of Section 11 -42 -21 , Code of Alabama , 1975 , as amended . )( This petition is for R-1 Zoning □ The condition of the Petition is that zoning be established as _______ _ Concurrent with Annexation. (Zoning Request) Is this property colony property X Yes ___ No . If this property is colony pro , t ope Single Tax Office must sign as a petitioner. Tom Mitchell Print petitioner 's name LeeTurner PM.i~}fS~ Print petition £r•s name Signature of Petitioner Print petitioner 's name Physical Address of property being annexed: _0 _S_ta_t_e_H_w_..:.._y _1_8_1 _______ _ Petitioner 's Current Physical Address: Petitioner 's Current Mailing Address : East 1st St PO Box 579 Bay Minette, AL 36507 Bay Minette, AL 36507 Telephone Number(s): __________ 2_5_1-_9_3_7_-9_5_9_4 _____ _ o1 Home Work Tax Parcel ID Number: 05-46-~-02-0-000-001.503* Size of Prop erty : _1_5_.1_0 __ _ * Lot 1 Common Area 1 Common Area 2 Rockwell Blvd ROW & Bushel Dr ROW , as shown on the Rockwell Place Final Plat (Inst #2116756), comprise the portion of parcel 05-:46-~-02-q-000-001 .503 being petitioned for annexation into the City of Fairhope . Lot 2 of Rockwell Place shall remain mr aldwm Co . 0.1 Page 36 of 226 Petition for Annexation Page -2- I De!, oral, ~~1,J a Notary Public in and for said State and County, hereby dertify that =r~:ditl whose name(s) is/are signed to the forgoing Peti ti on and who is/are known to me, this day appeared before me and, being first duly sworn, ac knowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal thi q-M/ day of _,,,..... __ ~ 201!/__, No My commission expires !J-'J..-'J_O')..I., I, ~l\.\\A,!i✓ f;\kAV\S Sa\A .['~a Not~ Public in and for said State and County, hereby certify that :1u.~A,P5il'"'fr~ose name(s @re signed to the forgoing ,111 11111,P,~J!tion and wh @lre known to me , this day appeared before me and, being first duly sworn, ~,,,,,,, ..... ~~}edge th~she/they have voluntarily executed this Petition on this day same bears date . ~r-,•· Mr'•,'11,,,c-~ tfl!%a ~ t{ ~ y.•~ Ca •.~~ ~ i-S :'._$J "1,¢_,., %--~ •• ~ \Given under my Hand and Seal this -~__,... y of 20~ .: •Jfe~ r~ ~-~ ~ :o:;;o • <;:.,w:~:: :-n•-< • .....,i•:z= =-,,. : -o • (~a : "' : ~ I'"'" • C: ,.._, • ,_ - ~Y, ', ~ O," :;;: ~ ~~•.</c ,.~.·~ ~ ~ ~ ~•. S~•·o•7 ~ "'~ ~ ••••••••• C}---0 '!'ti.~ .,,,,1 ,,,,... My commission expires '''''"""''''''' --------- I, _____________ a Notary Public in and for said State and County, hereby certify that ____________ whose oame(s) is/are signed to the forgoing Petition and who is/are known to me , this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this ___ day of ____ __,, 20__, (S eal) Notary Public My commission expires ________ _ Page 37 of 226 N ~ WW E s Exhibit A Tom Mitchell Annexation and Zoning to R-1 Parcel Number: 05-46-01-02-0-000-001.503 Rockwell Place Lot 1, Common Area 1 & 2 Rockwell Blvd ROW & Bushel Dr ROW Legend -Road Zoning District B-2 -General Business District PUD -Planned Unit Development □Parcels Page 38 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-363 FROM: Lisa Hanks, CITY CLERK SUBJECT: That the City Council hereby consents to and approves the acquisition, improvement and financing of the facilities constituting a part of the Project located in the City, and the issuance of the Bonds for the purposes set forth in this resolution and the refunding of such Bonds from time to time pursuant to Title 11, Chapter 62 of the Code of Alabama, as amended. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Consent and Approve the acquisition, improvement and financing of the facilities constituting a part of the Project located in the City, and the issuance of the Bonds for the purposes set forth in this resolution and the refunding of such Bonds from time to time pursuant to Title 11, Chapter 62 of the Code of Alabama, as amended. BACKGROUND INFORMATION: This consent and approval is being given pursuant to, and solely for the purposes of, the provisions of Title 11, Chapter 62 of the Code of Alabama of 1975, as amended. This consent to and approval of the issuance of the Bonds should not be construed as expressing any view whatsoever as to the financial feasibility of the Project or the adequacy of any security provided for the Bonds. This certificate shall never be taken to impose any liability of any kind whatsoever upon the City or the undersigned, in either an individual or official capacity. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 39 of 226 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 40 of 226 RESOLUTION NO. ________ FOR APPROVAL OF INFIRMARY HEALTH SYSTEM PROJECTS PURSUANT TO TITLE 11, CHAPTER 62 OF THE CODE OF ALABAMA WHEREAS, Infirmary Health System Special Care Facilities Financing Authority of Mobile, a public corporation organized under the laws of the State of Alabama (the “Authority”), proposes to issue its revenue bonds (the “Bonds”) to provide financing for the benefit of Infirmary Health System, Inc., an Alabama nonprofit corporation (“IHS”), and its affiliates, Mobile Infirmary Association, an Alabama nonprofit corporation (“Mobile Infirmary”), and Gulf Health Hospitals, Inc., an Alabama nonprofit corporation (“Gulf Health”). IHS, Mobile Infirmary and Gulf Health are the members of an Obligated Group (the “Obligated Group”) under a master trust indenture and will be obligated for the payment of the Bonds. IHS and the other members of the Obligated Group own and operate health care facilities in the City of Mobile, Mobile County and Baldwin County; WHEREAS, the Bonds are being issued in one or more series, at one or more times, in an aggregate principal amount of up to $350 million (the “Maximum Amount”) as part of a plan to finance or refinance certain health care facilities of the Obligated Group. All series of Bonds to be issued under the plan of financing will be issued within three years after the issue date of the first issue. Proceeds of the Bonds will be made available to IHS and the other members of the Obligated Group and used to: (1) refund all or a portion of certain outstanding indebtedness (the “Refunded Debt”) issued for the benefit of the Obligated Group, including without limitation the Authority’s Revenue Bonds (Infirmary Health System, Inc.), Series 2021B issued in the original principal amount of $20,000,000 and its Revenue Bonds (Infirmary Health System, Inc.), Series 2021C issued in the original principal amount of $50,000,000. The Refunded Debt financed, refinanced or reimbursed costs of health care facilities operated by the Obligated Group at the locations listed below; and (2) finance or reimburse IHS or other members of the Obligated Group for the costs of certain capital improvements to the Obligated Group’s health care facilities, which may include hospital facilities, medical office buildings, outpatient clinics, building additions or renovations, new or replacement equipment and other capital expenditures for the integrated health care delivery system of IHS. The capital improvements to be financed or refinanced with proceeds of the Bonds are referred to collectively herein as the “Project”; WHEREAS, all or portions of the Project may be located at locations where IHS operates its health care delivery system, including the Thomas Hospital campus, located at 750 Morphy Avenue, Fairhope, Alabama; WHEREAS, the facilities that comprise the Project are or will be owned and operated by IHS, MIA, Gulf Health, Infirmary Health Hospitals, Inc. and/or their subsidiaries and affiliates (each of which is a member of the Obligated Group or an affiliate of IHS); and WHEREAS, the Bonds will be special or limited obligations of the Authority payable solely from payments by IHS pursuant to one or more loan agreements and corresponding notes, and payments by the Obligated Group pursuant to one or more master indenture obligations. The Bonds will not be general obligations of the Authority and will not in any way constitute a debt, liability or obligation of the State of Alabama or any political subdivision of the State of Alabama, including without limitation, the City of Fairhope, Alabama (the “City”). The Bonds will not be payable from any tax revenues. Page 41 of 226 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that it hereby consents to and approves the acquisition, improvement and financing of the facilities constituting a part of the Project located in the City, and the issuance of the Bonds for the purposes set forth herein and the refunding of such Bonds from time to time. This consent and approval is being given pursuant to, and solely for the purposes of, the provisions of Title 11, Chapter 62 of the Code of Alabama of 1975, as amended. This consent to and approval of the issuance of the Bonds should not be construed as expressing any view whatsoever as to the financial feasibility of the Project or the adequacy of any security provided for the Bonds. This certificate shall never be taken to impose any liability of any kind whatsoever upon the City or the undersigned, in either an individual or official capacity. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, this 22nd day of April, 2024. ______ Corey Martin, Council President ATTEST: Lisa A. Hanks, MMC City Clerk I, Lisa A. Hanks, City Clerk of the City of Fairhope, Alabama, do hereby certify the foregoing to be a true and exact copy of a Resolution approved and adopted by the City Council of the City of Fairhope, Alabama, at its regular meeting held on the 22nd day of April, 2024. Lisa A. Hanks, City Clerk Page 42 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-351 FROM: Sherry Sullivan, MAYOR SUBJECT: The City Council hereby authorizes and selects Corey Martin (Council President) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Authorizes and selects Corey Martin (Council President) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 43 of 226 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the City Council hereby authorizes and se lects Corey Martin (Counc il Pre s id e nt) to be the Voting Delegate during the annu a l meeting of the A lab ama League of Municipalities . ADOPTED THIS 22ND DAY OF APRIL, 2024 Attest: Lisa A. Hanks , MMC City C lerk Corey Martin , Counci l President Page 44 of 226 Gregory D. Cochran, CAE Exemtive D irector DATE: TO: FROM: SUBJECT: ENCLOSURE: February 21, 2024 Mayors The voice of Alabama's municipalities since 1935 Gregory D. Cochran, Executive Director Vo t ing Delegate, Annual Business Session Vo t ing Delegate Authorization Form Mayor Lawrence "Tony" Haygood,Jr., Tuskegee L eague P resident SECOND REQUEST The Annual Convention of t h e Alabama League of Municipalities will be held on May 15-18, 2024, in Hunt sville. The membership's Annual Business Meeting will be held at 4:00 p.m. on May 17, 2024, at the Vo n Braun Ce n ter The League Cons t itut ion contains the following provision pertaining to voting powers of member municipalities at the Business Meeting: "Each member municipa lity shall have one vote on any issue voted on during the annual meeting of the League membership, and that vote may only be cast by the delegate authorized by th e govern ing body of the member municipality." Enclosed is t he official Voting Delegate Authorization Form to be returned to the League. The City or Town Council is charged wi t h designating your municipality's official voting delegate and alternates who wi ll be eligibl e t o cas t t he municipality's vote during the business meeting. An additional copy is being sent t o each municipal clerk, but only one completed form should be returned by each League memb er municipality. Please put this on y our council m eet ing agend a at your earliest convenience so that the council may vote. The comple ted for m must be returned to the League by April 30, 2024, so that y our municipality will b e e ligibl e to cast its vote at the Convent ion. We l ook forward t o you joining us in Huntsville, Greg Cochran Executive Director P.O.Box 1270, Montgomery,AL, 36102, 535AdamsAvenue P: 334-262-2566 F: 334-263-0200 www.almonline.org Page 45 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-345 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City of Fairhope was awarded a grant from the RESTORE Council for the City of Fairhope Stormwater Infrastructure Inventory. This purpose of this project is to fund the development of a GIS inventory of existing stormwater infrastructure features through the City of Fairhope that drains into Mobile Bay and repetitive loss assessment. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Resolution BACKGROUND INFORMATION: The City identified a need for a comprehensive GIS digital inventory of existing stormwater infrastructure features throughout the City. In 2022 the Fairhope City Council approved the submission for the project to RESTORE (Bucket 2 - Water Quality) program. A preliminary cost estimate shows the proposed cost for all components of the project to be $650,000 and applied for $487,500 (75%) of the cost. The City will be responsible for the remainder of $162,500. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: RESTORE Bucket 2 - Water Quality LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 46 of 226 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 47 of 226 RESOLUTION NUMBER _____ AUTHORIZING THE EXECUTION OF A SUBAWARD GRANT AGREEMENT WITH THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES WHEREAS, Alabama Gulf Coast Recovery Council (hereinafter, “AGCRC”), acting by and through its administrative agent, the Alabama Department of Conservation and Natural Resources (hereinafter, “ADCNR”), submitted a grant application for the project entitled “City of Fairhope Storm Water Infrastructure Inventory” (hereinafter the “Project”); and WHEREAS, the City of Fairhope was awarded the grant from Gulf Coast Ecosystem Restoration Council (RESTORE) on March 12, 2024 for the City of Fairhope Storm Water Infrastructure Inventory. NOW THEREFORE THIS SUBAWARD GRANT AGREEMENT, (“Agreement”) is made and entered into by and between the State of Alabama Department of Conservation and Natural Resources and the City of Fairhope (hereinafter “Subrecipient”). Pursuant to this Agreement, ADCNR and Subrecipient (collectively hereinafter “Parties”) agree as follows: 1. PROJECT PURPOSE AND IDENTITY 2. FEDERAL AWARD INFORMATION 3. PROJECT PHASES 4. ALLOCATION OF FUNDS 5. AGREEMENT FUNDING AMOUNT This Agreement obligates the amount of Four-hundred eighty-seven thousand and five-hundred dollars ($487,500.00) for eligible costs in this Project. ADCNR’s funding commitment for the Project shall be pursuant to the Federal Award and shall not exceed a total of Four-hundred eighty-seven thousand and five-hundred dollars ($487,500.00). NOW THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED, that the City of Fairhope authorizes acceptance of the grant award from ADCNR and authorizes the Mayor to sign the Grant Agreement between the State of Alabama Department of Conservation and Natural Resources and the City of Fairhope relating to “City of Fairhope Storm Water Infrastructure Inventory” ACDNR Grant No. B2WQ-FSWI Restore Act) – Bucket 2, in the amount of Four-hundred eighty-seven thousand and five-hundred dollars ($487,500.00) for all eligible project costs; and other grant related documents on behalf of the City for Project. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 ___________________________________ Corey Martin, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 48 of 226 RESOLUTION NO. 4437-22 AUTHORIZING THE SUMBISSION OF A RESTORE ACT GRANT (BUCKET 2-WATER QUALITY) TO THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR A STORM WATER INFRASTRUCTURE INVENTORY WHEREAS, the Alabama Department of Conservation and Natural Resources (ADCNR) is accepting grant applications for the RESTORE Act of 2012 (Bucket 2) funding for projects that enhance water quality ; and WHEREAS, the City has identified a need for Storm Water Infrastructure Inventory , a comprehensive GIS digital inventory of existing stormwater infrastructure features throughout the City of Fairhope that convey into Mobile Bay, a Repetitive Flood Loss Assessment , and an update of the City 's Storm Water Management Plan ; and WHEREAS, a Preliminary Cost Estimate shows the proposed cost for all components of the project to be $650,000.00 ; and WHEREAS , the grant funds will pay for 75 % of the total project costs ($487 ,500 .00) and , if funded , the City will be responsible for contributing 25% ($162 ,500.00); NOW, THEREFORE IT BE RESOLVED that the City of Fairhope authorizes the submission of a grant application to ADCNR requesting $650 ,000 .00 in RESTORE Bucket 2 Funds ; and BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor to sign all required grant application documents on behalf of the City. DULY ADOPTED THIS 25TH DAY OF APRIL, 2022 ~~ Council President Attest: City Clerk Page 49 of 226 Page 50 of 226 Page 51 of 226 Page 52 of 226 Page 53 of 226 Page 54 of 226 Page 55 of 226 Page 56 of 226 Page 57 of 226 Page 58 of 226 Page 59 of 226 1 STATE OF ALABAMA ADCNR Grant #: B2WQ-FSWI MONTGOMERY COUNTY SUBAWARD GRANT AGREEMENT THIS SUBAWARD GRANT AGREEMENT, (“Agreement”) is made and entered into by and between the State of Alabama Department of Conservation and Natural Resources (hereinafter “ADCNR”) and the City of Fairhope (hereinafter “Subrecipient”). Pursuant to this Agreement, ADCNR and Subrecipient (collectively hereinafter “Parties”) agree as follows: 1.PROJECT PURPOSE AND IDENTITY: The purpose of this Agreement is to provide funding under the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (hereinafter “RESTORE Act”) to Subrecipient for implementation of the RESTORE Act Council Selected Restoration Component project titled “City of Fairhope Storm Water Infrastructure Inventory” (hereinafter “Project”). The purpose of this project is to fund the development of GIS inventory of existing stormwater infrastructure features throughout the City of Fairhope that drains into Mobile Bay and repetitive loss assessment for the City of Fairhope Storm Water Infrastructure Inventory; further described in the Federal Award GT3CP24AL0010-01-00. This Agreement between the Parties will be identified by the “ADCNR Grant Number” set forth above in the upper right corner of this Agreement. All invoices and other correspondence submitted to ADCNR in connection with this Agreement must be identified by said Grant Number. 2.FEDERAL AWARD INFORMATION: The Project’s Financial Assistance Award (hereinafter “Federal Award”) in its entirety is hereby incorporated into this Agreement by reference. Information as to the Federal Award associated with the Project includes the following: a.Federal Award Identification Number (FAIN): GT3CP24AL0010 b.Federal Award Period of Performance: 03/12/2024 – 12/21/2028 c.Total Amount of Federal Funds Obligated to Subrecipient: $487,500.00 d.Subrecipient UEI#: MWRPCJENTWL4 e.Total Amount of Federal Award: $16,130,748.66 f.Name of Federal Awarding Agency: Gulf Coast Ecosystem Restoration Council (hereinafter “RESTORE”) g.Pass-Through Entity & Awarding Official Contact Information: Alabama Department of Conservation and Natural Resources Commissioner Christopher M. Blankenship 64 N. Union Street; Suite 468 Montgomery, AL 36130 h.CFDA Number & Name: CFDA# 87.051 “Council-Selected Restoration Component” i.Indirect Cost Rate of Subrecipient: 0% 3.AGREEMENT FUNDING AMOUNT: ADCNR’s funding commitment under this Agreement shall be within the budgetary limits as described herein and pursuant to the Federal Award and shall not exceed a total of four hundred eight-seven thousand, five hundred dollars ($487,500.00). Page 60 of 226 2 4.PROJECT PERIOD: The period allowed for Project completion by the Subrecipient (hereinafter “Project Period”) shall commence on March 12, 2024, and end on September 30, 2026. 5.AGREEMENT TERM: The term of this Agreement shall commence when the Agreement is executed by both Parties and end on September 30, 2026 (hereinafter “Agreement Term”). 6.APPLICABLE LAWS: Subrecipient shall perform and/or procure all Agreement Services in accordance with all applicable federal, state and local laws, codes, regulations, and ordinances, including, but not limited to all executive orders (EO), Office of Management and Budget (OMB) requirements, and RESTORE Regulations. In addition, Subrecipient shall procure all applicable federal, state, and local permits and pay all said fees. Subrecipient further agrees and acknowledges it is responsible for ensuring of all lower tier compliance as to all such requirements. Subrecipient shall at all times maintain effective internal control providing reasonable assurance as to compliance with all requirements. 7.AGREEMENT SERVICES: Subrecipient hereby agrees, in proper sequence and in the time herein specified, to perform all tasks and to provide all the necessary labor, materials, equipment, services and facilities necessary to achieve Project completion and fulfill all terms of this Agreement in accordance with all requirements of the Federal Award, including, but not limited to, any RESTORE-specific Special Award Conditions, and the Gulf Coast Ecosystem Restoration Council Financial Assistance Standard Terms and Conditions contained therein, and all applicable laws (hereinafter “Agreement Services”). Research and Development are not services funded under this subaward. 8.RELIANCE UPON SUBRECIPIENT: Subrecipient acknowledges and hereby accepts responsibility to stay current as to necessary compliance measures and that ADCNR is relying upon the Subrecipient to maintain compliance as to all requirements associated with performance under this Agreement including, but not limited to, all exhibits hereto, required certifications, and all applicable laws. 9.FUNDING AVAILABILITY/SOURCES: Subrecipient acknowledges and agrees the commencement and continuation of this Agreement, as well as any funding to be disbursed pursuant to this Agreement, is contingent on the availability of and actual receipt by ADCNR of the Federal Award funding designated for this Project. 10.ALLOWABLE COSTS: a.Costs allowed under this Agreement shall be determined in accordance with provisions of all applicable federal, state and local laws, regulations, and other requirements including, but not limited to, the following: i.Federal Award; ii.Special Award Conditions incorporated within the Federal Award; iii.2 C.F.R. Part 200; and iv.31 C.F.R. Part 34. b.Subrecipient agrees that any expenditure related to any type of lower tier contract or subaward support prior to both receipt of written approval from ADCNR and execution of a written agreement pursuant to Paragraph 24 of this Agreement may be disallowed at the sole discretion of ADCNR. Page 61 of 226 3 c.Subrecipient shall immediately notify ADCNR in writing in the event, subsequent to execution of this Agreement, it receives other financial assistance to support or fund any activity related to Agreement Services. Subrecipient further agrees that no costs funded by such other sources constitute Allowable Costs. d.Sub recipient acknowledges that no pre-award costs or other costs incurred prior to the Effective Date of this Agreement are eligible for reimbursement pursuant to this Agreement, unless specifically authorized in writing by ADCNR. Subrecipient acknowledges that no pre- award costs or other costs incurred prior to the Effective Date. e.Subrecipient specifically agrees that Non-Federal Share funds, in the amount and as described in the Federal Award, will be used as leverage to complete the Project as described in the approved Scope of Work. 11.REIMBURSEMENT PAYMENTS: Invoices, with required supporting documentation detailing the Allowable Costs to be reimbursed in accordance with the Federal Award Subrecipient budget categories, shall be submitted to the following: Dr. Rita Peachey Email: Rita.peachey@dcnr.alabama.gov OR Physical Address: Alabama Department of Conservation and Natural Resources 31115 Five Rivers Boulevard Spanish Fort, AL 36527 The Subrecipient may invoice no more frequently than monthly for reimbursement of Allowable Costs. Subrecipient’s final request for reimbursement of Allowable Costs under this Agreement must be received by ADCNR no later than fifteen (15) days after the expiration of the Project Period. Subrecipient acknowledges that due to annual State of Alabama fiscal year closeout procedures, ADCNR is not able to process payments in the month of September. Accordingly, requests for payment not submitted to ADCNR on or before August 15 will not be processed prior to commencement of the closeout period. In addition, only Allowable Costs incurred during an active fiscal year performance period are eligible for reimbursement. Requests for payment not received by deadlines set by ADCNR will not be eligible for reimbursement. While funding under this Agreement shall be on a reimbursement- only basis for Allowable Costs, if at any time any funds disbursed by ADCNR are for any reason not expended (or, for example, are returned/credited to Subrecipient subsequent to payment of an invoice), Subrecipient shall immediately notify ADCNR and return such funds in such timeframe and manner as specified by ADCNR. Prior to the submittal of any cost documentation, the sub-recipient shall redact, in accordance with 2 CFR 200.1, all personal information except for Personally Identifiable Information (PII) that is required by law to be disclosed. See also 2 CFR 200.1. ADCNR reserves the right to refuse to pay all or any part of requested funding for any of the following reasons: a. (1) at ADCNR’s discretion, the costs are not determined to reasonable or necessary for completion of the scope of work; 2) at ADCNR’s discretion, the costs are determined to be ineligible for reimbursement; (3) the Subrecipient has failed to comply with any term or conditions of this agreement; (4) the Subrecipient has otherwise failed to perform the scope of Page 62 of 226 4 work in accordance with this agreement; or (5) ADCNR has determined that the Subrecipient has otherwise failed to comply with applicable state, federal, or local laws and regulations. b. Notwithstanding any other provision of this agreement, and notwithstanding the submission of any reimbursement request by the Subrecipient, ADCNR shall not pay more than 95% of the sub-award amount until such time as the Subrecipient has completed the work, submitted final reporting, and submitted a written certification to ADCNR that the scope of work was completed in accordance with the terms and conditions of this agreement, that no additional amounts are owed, and that no additional reimbursement requests will be submitted. 12.FINAL PAYMENT: Notwithstanding any other provision of this Agreement, and notwithstanding the submission of any Reimbursement Request by Subrecipient, ADCNR shall withhold an amount equal to five- percent (5%) of the Funds until such time as Subrecipient has completed the Work, submitted the Final Report, as defined below, required pursuant to this section, and received ADCNR’s written approval of such Final Report. Within forty-five (45) days after ADCNR’s written approval of such Final Report, ADCNR shall disburse to Subrecipient all or such portion of the five-percent (5%) holdback as is properly payable to Subrecipient for Work performed under this Agreement. However, if ADCNR is satisfied that the Project is proceeding on schedule and on budget, ADCNR (acting in its sole discretion) may reduce the holdback from five-percent (5%) and disburse Funds to Recipient to pay for the costs of Work in advance of completion of the Work and submission of Final Report. When Subrecipient has performed all the Work, sub-recipient shall transmit to ADCNR a comprehensive report on the Work, along with the corresponding results (the “Final Report”). As appropriate, the Final Report should include copies of any publications, press releases, and other documents, materials, and products developed as part of the Project, including, without limitation, photographs, video footage, and other electronic representations of the Project and Work. The Final Report shall be provided by Subrecipient to ADCNR within forty-five (45) days of Project completion. Upon approval of Final Reports, ADCNR will process final Reimbursement Request. Upon satisfactory completion of the Work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, the Subrecipient shall execute and deliver to ADCNR a release of all claims, on a form provided by ADCNR, against ADCNR arising under, or by virtue of, this Agreement. Unless otherwise provided in the Agreement, by state law, or otherwise expressly agreed to by the Parties in this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of ADCNR 's claims against the sub-recipient or its sureties under this Agreement. 13.SUBMISSION OF REPORTS/INFORMATION: Subrecipient understands and acknowledges that ADCNR must meet several requirements set forth in the Federal Award and RESTORE Council specific Special Award Conditions related to reporting. Furthermore, Subrecipient acknowledges that ADCNR is specifically relying upon Subrecipient to be familiar with these requirements and any subsequent updates or revisions to these requirements. Subrecipient shall provide accurate and timely information to ADCNR, as necessary, for ADCNR to remain in compliance with all said requirements of the Federal Award and applicable laws and regulations. Accordingly, Subrecipient agrees to provide the following information, and any additional information as may be deemed necessary by ADCNR: a.Reporting: Page 63 of 226 5 i.The Subrecipient shall provide required progress reports as determined by ADCNR. The form and format shall be prescribed by ADCNR. ii.The final report must provide ADCNR with a summary financial and performance report related to the Project expenditures and confirmation of Project completion including, but not limited to, supporting documentation detailing the Allowable Costs for the expenditures and other documents needed to be maintained by ADCNR for purposes of recordkeeping and potential audit compliance. b.Submission: All project communication and documents, including monthly reports and payment requests, should be sent to the ADCNR project manager. If files are too large to send via email, a link to documents for download may be provided. If the sub recipient is unable to send documents via an online link, the ADCNR project manager will work with the sub recipient to determine another suitable method for transfer of documents. c.Format: Subrecipient shall provide reports generated or compiled within the scope of this Agreement specified herein in digital format or other format as may be specified by ADCNR. 14.RECORDS RETENTION/ACCESS/AUDITS: Subrecipient shall maintain detailed records sufficient to account for the receipt, obligation, and expenditure of grant funds (including, if applicable and allowed, records related to tracking program income). Accordingly, Subrecipient agrees as follows: a.Record Retention: Subrecipient shall maintain (and require all subrecipients and contractors to maintain) records and accounts associated with this Agreement, including, but not limited to, property, personnel, and financial records, in accordance with ADCNR’s records retention policy and 2 C.F.R. §200.334, as well as all other applicable federal, state and local requirements, the Federal Award and RESTORE Council specific Special Award Conditions. Such records will be made available to all entities listed below in Paragraph 14(b) and shall be retained for a minimum of three (1)years after expiration of this Agreement, unless ADCNR grants permission in writing to destroy. However, Subrecipient agrees that it is responsible for being familiar with all such retention requirements and maintaining records for periods longer than this 3-year minimum, as applicable. b.Access: The Gulf Coast Ecosystem Restoration Council, ADCNR, the Alabama Examiners of Public Accounts, or any of their duly authorized representatives shall have timely and unrestricted access during normal business hours to any pertinent books, documents, papers, and records (including electronic records) of the Subrecipient and its agents, subrecipients and contractors in order to make audits, inspections, financial reviews, excerpts, transcripts and other examinations as directed by law (and to make copies of such). In addition, such rights to access shall include timely and reasonable access to Subrecipient’s personnel for the purpose of interview and discussion related to such records. c.Audit Requirements: Subrecipient shall follow all audit requirements under the Federal Award and this Agreement and applicable federal, state, and local laws. Subrecipient shall also ensure applicable lower tier compliance. d.Survival: The provisions of this Paragraph 14 survive the Agreement Term and remain a continuing obligation of Subrecipient. 15.POLITICAL ACTIVITY: Subrecipient shall comply with all provisions of the Hatch Act (5 U.S.C. §1501 et seq.), as applicable, which limits political activities of employees whose principal Page 64 of 226 6 employment activities are funded in whole or in part with federal funds. Subrecipient further agrees that it is responsible for ensuring such compliance of lower tier subrecipients and contractors, as applicable. 16.LOBBYING ACTIVITY: a.Compliance: Subrecipient shall comply with all applicable federal, state, and local laws related to lobbying activities including, but not limited to, the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Subrecipient further acknowledges and agrees it is responsible for ensuring compliance as to lower tier subrecipients and contractors. b.Certification: Subrecipient hereby certifies, by execution of this Agreement, that no federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. c.Lower Tier Certification: Subrecipient further agrees to include the certification required pursuant to Paragraph 16(b) in all applicable lower tier agreements. d.Notification: If subsequent to execution of this Agreement, Subrecipient becomes aware of any information indicating any certification potentially is no longer accurate or indicating any potential non-compliance issue, it shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 17.FRAUD/WASTE/ABUSE: Subrecipient shall immediately report to ADCNR as well as the Gulf Coast Ecosystem Restoration Council Inspector General in accordance with 31 C.F.R. §34.803(a), any indication of fraud, waste, abuse, or potential criminal activity associated with any activity or expenditure of funds related to this Agreement. 18.CONFLICTS OF INTEREST: Subrecipient by his/her/its signature, certifies to the best of his/her/its knowledge and belief, no conflict of interest (or appearance of conflict), either personal or organizational, in any manner existed or now exists which has, has had, or may have any effect on this Agreement, or any activity/expenditure associated with this Agreement. By execution of this Agreement, Subrecipient certifies that a conflicts of interest policy consistent with 2 C.F.R. § 200.318 covering each activity associated with or funded pursuant to this Agreement is currently in effect and at all times will remain in effect during the Agreement Term. In the event Subrecipient subsequently cannot maintain this certification during the Agreement Term, Subrecipient shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 19.ENVIRONMENTAL COMPLIANCE: Subrecipient shall comply with all applicable federal, state and local environmental laws, regulations and policies including, but not limited to, all requirements set forth below and more fully described within the Federal Award and RESTORE Council specific Special Award Conditions. Subrecipient further agrees that it is responsible for including all Page 65 of 226 7 environment requirements set forth below pursuant to the RESTORE Council specific Special Award Conditions in all lower tier agreements and for ensuring lower tier compliance. If Subrecipient becomes aware of any potential impact on the environment not approved pursuant to the Federal Award, Subrecipient shall immediately notify ADCNR and suspend activities related to such potential impact until Subrecipient receives written approval from ADCNR to resume such activities. a.National Historic Preservation Act, as amended (54 U.S.C. § 300101 et seq.) and Archeological and Historic Preservation Act, as amended (54 U.S.C. § 312501 et seq.) b.The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.) c.Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq.), and EO 11738. d.The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.) e.The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.) f.The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.) g.The Coastal Barriers Resources Act, as amended, (16 U.S.C. § 3501 et seq.) h.The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.) i.The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. § 300f-j) j.The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.) k.The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note) l.Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C.§1801) m.Marine Mammal Protection Act, as amended (16 U.S.C § 31) n.Migratory Bird Treaty Act, as amended (16 U.S.C. §§ 703-712) o.Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13186 p.Bald and Golden Eagle Protection Act, as amended (16 U.S.C. § 668-668d) q.Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and 16 U.S.C.§§ 1431— 1445) r.National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.) s.Rivers and Harbors Act of 1899 (33 U.S.C § 407) t.Environmental Justice in Minority Populations and Low-Income Populations, EO 12898, as amended u.Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May 24,1977, as amended by EO 12608 v.Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq.) w.Coral Reef Protection, EO 13089Invasive Species, EO 13112 x.Invasive Species, EP 13112 y.Laboratory Animal Welfare Act of 1966 (Public Law 89-544), as amended, (7 U.S.C. § 2131 et seq.) z.Nonindigenous Aquatic Nuisance Prevention Act, as amended (16 U.S.C. § 4701 et seq.) 20.FEDERAL PROVISIONS: This Agreement relies on Federal funds; therefore, the following terms and conditions apply, in addition to others provided in this Agreement. a.Equal Employment Opportunity: Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, Page 66 of 226 8 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). The foregoing is applicable, except as otherwise provided under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. b.Davis-Bacon Act: The Davis Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, applies to grants awarded by RESTORE under the RESTORE Act in two situations: (1) for a construction project if it is for the construction of a project that can be defined as a “treatment works” in 33 U.S.C 1292; and (2) for a construction project regardless of whether it is a “treatment works” project if it is receiving federal assistance from another federal agency operating under an authority that requires the enforcement of Davis-Bacon Act-related provisions. Under this Act, contractors and subcontractors performing work on federally funded or assisted contracts in excess of $2,000.00 for construction, alteration, or repair or public works must pay their laborers and mechanics employed under the Contract no less than the locally prevailing wages and fringe benefits of corresponding work on similar projects in the area. c.Copeland “Anti-kickback” Act: The Copeland “Anti-kickback” Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). This Act is applicable to contracts awarded by a non-Federal entity in excess of $100,000.00 that involve employment of mechanics or laborers. Under this Act, contractors and subrecipients are prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. d.Contract Work Hours and Safety Standard Act Section 103 and 107 of the Agreement Work Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulation (29 CFR part 5). Applicable to construction contracts awarded by Contracts and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. e.Rights to Inventions Made Under a Contract or Agreement 37 CFR Part 401. If the Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. f.Compliance with Office of Management and Budget Circulars. As applicable, Contractors shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). g.If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, in compliance with 2 CFR 200.321, the Subrecipient shall take affirmative steps to assure that minority business enterprises, women’s business enterprises, and labor surplus area firms are used when possible. 21.OTHER COMPLIANCE: Subrecipient shall comply, and ensure lower tier compliance, with all applicable federal, state and local laws, regulations and policies including, but not limited to, all Page 67 of 226 9 requirements set forth below and more fully described within the Federal Award and RESTORE Council specific Special Award Conditions. In addition, Subrecipient shall assist ADCNR as to compliance with all such requirements. a.Foreign Travel: Subrecipient agrees that no travel outside the United States shall be permitted pursuant to this Agreement. b.Seat Belts: Pursuant to EO 130443, Subrecipient agrees to encourage employees and any contractors to enforce on-the-job seat belt policies and programs when operating any vehicles in connection with performance of activities associated with this Agreement. c.Research Involving Human Species: Subrecipient agrees that no research involving human subjects shall be permitted pursuant to this Agreement. d.Federal Employee Expenses: Subrecipient agrees that no funding pursuant to this Agreement shall be used to pay transportation, travel or other expenses for any employee of the federal government without prior written approval from ADCNR. e.Minority Serving Institutions: Subrecipient acknowledges the RESTORE’s goal of meaningful participation of minority serving institutions (“MSIs”) in its financial assistance programs and agrees to include such meaningful participation of MSIs as to Project activities when possible. f.Research Misconduct: Subrecipient agrees, to the extent at any time applicable, to abide by all provisions of the Federal Policy on Research Misconduct issued by the Executive Office of the President’s Office of Science and Technology Policy on December 6, 2000 (65 FR 76260). g.Care and Use of Live Vertebrate Animals: Subrecipient agrees that no research involving vertebrate animals shall be permitted pursuant to this Agreement. h.Homeland Security Presidential Directive 12: Subrecipient acknowledges and agrees that its performance under this Agreement does not require or involve routine physical access to a federally- controlled facility or routine access to a federally controlled information system. i.Export-Controlled Items: Subrecipient acknowledges and agrees that its performance under this Agreement does not require or involve access to export-controlled items. j.Trafficking of Victims Protection Act Of 2000: Subrecipient agrees the award term set forth in 2 C.F.R. § 175.15(b) implementing provisions of the Trafficking Victims Protection Act of 2000 (22 U.S.C. §7104(g), to extent applicable, is hereby incorporated into this Agreement. k.Subrecipient shall comply and assist ADCNR as to compliance with all applicable requirements of FFATA, as amended (Pub. L. No 109-282, 31 U.S.C. §6101) associated with this Agreement. l.Certifications: Subrecipient shall execute, as applicable, and comply (and assist ADCNR as to compliance) with all certifications associated with this Agreement including, but not limited to, all certifications and requirements set forth in 31 C.F.R. §34.802, assurances (Forms SF-424B and SF- 424D, or equivalent, as applicable), and any required RESTORE- specific certifications and/or other certifications as required by 2 C.F.R. Part 200. m.Construction Activities: Subrecipient acknowledges and agrees that its performance under this Agreement does require or involve construction related activities. n.To the extent equipment and products are authorized to be purchased pursuant to this Agreement, the Subrecipient is encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided pursuant to this Agreement. 22.PROCUREMENT: Subrecipient shall conduct all procurement actions consistent with the Federal Award, RESTORE Council specific Special Award Conditions, and all applicable federal, state, and Page 68 of 226 10 local requirements including, but not limited to, provisions of 2 C.F.R. Part 200. Furthermore, Subrecipient specifically agrees to ensure that applicable clauses set forth pursuant to 2 C.F.R. Part 200 will be included in all purchase orders, contracts, and agreements. 23.DEBARMENT AND SUSPENSION: a.Compliance: Subrecipient shall comply with provisions of 2 C.F.R. Part 180 “OMB Guides To Agencies on Governmentwide Debarment and Suspension (Non-procurement),” which generally prohibit entities, and their principals, that have been debarred, suspended, or voluntarily excluded from participating in Federal non-procurement transactions either through primary or lower tier covered transactions, and which sets forth the responsibilities of recipients of Federal financial assistance regarding transactions with other persons, including subrecipients and contractors. Subrecipient further acknowledges and agrees it is responsible for ensuring compliance as to lower tier subrecipients and contractors. Pursuant to 31 C.F.R. Part 19, Subrecipient shall verify that its contractors (for contracts expected to equal or exceed $25,000), subcontractors (for subcontracts expected to equal or exceed $25,000), or principals that the subrecipient engages to accomplish the scope of work, if applicable, do not appear on the federal government’s Excluded Parties List. Subrecipient may not enter into a contract or subcontract with an entity, or that entity’s principals, if that entity or its principals appear on the Excluded Parties List. b.Certification: Subrecipient hereby certifies, by execution of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in Project implementation or any aspect of the Agreement by any Federal department or agency. c.Lower Tier Covered Transactions: The Subrecipient must include a term or condition in all lower tier covered transactions (subawards, contracts, and subcontracts described in 31 CFR Part 19, Subpart B) that the award is subject to 31 C.F.R Part 19 and require a certification of compliance in covered lower tier transactions as may be required by the Gulf Coast Ecosystem Restoration Council. d.Notification: If subsequent to execution of this Agreement, Subrecipient becomes aware of any information indicating any certification potentially is no longer accurate or indicating any potential non-compliance issue, it shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to. e.ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 24.LOWER TIER SUBAWARDS/CONTRACTS: Subrecipient shall not enter into a lower tier subaward, or contractual agreement associated with its performance under this Agreement without the prior written consent of ADCNR. Further, Subrecipient agrees and acknowledges that, unless otherwise approved in writing by the applicable RESTORE Grants Officer, all lower tier engagements shall be made in a manner to provide, to the maximum extent practicable, open and free competition in accordance with 2 C.F.R. §200.317-27, in addition to all other applicable federal, state, and local requirements. No expenditure of funds associated with this Agreement shall be made prior to full execution of a written, legally binding agreement extending to the approved subrecipient/contractor all applicable requirements associated with this Agreement. As to all lower tier awards and activities, Subrecipient agrees that it is responsible for ensuring compliance under all applicable federal, state, and local laws including, but not limited to, all requirements of 2 C.F.R 200, the Federal Award, and RESTORE Council specific Special Award Conditions. Page 69 of 226 11 25.MINORITY/WOMEN BUSINESSES: As applicable, when contracting, Subrecipient must take all necessary affirmative steps, as set forth in 2 C.F.R. § 200.321(b), to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. This provision applies to all lower-tier transactions. 26.LOWER TIER SUBAWARD/CONTRACT NOTICE: In the event ADCNR approves Subrecipient engaging a lower tier subrecipient and/or contractor pursuant to Paragraph 24, Subrecipient shall include the following notice in each request for applications or bids for a subaward, contract, or subcontract, as applicable: “Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a RESTORE official) are subject to 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement).” In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, “New Restrictions on Lobbying,” published at 55 FR 6736 (February 26, 1990), including definitions, and the Office of Management and Budget “Governmentwide Guidance for New Restrictions on Lobbying,” and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996).” 27.LOWER TIER AGREEMENT PROVISIONS: In the event ADCNR approves Subrecipient engaging a lower tier subrecipient and/or contractor pursuant to Paragraph 24, all resulting subawards and contracts made by the Subrecipient must contain, as applicable, provisions required pursuant to 2 C.F.R. Appendix II to part 200, “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” the Federal Award, the RESTORE Council specific Special Award Conditions, and all other federal, state, or local laws. 28.DRUG FREE WORKPLACE: Subrecipient shall comply with all provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105- 85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S § 8102), and RESTORE implementing regulations at 31 C.F.R. Part 20, which require that the recipient take steps to provide a drug-free workplace. 29.PROPERTY RIGHTS AND STANDARDS: The provisions of Section 200.310-200.316, OMB Uniform Guidance (2 CFR 200) apply to Federal property rights and the acquisition of real property, equipment, supplies and intangible property to the extent authorized by this Agreement. 30.PRESS/EVENTS: Subrecipient shall notify ADCNR of the location, date, and time of any press conferences, press releases, media events, etc., related to this Project at least five (5) working days prior to the scheduled event or release. 31.PUBLICATIONS/VIDEOS/SIGNAGE/ACKNOWLEDGMENT: Subrecipient agrees to the following: a.Subrecipient shall submit copies of all publication materials including, but not limited to, print, recorded, or Internet materials to ADCNR. Page 70 of 226 12 b.When releasing information related to the Project, Subrecipient shall include a statement that the project or effort undertaken has been sponsored by the “The Gulf Coast Ecosystem Restoration Council in cooperation with the State of Alabama Department of Conservation and Natural Resources.” c.Any signage to be produced pursuant to this Agreement must have prior written approval of ADCNR and shall contain language required by the RESTORE Council specific Special Award Conditions and ADCNR. d.Unless otherwise approved by ADCNR in writing, every publication of material based on, developed under, or otherwise produced pursuant to this Agreement (except scientific articles or papers appearing in scientific, technical, or professional journals) shall contain the following disclaimer: “This project was paid for [in part] with federal funding from the Gulf Coast Ecosystem Restoration Council under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act).” Publications (except scientific articles or papers appearing in scientific, technical, or professional journals) produced with funds from this Award must display the following additional language: “The statements, findings, conclusions, and recommendations are those of the author(s) and do not necessarily reflect the views of the Gulf Coast Ecosystem Restoration Council or ADCNR.” 32.INDEMNIFICATION: a.To the extent legally enforceable, the Subrecipient (hereinafter at times referenced in this paragraph as “the Indemnitor”) agrees to protect, defend, indemnify, save, and hold harmless the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants employees, and volunteers of each (hereinafter at times referenced in this paragraph collectively as “the Indemnitees”), from and against any and all claims, demands, expense and liability arising out of injury or death to any person, or the damage, loss or destruction of any property, which may occur or in any way grow out of, any act or omission of the Indemnitees, the Subrecipient, and the Subrecipient’s agents, servants, employees, and subcontractors. Indemnitor’s obligation and duty to protect, defend, indemnify, save and hold harmless the Indemnitees shall include and extend to any and all costs, expenses, attorney fees, judgements, awards, and settlements incurred by Indemnitees and/or Indemnitor as a result of any claims, demands, and/or causes of action arising out of the performance of the obligations or objectives set forth herein. Indemnitor agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims are groundless, false or fraudulent. b.Subrecipient further agrees it releases from liability and waives its right to sue Indemnitees regarding any and all claims resulting in any physical injury, economic loss, or other damage or loss as a result of or related in any way to the Agreement. c.The provisions of this Paragraph 32 shall survive the Agreement Term and remain a continuing obligation of Subrecipient. 33.TERMINATION OF AGREEMENT: This Agreement may be terminated as follows: a.If, in the determination of ADCNR, Subrecipient fails to fulfill in timely and proper manner its obligations under this Agreement or violates any of the covenants, agreements, or stipulations of this Agreement, ADCNR, in addition to all other available remedies, shall thereupon have the right to terminate this Agreement by giving written notice, sent certified mail (return receipt Page 71 of 226 13 requested), or overnight courier (signature required), to Subrecipient of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Subrecipient under this Agreement shall become the property of ADCNR. b.ADCNR may terminate this Agreement at any time without cause by giving written notice to Subgrantee by certified mail (return receipt requested) or overnight courier (signature required) of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Subrecipient under this Agreement shall become the property of ADCNR. c.If the Agreement is terminated by ADCNR, as provided herein, Subrecipient shall promptly submit a statement detailing the actual services performed and associated Allowable Costs to date of termination. The Subrecipient shall immediately return any remaining funds to ADCNR in such manner as specified by ADCNR. 34.NOTICE: Contact information of Parties for purposes of providing notice pursuant to the terms of this Agreement are set forth below. In the event the designation of new contact information is necessary, such shall not require a formal amendment to this Agreement. Dr. Rita Peachey Deepwater Horizon Restoration Coordinator Alabama Department of Conservation and Natural Resources 31115 Five Rivers Boulevard Spanish Fort, AL 36527 Email: rita.peachey@dcnr.alabama.gov To Subrecipient: City of Fairhope Attn: Sherry Sullivan, Mayor 161 North Section Street Fairhope, Alabama 36532 Email for contact 311@fairhopeal.gov 35.NONDISCRIMINATION: Subrecipient shall not discriminate on the basis of race, color, religion, age, gender, pregnancy, national origin, genetic information, veteran status, or disability in its hiring or employment practices nor in relation to admission to, access to, or operations of its programs, services, or activities. Further, Subrecipient shall comply with all RESTORE regulations and policies prohibiting discrimination as well as all other applicable federal, state, and local nondiscrimination laws including, but not limited to, the following: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Americans with Disabilities Act of 1900; Section 504 of the Rehabilitation Act of 1973; Revised ADA Standards for Accessible Design for Construction Awards; and Age Discrimination Act of 1975; Public Health Service Act of 1912 and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; and any other applicable non-discrimination law(s). 36.PROTECTIONS FOR WHISTLEBLOWERS: In accordance with 41 U.S.C. § 4712, neither the Subrecipient or any of its contractors (vendors), or subcontractors may discharge, demote, or Page 72 of 226 14 otherwise discriminate against an employee as a reprisal for disclosing information to a person or entity listed below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant: a.A Member of Congress or a representative of a committee of Congress; b.An Inspector General; c.The Government Accountability Office; d.A RESTORE Council employee responsible for contract or grant oversight or management; e.An authorized official of the Department of Justice or other law enforcement agency; f.A court or grand jury; and/or g.A management official or other employee of the recipient, subrecipient, vendor, contractor (vendor), or subcontractor who has the responsibility to investigate, discover, or address misconduct. 37.ASSIGNABILITY: Subrecipient shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of ADCNR. 38.AMENDMENT: Any amendment to this Agreement must be in writing and approved by all signatory/authorities prior to becoming effective. The Parties agree to renegotiate this Agreement if Federal, State and/or local revisions of any applicable laws or regulations make changes in the Agreement necessary. 39.SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of the respective parties hereto. 40.ENFORCEMENT OF RIGHTS AND OBLIGATIONS: Failure of ADCNR to strictly or promptly enforce the rights and obligations herein shall not operate as a waiver thereof. 41.NO AGENCY RELATIONSHIP: By entering into this Agreement, Grantee understands and agrees it is not an agent of the state, its officers, employees, agents or assigns. The Grantee is an independent entity from the State and nothing in this Agreement creates an agency relationship between the parties. 42.ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute between the parties, senior officials of both parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail, and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this contract which are not resolved by negotiation, the parties agree to utilize appropriate forms of non-binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. 43.NOT A DEBT OF THE STATE: It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed Page 73 of 226 15 that if any provision of this contract shall contravene any statute or constitutional provision or amendment, either now in effect or which may, during the course of this Contract, be enacted, then that conflicting provision in the Contract shall be deemed null and void. 44.NOT ENTITLED TO MERIT SYSTEM: The subrecipient understands and agrees that neither it nor any employees or agents thereof are entitled to any benefits of the Alabama State Merit System. 45.BOYCOTT: In compliance with Act 2016-312, Permittee hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the State can enjoy open trade. In compliance with Ala. Act No. 2023-409, by signing this contract, Contractor provides written verification that Contractor, without violating controlling law or regulation, does not and will not, during the term of the contract engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. 46.PRORATION: In the event of the proration of the fund from which payment under this contract is to be made, the contract will be subject to termination. 47.CLAIMS FOR LIENS: Subrecipient shall be solely liable for and shall hold the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants, employees, and volunteers of each, harmless from any and all claims or liens for labor, services or material furnished to Subrecipient in connection with the performance of its obligations under this Agreement. 48.TAX RESPONSIBILITY: Subrecipient hereby agrees that the responsibility for payment of any taxes from the funds received under this Agreement shall be the Subrecipient's obligation and shall be identified under the appropriate Tax Identification Number. In the event any tax refund is received by Subrecipient, it shall immediately notify ADCNR in writing and comply with all RESTORE Council requirements associated therewith. 49.VENUE: Subgrantee agrees that the laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, and that, notwithstanding any provision to the contrary, the venue of any legal action brought in connection herewith shall be the circuit court of Montgomery County, Alabama. 50.SEVERABILITY: In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. 51.IMMIGRATION COMPLIANCE: By signing this Agreement, Subrecipient affirms, for the duration of the Agreement, that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, if found to be in violation of this provision, Subrecipient shall be deemed in breach of the Agreement and shall be responsible for all damages resulting therefrom. 52.PARTIES REPRESENT THAT THIS AGREEMENT SUPERSEDES ALL PROPOSALS, ORAL AND WRITTEN, ALL PREVIOUS CONTRACTS, AGREEMENTS, NEGOTIATIONS AND Page 74 of 226 16 ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. 53.DOCUMENTS: The documents which comprise this Agreement between ADCNR and the Subrecipient are: a.This Subaward Agreement; and b.Federal Award, including any RESTORE Council Special Award Conditions incorporated within the Federal Award. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date entered below. STATE OF ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES __________________________________ __________________________ Christopher M. Blankenship, Commissioner Date CITY OF FAIRHOPE __________________________________ __________________________ Recipient Name, Title Date Page 75 of 226 17 AL-03/13/2024 Subrecipient Name: City of Fairhope, UEI#: MWRPCJENTWL4 Title of Grant Project: City of Fairhope Storm Water Infrastructure Inventory Attachment 1 Federal Award Identification The entity identified in this agreement is a subrecipient of a subaward, in accordance with 2 CFR 200.332. Be advised, the following information describes the Federal award and subaward: (1) Federal Award Identification i. Subrecipient name City of Fairhope ii. Subrecipient's unique entity identifier UEI#: MWRPCJENTWL4 iii. Federal Award Identification Number (FAIN); GT3CP24AL0010 iv. Federal Award Date (see §200.1 Federal award date) of award to the recipient by the Federal agency; 03/13/2024 v. Subaward Period of Performance Start and End Date; The subaward period of performance shall commence when the Agreement is executed by both Parties and end on September 30, 2026. vi. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $487,500.00 vii. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; $487,500.00 viii. Total Amount of the Federal Award committed to the subrecipient by the pass- through entity; $487,500.00 ix. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); The purpose of this project is to fund the development of GIS inventory of existing stormwater infrastructure features throughout the City of Fairhope that drains into Mobile Bay and repetitive loss assessment for the City of Fairhope Storm Water Infrastructure Inventory. x. Name of Federal awarding agency, Gulf Coast Ecosystem Restoration Council Name of pass-through entity, and contact information for awarding official of the pass- through entity; Alabama Department of Conservation and Natural Resources, Christopher M. Blankenship Chris.blankenship@dcnr.alabama.gov xi. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; CFDA #: 87.051 “Council-Selected Restoration Component” - total Federal Award issued to ADCNR, which is registered in SAM with the UEI: WLNMNKHKF5T1, is $16,130,748.66. xii. Identification of whether the award is R&D; and This is not a R&D award. xiii. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs). The indirect cost rate for the Federal award is 27.19%. Page 76 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-348 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, is requesting the hiring for Professional Engineering and Architectural Services for the Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the negotiated not-to-exceed amount of $56,500.00 for this project and allow the Mayor to execute a contract with Thompson Engineering/Watermark Design. BACKGROUND INFORMATION: The work to be performed is for professional engineering associated with the project, which will include: Task 1: Topographic and Boundary Survey Task 2: Public Engagement Task 3: Pre-Design Phase Task 4: Master Planning Phase Thompson Engineering/Watermark Design have been working as the engineer and architect for the Flying Creek Nature Preserve Park Project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55891 North Triangle Park-NonGrant $56,500.00 $56,500.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A Page 77 of 226 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 78 of 226 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Thompson Engineering/Watermark Design for Professional Engineering and Architectural Services for Master Planning Services for the South Tract of the Flying Creek Nature Preserve - Off-Road Bicycling Facilities and Amenities (RFQ PS24- 015) with a not-to-exceed amount of $56,500.00. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 79 of 226 7101 US Hwy 90, Suite 101, Daphne, AL 36526 thompsonengineering.com | 251.666.2443 April 1, 2024 Mayor Sherry Sullivan City of Fairhope 161 North Section St. Fairhope, AL 36532 Regarding: Proposal for Professional Design Services Flying Creek Nature Preserve Active Park Master Plan Development Dear Mayor Sullivan: Thompson Engineering, Inc. (Thompson) together with our sub consultant International Mountain Bicycling Association (IMBA) are pleased to provide the City of Fairhope with the proposal outlined herein for the Public Engagement and Master Plan Development related services for the approximately 36-acre South parcel at Flying Creek Nature Preserve. Thompson is extremely excited about this wonderful opportunity to continue helping expand and shape future recreation opportunities to all citizens of our region. Thompson has an extensive history of park and public use space design throughout Baldwin County. Our project team’s breadth of experience and service offerings are comprehensive, broad-based, and fully encompass the requirements needed for this project. We appreciate the opportunity to provide you with this proposal for this very important project. If you have any additional questions or need any clarification, please feel free to reach out to me at cgrant@thompsonengineering.com and/or 251-665-5460. Respectfully, Thompson Engineering, Inc. Nicholas Combs, P.E. Project Manager Christopher Grant, PLA Principal Landscape Architect Page 80 of 226 Flying Creek Nature Preserve Active Park Master Plan Development April 1, 2024 Fairhope, AL Page 2 of 6 Proposal for Professional Design Services Flying Creek Nature Preserve Master Plan Development April 1, 2024 1.0 Project Understanding It is our understanding that the City of Fairhope is requesting the public engagement and master plan development related services for an active recreation nature park on the approximately 36-acre South parcel at Flying Creek Nature Preserve (See Figure 1). The master planning process will involve receiving stakeholder and community input through a public engagement process prior to developing the final conceptual master plan. Figure 1: Aerial of approximately 36-acre parcel for master plan development. Page 81 of 226 Flying Creek Nature Preserve Active Park Master Plan Development April 1, 2024 Fairhope, AL Page 3 of 6 2.0 Work Activities and Deliverables The project team sets a trajectory for success during the first few months of the design process. Our project team employs an integrated design approach that builds upon the expertise of each team member, beginning with the initial meetings and crucial early stages of the design process. We advocate for a transparent and collaborative process that includes City of Fairhope staff, design professionals, and local user groups to better inform project decisions and strengthen the richness of thought infused into the project. Thompson Engineering will serve as the Landscape Architect and Engineers of Record, leading all phases of design and document development. As lead Planner and Landscape Architect for this project, Christopher Grant will be the main point of contact for the client team. He will work closely with the other disciplines in order to maintain a consistent and accessible presence for you and your team. The following tasks are the proposed design phases with an outline of the activities and examples of deliverables that we anticipate using for this project. 2.1 Task 1: Topographic Survey • Thompson proposes to provide surveying services to complete a topographic survey of the project site to support planning and design services. The survey limits shall include the approximately 36-acres of the Southern portion of the Flying Creek Nature Preserve property bordered by Veterans Drive to the North, Homestead Avenue to the South, and US Highway 98 to the East. Data collected shall include surface data sufficient for generating 1-foot contours within the survey limits, orthographic imaging, adjacent roadway centerlines and edges of pavement, existing trails, building footprints, all visible existing utilities, and any below ground utilities marked by others. − Assumptions/Exclusions o A comprehensive tree survey is not needed at this time and is NOT included in this scope and fee proposal. − Deliverables o Topographic Survey o Aerial Photogrammetry o Utility and Infrastructure Features − Costs o The budget for Task 1 is $6,400.00. 2.2 Task 2: Public Engagement • It is extremely important to establish the vision set forth for the project early on in the design process. We believe the overall success of this project will require buy-in not only from City staff Page 82 of 226 Flying Creek Nature Preserve Active Park Master Plan Development April 1, 2024 Fairhope, AL Page 4 of 6 but also local stakeholders and potential users of the site. In doing so, we are proposing a series of visioning workshops and steering committee meetings. • As part of the public engagement process the project team proposes the following approach: − Identify City staff and local stakeholders to serve on a Steering Committee to help guide the overall vision and goals for the project. − Conduct (2) in-person steering committee meetings. We propose a kick-off meeting and a meeting that occurs soon after a draft plan is developed. − Conduct (1) public informational workshop. We propose this meeting takes place relatively early on in the process in order to incorporate comments into the design elements of the project. − Assumptions/Exclusions o Our fee includes time for (2) in-person steering committee meetings at 2 hours for each. We recommend a steering committee no greater than 10 people that everyone has a chance to provide input. o Our fee includes (1) public informational workshop that will take place as part of the regularly scheduled City Council Work Session. o This does not include any time or effort associated with website and/or social media communications. We will rely on the City of Fairhope to share this information through those online platforms. − Deliverables o Graphic Representation Maps (needed for steering committee meetings) o Online Survey o Presentation Material (needed for public informational meeting) − Costs o The budget for Task 2 is $15,600.00. 2.3 Task 3: Pre-Design Phase • Thompson will perform several site visits to conduct a comprehensive Site Inventory & Analysis. This will allow for the design team to gain a better understanding of the existing site conditions to include watersheds, drainage corridors, slopes, habitat types, sensitive environmental areas, invasive species, trails and/or roads, and other unique site features. • The comprehensive Site Inventory & Analysis will inform the development of an Opportunities & Constraints Map. This exercise will identify viewsheds, noise zones, areas suitable and non- suitable for development, priority access locations, nodes, and landscape buffer areas to remain. • Programming is a critical component to fully understanding the project as a whole and how the separate design elements can fit within the overall context of the site. The project team Page 83 of 226 Flying Creek Nature Preserve Active Park Master Plan Development April 1, 2024 Fairhope, AL Page 5 of 6 anticipates the public engagement process will inform much of the overall program for the master plan. It is at this time that we will finalize the overall program for the project. − Assumptions/Exclusions o This does not include any effort and/or fee associated with any additional environmental assessments or permitting such as wetland delineations, threatened and endangered species, or cultural resource surveys. − Deliverables o Site Inventory & Analysis Maps o Opportunities & Constraints Maps − Costs o The budget for Task 3 is $12,700.00. 2.4 Task 4: Master Planning Phase • The next step in the process will be the development of the Conceptual Master Plan. Much of this process will be informed by the pre-design work and stakeholder input that has been identified in Tasks 1 - 3. • This design phase will begin with establishing the dominant influences for development of the design. The building programs, owner/user aesthetic preferences, codes and regulations of authorities having jurisdiction and budget will be established and reviewed to establish the basis for beginning the design process. • The project team will develop a draft Conceptual Master Plan with supporting graphics that incorporates the previously identified vision and goals and program elements for the site. The project team will also develop a series of presentation graphics that will be presented to City Council for review and approval prior to developing the final Conceptual Master Plan. These are living documents which are reviewed and revised as necessary to come up with a single concept for further development. − Assumptions/Exclusions o The project team anticipates providing (1) draft plan for review and comments in order to finalize as the preferred site conceptual master plan. o The project team anticipates sharing several iterations of the plan prior to submitting the draft conceptual master plan throughout the integrated and collaborative design process. o Our fee includes time for (1) draft master plan presentation and (1) final master plan presentation to the Fairhope City Council. − Deliverables Page 84 of 226 Flying Creek Nature Preserve Active Park Master Plan Development April 1, 2024 Fairhope, AL Page 6 of 6 o Draft Rendered Conceptual Master Plan o Precedent Images o City Council Draft Presentation o Preferred Final Rendered Schematic Plan − Costs o The budget for Task 4 is $21,800.00. 3.0 Summary of Cost & Professional Services Fees The scope of work outlined above will be performed for a total lump sum fee of $56,500.00. Fee Breakdown Task 1 – Topographic and Boundary Survey $6,400.00 Task 2 – Public Engagement $15,600.00 Task 3 – Pre-Design Phase $12,700.00 Task 4 – Master Planning Phase $21,800.00 Total for Professional Services: $56,500.00 This proposal only includes scope and fee through the Conceptual Master Plan development phase (Task 1-4). If additional services under this phase are required that are not included in the above breakdown, Thompson will provide the additional fees for any such added services as deemed necessary for the project to the City of Fairhope for approval prior to engagement. In accordance with all applicable laws, rules and regulations, we reserve the right to submit a proposal following these phases to include the preparation of construction documents, permitting, specifications, bidding and construction administration services for consideration by the City. We recommend completing this process in a two- phased approach based on not having a full understanding of the program and preliminary layout in order to develop a scope and fee through the development of construction documents. 4.0 Schedule All work will begin after the notice to proceed is provided to Thompson. Schedule for completion of Tasks 1-4 will be coordinated with the City of Fairhope. Page 85 of 226 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Richard D. Johnson/Justin Hammers/Nicole Love Date: 02-21-2024 Department: Engineering & Parks/Urban Forestry/ Grants & Special Proj. Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Thompson Engineering/Watermark Design $ Selection Approval & Negotiate NTE 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Master Planning Services – South Tract Flying Creek Nature Preserve – Off-Road Bicycling Facilities and Amenities 2. What is the total cost of the item or service? NTE $56,000.00 3. How many do you need? One Professional Services Contract 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Thompson Engineering/Watermark Design 6. Vendor Number: 20857/5473 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $56,000.00 3. Budget code: 103-55890 Line 20 Email completed form with quotes and other supporting documentation to Page 86 of 226 PUR-004 - 082522 Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Memo Notes: 1. Requesting the Council Approves the selection of Thompson Engineering/Watermark Design as the Master Planning Lead on the Masterplan and Preliminary Design Concepts for Offroad Bicycling Facilities and Amenities contained within the South Tract (±36 Acres) of Flying Creek Nature Preserve. 2. As Master Planning Lead, Thompson Engineering/Watermark Design, shall allocate a minimum of ½ of the master planning and design contract shall be subcontracted to a Specialty Design Firm preapproved by the City. This firm shall have experience and a demonstratable resume of off-road cycling projects within the region. 3. The City can provide a list of pre-approved Specialty Design Firms. 4. The Specialty Design Firm shall be named in the Resolution to Award the Contract. Page 87 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-358 FROM: Nicole Love, Grants Coordinator Richard Johnson, CITY ENGINEER SUBJECT: Intent is to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9,988,379.46 once approval from U. S. Department of Treasury is received, The contract will also require review and approval by ADCNR, U. S. Treasury, and City Attorney prior to execution. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Adopt resolution for the intent is to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9,988,379.46 once approval from U. S. Department of Treasury is received, The contract will also require review and approval by ADCNR, U. S. Treasury, and City Attorney prior to execution. BACKGROUND INFORMATION: The City of Fairhope was awarded a RESTORE Act Grant (M1A14-FHWW) from the US Department of Treasury on September 15, 2022 in the amount of $5,212,919.00 for the construction phase of the City of Fairhope's Working Waterfront and Greenspace Restoration project. After two rounds of bidding, only 1 bid came in at $6,416,539.61 over budget. Negotiations with that bidder reduced the cost to $9,988,379.46. The City of Fairhope requested additional funds in the amount of $3,589,095.35 from the Alabama Gulf Coast Recovery Council which was approved. The City of Fairhope will commit to covering the remaining 25% of the project cost ($1,186,365.11). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 88 of 226 LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 89 of 226 RESOLUTION NO. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 2023WWF-034) for Working Waterfront and Greenspace Project at 555 South Section Street at the City of Fairhope Offices, Fairhope, Alabama. [2] At the appointed time and place, the bids were opened and tabulated. One (1) bid was received by Rolin Construction, Inc. significantly over budget. [3] City Council rejected the bid and authorized Mayor Sullivan to enter into contract negotiations with Rolin Construction, Inc. after which the cost estimate was significantly reduced, but still over the grant funding amount. [4] City Council did request additional funding from Alabama Gulf Coast Recovery Council (AGCRC) for the overrun and was approved with the next step being approval from the U.S. Department of Treasury. [5] That the City Council’s intent is to award a contract to Rolin Construction, Inc. (Bid No. 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9,988,379.46 once approval from U.S. Department of Treasury is received. The contract will also require review and approval by ADCNR, U.S. Treasury, and City Attorney prior to execution. DULY ADOPTED THIS 22ND DAY OF APRIL 2024 Corey Martin, Council President Attest: Lisa A. Hanks, MMC City Clerk Page 90 of 226 Page 91 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-359 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, requests approval to procure a 36-month mat rental service contract. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the procurement of a mat rental service contract and authorize Mayor Sherry Sullivan to execute the contract agreement. BACKGROUND INFORMATION: The Mat Rental Service Agreement with Cintas Corporation will include: • 3x5 Active Scraper for $2.50 each per week, Qty: 10 • 3x5 Xtraxction Mat for $4.50 each per week, Qty: 21 • 3x10 Xtraction Mat for $6.50 each per week, Qty: 4 The estimated cost for the 36-month contract is Twenty-Two Thousand Nine Hundred Sixty-Eight Dollars ($22,968.00). This will be purchased through the purchasing cooperative OMNIA Partners Public Sector (Contract #222886) and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget XXXX-50360 Genl Maintenance - Various Depts $3,190.00 $3,190.00 ($.00) Estimate start of program 5/01/2024 with cost for FY2024 $3,190.00. Annual amount $7,656.00. Future years will be budgeted. Page 92 of 226 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 93 of 226 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a 36-month contract for Mat Rental Service from Cintas Corporation; and the rental service is available through the OMNIA Partners Contract #222886 which has been nationally bid, and therefore, does not have to be let out for bid. The total estimated cost for 36 months will be $22,968.00. ADOPTED ON THIS 22ND DAY OF APRIL 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 94 of 226 FACILITY SERVICES RENTAL SERVICE AGREEMENT Page 1 of 3 FAIRHOPE 36532-1609 210795714 555 S SECTION ST 0211 AL 19135168Agreement No. ZipState City Location No.Customer No.Date CITY OF FAIRHOPE 251-928-2136Customer Phone Address FACILITY SERVICES PRODUCTS PRICING: Material#Description Rental Frequency Inventory Unit Price o This agreement is effective as of the date of execution for a term of 36 months from date of installation. o The additional charges listed below are subject to adjustment by Company effective upon notice to Customer, which notice may be in the form of an invoice. o COD Terms $7.029 per week charge for delayed payment (if Amount Due is Carried to Following Week) o Credit Terms - Charge Payments due 30 Days After End of Month o Automatic Lost Replacement Charge:Material % of Inventory $EA o Artwork Charge for Logo Mat $ o Service Charge: $ per delivery. This Service Charge is used to help Company pay various fluctuating current and future costs including, but not limited to, costs directly or indirectly related to the environment, energy issues, service and delivery of goods and services, in addition to other miscellaneous costs incurred or that may be incurred in the future by Company. o Other________________________________________________________________________________________ Customer certifies that it is is not a federal, state, or local government branch or agency. This agreement is subject to the terms and conditions on the back of this agreement. By signing below, Customer agrees to and accepts the terms and conditions on the back of this agreement. Cintas Loc.No Please Sign Name By Please Print Name Title Please Print Title Accepted-GM E-Mail 04/1/2024 x10184 3x5 Active Scraper Weekly 10 $2.50 x10189 3x5 Xtraction Mat Weekly 21 $4.50 x10202 3x10 Xtraction Mat Weekly 4 $6.50 General Manager John Gaspar 0211 Page 95 of 226 Page 2 of 3 FACILITY SERVICES RENTAL SERVICE AGREEMENT 1.The customer, its successors and assigns (“Customer”) orders from orders from CINTAS CORPORATION or any of its subsidiaries, successors and assigns (“Company”) all of the Customer’s requirements of garment rental services and other items covered by this agreement during the term of this agreement all in accordance with the pricing, terms and conditions contained here in. Pricing is based on 52 weeks billing per rental item per year. 2.All items will be cleaned and maintained by Company and remain property of the Company. All items that require replacement due to normal wear will be replaced by Company at no charge to Customer. 3.Customer is ultimately responsible for choosing the type and placement of any floor mats provided by Company ensuring floor safety conditions at its locations. If a mat needs to be replaced for any reason prior to its next scheduled service, Customer should remove it and contact Company to request replacement. 4.The weekly rental charge for any item can be terminated, but only after all items issued to Customer, or the value of same, have been returned to Company. All items remain the property of Company. Any special products (logo mats) must be purchased by the customer if service is stopped. If items are lost or destroyed by any means Customer will pay the then current replacement values for said items. 5.Customer agrees to notify Company, in writing, of any hazardous materials that may be picked up by Company in the soiled textiles serviced under this agreement. In no case will the hazardous materials be present to the extent that they may be harmful to Company’s employees. 6.This agreement is effective as of the date of execution. The initial term of this agreement shall be as set forth on the front of this agreement. Company has the right to increase prices. The Customer has the right to reject the price increase within ten (10) days of the notice. If Customer rejects the price increase, Company may terminate this agreement. All invoices must be paid within ten days after the end of the month. Interest will accrue on any amounts which are not paid when due from the due date to the date of payment in full at an annual percentage rate equal to the lesser of (a) either percent 18% or (or) the maximum rate permitted by law. 7.Customer hereby agrees to defend, indemnify and hold harmless Company from any claims and damages arising out of or associated with this agreement, incluing any claims arising from defective products. 8.Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal course of business must be sent by registered letter to Company’s General Manager. If Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition. 9.Additional products and services may be added to this agreement and shall automatically become a part of and subject to the terms and provisions of this agreement. If this agreement is terminated early, the parties agree that the damages sustained by Company will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than for documented quality of service reasons which are not cured as set forth above, or terminated by Company for cause at any time, Customer will pay to Company, as liquidated damages and not as a penalty, the greater of 50% of the average weekly invoice total multiplied by the number of weeks remaining in the unexpired term, or buy back all Facility Services Products allocated to Customer at the then current replacement values. Customer shall also be responsible for any unpaid charges on Customer’s account prior to termination. 10.While this agreement is in effect, Customer agrees to pay a weekly minimum charge equal to 75% of (a) the charges on the initial invoice and (b) the charges for additional products and services added after the initial invoice. 11.Any dispute or matter arising in connection with or relating to this agreement shall be resolved by binding and final arbitration. The arbitration shall be conducted pursuant to applicable state or federal arbitration laws. Any such dispute shall be determined on an individual basis, shall be considered unique as to its facts, and shall not be consolidated in any arbitration or other proceeding with any claim or controversy of any other party. The exclusive jurisdiction and forum for resolution of any such dispute shall be in the state where the Customer is located. 12.Customer certifies that Company is in no way infringing upon any existing contract between Customer and any other service provider. 13.This agreement contains the entire agreement of the parties with respect to the subject matter of this agreement and supersedes all prior negotiations, agreements and understandings with respect thereto, and any terms and conditions set forth in subsequent purchase orders of other documents issued by the Customer, in which case, the terms of this agreement shall control. 14.This agreement may not be modified, amended or supplemented except in writing signed by an authorized representative of Company, provided, however, if a federal, state, or local government body or its representative is a party to this agreement, the proposed modification, amendment or supplement must be in writing signed by a President or Senior Vice President of the Company. 15.Prevailing Wage/Living Wage. Customer understands and acknowledges individuals who provide services under this Agreement could be entitled to receive prevailing wages, living wages, or other minimum wages and/or benefits established by law (“Wage Statutes”). Customer understands and agrees that Customer is in sole possession and knowledge of the facts and circumstances necessary to make a determination as to whether any or all services provided under this Agreement are subject to any Wage Statutes. Accordingly, Customer agrees that it has the sole responsibility to determine whether the Agreement is subject to any Wage Statutes and that it will inform Cintas of this fact in writing prior to the Parties’ execution of the Agreement. In the event that Customer fails to notify Cintas in writing that the Agreement is subject to a Wage Statute and either Cintas or any federal, state, or local authority determines that the services provided under the Agreement are subject to a Wage Statute, Customer agrees that it will pay Cintas all additional sums necessary to raise all wages and benefits covered by the applicable Wage Statute(s) for those individuals providing such services to Customer under the Agreement to the minimum levels required by the applicable Wage Statute(s), and Customer agrees that it will defend and indemnify Cintas from any and all fines, penalties, interest, or other costs, expenses, or charges of any type imposed by any federal, state, or local authority for Cintas’s failure to satisfy any such Wage Statute, as well as Cintas’s costs and attorneys’ fees incurred in responding to or defending against any suck claim. Page 96 of 226 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: George Ladd Date: 4/15/2024 Department: Public Works Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Cintas $ 22,698.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☒ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Floor Mat Services 2. What is the total cost of the item or service? $7,566.00 annually & $22,698.00 for 3 year contract 3. How many do you need? One three year contract 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Cintas 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 97 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-364 FROM: Richard Johnson, CITY ENGINEER SUBJECT: That the City Council hereby commits the City to provide the additional Capital Appropriation of up to $2,000,000.00; approves the amended EDA Project Budget and the amended EDA Project Scope of Work; and authorizes the Mayor to execute all related documents concerning the amended EDA Grant/Project (including amending the current A&E Professional Services Contract with Thompson/Watermark. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Approve and Adopt the Resolution to commits the City to provide the additional Capital Appropriation of up to $2,000,000.00; approves the amended EDA Project Budget and the amended EDA Project Scope of Work; and authorizes the Mayor to execute all related documents concerning the amended EDA Grant/Project (including amending the current A&E Professional Services Contract with Thompson/Watermark. BACKGROUND INFORMATION: The City Council approved and authorized the submission of a United States Economic Development Administration (EDA) grant application by the City of Fairhope and the Baldwin County Community and Economic Development Foundation’s joint requesting an EDA investment of $2,500,000.00 for renovation of the existing K1 Center Building (100 S. Church Street) to serve as a business resource hub for emerging technology entrepreneurs and companies in the City of Fairhope. The United States Department of Commerce Economic Development Administration (EDA) approved the grant application by the City of Fairhope and the Baldwin County Community and Economic Development Foundation in the amount of $2,500,000.00; and the City of Fairhope accepted the U.S. Department of Commerce Economic Development Administration Grant Award, EDA Investment No. 04-79-07751, in the amount of $2,500,000.00; and Due to the length of time between grant application, award and entitlement, the economics of capital construction has experienced heavy inflationary change; and for the City to use the $2,500,000.00 in USEDA funds towards this project, additional capital dollars are required; and Project Staff is requesting additional Capital Page 98 of 226 Appropriation of up to $2,000,000.00 (any expenditures will be no earlier than FY2025) beyond the committed $625,000.00 City match and the $131,000.00 insurance settlement received for storm damage to K-1 Building. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55884 103-49810 K1 Center (grant) City's match Apply insurance settlement Total Transfer from General Fund $2,500,000.00 $625,000.00 $131,000.00 $3,256,000.00 $5,256,000.00 ($2,000,000.00) If approved, authorize Treasury to transfer $2,000,000.00 from General Fund 001900- 50965 (Fund Balance) to Capital Projects Fund 103-49810. Also authorize transferring Insurance recoveries $131,000.00 from General Fund 001900-50965 to Capital Projects Fund 103-49810. Total from General fund balance $2,131,000.00. GRANT: EDA Grant LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 99 of 226 RESOLUTION NO. _____ WHEREAS, The City Council approved and authorized the submission of a United States Economic Development Administration (EDA) grant application by the City of Fairhope and the Baldwin County Community and Economic Development Foundation’s joint requesting an EDA investment of $2,500,000.00 for renovation of the existing K1 Center Building (100 S. Church Street) to serve as a business resource hub for emerging technology entrepreneurs and companies in the City of Fairhope; and WHEREAS, the United States Department of Commerce Economic Development Administration (EDA) has approved the grant application by City of Fairhope and the Baldwin County Community and Economic Development Foundation in the amount of $2,500,000.00; and WHEREAS, that the City of Fairhope accepted the U.S. Department of Commerce Economic Development Administration Grant Award, EDA Investment No. 04-79-07751, in the amount of $2,500,000.00; and WHEREAS, due to the length of time between grant application, award and entitlement, the economics of capital construction has experienced heavy inflationary change; and for the City to use the $2,500,000.00 in USEDA funds towards this project, additional capital dollars are required; and WHEREAS, Project Staff is requesting additional Capital Appropriation of up to $2,000,000.00 (any expenditures will be no earlier than FY2025) beyond the committed $625,000.00 City match and the $131,000.00 insurance settlement received for storm damage to K-1 Building. NOW, THEREFORE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby commits the City to provide the additional Capital Appropriation of up to $2,000,000.00; approves the amended EDA Project Budget and the amended EDA Project Scope of Work; and authorizes the Mayor to execute all related documents concerning the amended EDA Grant/Project (including amending the current A&E Professional Services Contract with Thompson/Watermark. APPROVED ON THIS THE 22ND DAY OF APRIL, 2024 ______________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 100 of 226 Memorandum From: To: Thru: CC: Date: Subject: Richard D. Johnson , P.E., City Engi ~~ \ Corey Martin , Council Pre si dent Sherry Sullivan , Mayor City Clerk; Treasurer; Project Staff; File March 29, 2024 Request for consideration for commitment of additional Capital Appropriation and Approval of amended Budget/Scope of Work for EDA Investment No. 04-79-07751 -K-1 Center/HATCH Project Mayor and President Martin : The City Council has already taken affirmative action to launch the development K-1 Center owned by the City of Fairhope into a Business Incubator and Innovation Hub operated under HATCH by the Baldwin County Economic Development Alliance . HATCH will be the tenant and the City will be the landlord . This project was spawned by the receipt of a Grant from The U.S. Economic Development Administration (EDA) for the purpose of establishing an economic incubator in the City of Fairhope. The K-1 Center is a former school campus composed of many buildings that the City purchased from the County Board of Education some years back. Through the long process of project entitlement (clearing all conditions of the EDA funds , most specifically AHC Concurrence) the footprint of the project (original High School Building) that will be remaining intact , with a secured envelope , a fully restored exterior and a "white box " tenant ready interior is approximately : Main Floor: Basement (shelled out): Total : 15 ,000 SQ FT 3 ,500 SQ FT 18,500 SQ FT The revised Project Budget and Scope of Work requ ired by EDA is attached. Due to the length of time between grant application , award and entitlement , the economics of capital construction has experienced heavy inflationary change . For the City to use the Page 101 of 226 $2 ,500 ,000.00 in USEDA funds towards this project , additional capital dollars are required . Project Staff is requesting consideration of Council for an additional Capital Appropriation (any expenditures will be no earlier than FY2025) of $2,000,000.00 beyond the already committed $625 ,000 .00 City match and the $131 ,000.00 in insurance settlement received for storm damage to the K-1 Building. More specifically we are requesting a Resolution that: • Commits the City to providing the above-described funds towards the Project. • Approves the amended EDA Project Budget. • Approves the amended EDA Project Scope of Work. • Approves the Mayor to execute all related documents concerning the amended EDA Grant/Project (Including amending the current A&E Professional Services Contract with Thompson/Watermark). Thank you for your consideration of this request. Page 102 of 226 Form ED-508 (Rev . 3/89 ) Attachment No. 1 U .S . DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Investment No. 04-79-07751 Cost Classification Administrative and legal expenses Land , structures , and rights-of-way appraisals , etc . Relocation expenses and payments (Cost incidental to transfer of titles) Architectural and engineering fees Other architectural and engineering fees Project inspection fees and audit Site Work Demolition and removal Construction Equipment Miscellaneous Contingencies TOT AL PROJECT COSTS State: Alabama Original Approved $ 250 ,000 28,000 15 ,000 250 ,000 2,484 ,000 98 ,000 $3,125,000 Remarks: K-1/HATCH FUNDING SOURCES : USEDA Grant: $2 ,500 ,00.00 Required City Match (20 %) $ 625 ,000.00 Subtotal: $3,125,000.00 ADDITIONAL FUNDS REQUIRED: Application of K-1 Insurance $ 131 ,000 .00 Additional Capital from GF Total City Contribution: $2 ,000 ,000 .00 $2,756,000.00 County: Baldwin Amended $ 375 ,000 28 ,000 15 ,000 250 ,000 4 ,412 ,846 175 ,154 $5,256,000 Difference $ 125 ,000 -0- -0- -0- 1,928 ,846 77 ,154 $2,131,000 PROJECT FUNDING BREAKDOWN City : $2 ,756 ,000 -52.4% EDA $2 ,500 ,000 -47 .6% Page 103 of 226 EDA Amended Scope of Work for the City of Fairhope and the Baldwin Community and Economic Development Foundation EDA Investment No . 04-79-07751 K-1 Center Redevelopment Project The City of Fairhope will retain and renovate approximately 18 ,500 sq . ft. of a historical former school building to serve as a business resource hub converting classrooms and the libraries to labs and entrepreneur collaboration spaces . Deliverables will be15,000 sq. ft. of Building Envelope & Full Finish Out for Hatch and 3,500 sq. ft. of Basement Envelope/Mothballing for future use. The redevelopment and renovation includes demolition , remediation of existing , walls , new interior partitions walls , roof restructuring , new roofing, new doors and windows , updated flooring , plumbing , HVAC , electrical , fire suppression, communications , and site work required to support the redevelopment. The United States Department of Commerce Economic and Development Administration (EDA) has approved an investment (EDA Investment No. 04-79-07751) of $2 ,500,000 for this project. The City of Fairhope will provide the required 20% matching funds in the amount of $625 ,000 for a total project cost of $3 ,125 ,000. The retained and renovated space will serve as a business resource hub for emerging technology entrepreneurs and companies . Each lease/license agreement of the building shall be subject to the prior written approval of EDA and in accordance with the purpose of the grant award , to provide adequate employment and economic benefits to the area . The current facility is a vacant space in downtown Fairhope , located at 100 South Church Street , Fairhope, AL 36532 . The property occupies approximately 7 acres. It is situated in the southeast corner of Section 37 , Township 6 South , Range 2 East in Baldwin County, Alabama . The site GPS coordinates are 30 (degrees)31 '14.85"N and 87 (degrees)54' 19 .66"W. The site is currently served by all utilities necessary and supported by each company supplying these services . Rehabilitation of this this facility will focus on the central corridor and the two outside wings . The south wing will be truncated to remove unsalvageable structure and the center wing housing a derelict gymnasium/auditorium will be demolished. The facility will need code required upgrades for life safety , ADA accessibility , mechanical , plumbing , and electrical. The City of Fairhope will be responsible for the long-term operation and maintenance of the renovated building and property. The Baldwin Community and Economic Development Foundation will be responsible for operating the business resource hub . Page 104 of 226 RESOLUTION NO. 4165-21 AUTHORIZING THE SUBMISSION OF A UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT APPLICATION WHEREAS , the United States Economic Development Administration (EDA) provides grants to municipal governments for projects that generate new employment and has made funds available through their Disaster Assistance Grant Program ; and WHEREAS , the City, in cooperation with the Baldwin County Community and Economic Development Foundation, has identified an opportunity to prov ide new jobs in Fairhope by renovating the existing Kl Center Building (100 S. Church Street) to provide a business resource hub for technology-based entrepreneurs in Baldwin County (Hatch Fairhope); and WHEREAS , a Preliminary Cost Estimate shows the proposed cost estimate for construction of this project to be $3 ,125 ,000.00 ; and WHEREAS , the grant funds will pay for 80% of the total project costs ($2 ,500,000.00), and if the grant is funded , the City will be responsible for contributing 20% or $625 ,000.00 required in cash matching funds; and WHEREAS , if the grant is funded , the City of Fairhope will provide for the long-term operation and maintenance of the new facility ; and NOW, THEREFORE IT BE RESOLVED, that the City of Fairhope authorizes the su bmission of a grant application to the US Economic Development Administration requesting $2,500,000.00 in FY2021 Investing in America's Communities (Economic Adjustment Assistance) funds; and BE IT FURTHER RESOLVED , that the City Council authorizes the Mayor to sign all required grant application documents on behalf of the City. APPROVED on this the 26th day of July, 2021 ATTEST : ~~ City Clerk Page 105 of 226 RESOLUTION NO. 4501-22 ACCEPTING THE GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) WHEREAS , the United States Department of Commerce Economic Development Administration (EDA) has approved the City of Fairhope and the Baldwin County Community and Economic Development Foundation 's joint grant application reque sting an EDA investment of $2 ,500 ,000.00 for renovation of the existing Kl Center Building (100 S. Church Street) to serve as a business resource hub for emerging technology entrepreneurs and companies in the City of Fairhope; and WHEREAS , the scope of work includes all architectural and engineering fees and construction costs , and the City is required to provide a minimum matching funds commitment of $625 ,000.00 , or 20 % of the total estimated costs of $3 ,125 ,000.00 ; and WHEREAS , Congressman Jerry Carl has made funding available in the amount of $750 ,000 .00 that will serve as the matching funds for this project, bringing the total project costs to $3 ,250 ,000 .00 , through the Consolidated Appropriations Act of 2022 ; and WHEREAS , the appropriation will be provided to the City by the United States Department of Housing and Urban Development (HUD) through an FY22 Economic Development Initi ati ve (EDI) Community Project Funding Grant; and WHEREAS , each lease/license arrangement of the building shall be subject to the prior written approval of the EDA and in accordance with the purpose of the grant award , to provide adequate employment and economic benefits to the area ; and NOW, THEREFORE IT BE RESOLVED , that the City of Fairhope accepts the U.S . Department of Commerce Economic Development Administration Grant Award , EDA Investment No. 04-79-07751 , in the amount of $2 ,500,000.00 ; and BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to sign all assurances and contracts and to comply with all applicable Federal and State laws , rules and regulations on behalf of the City . APPROVED ON THIS THE 11 TH DAY OF JULY, 2022 President ATTEST: ~ City rk Page 106 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-346 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: Resolution to accept the award of $820,099.94 from the RESTORE Council (Bucket 2 - Water Quality) for the City of Fairhope's Sanitary Sewer Overflow (SSO) Mitigation Project (Grant #B2WQ-FSSO). With this funding the City will purchase 22 generators to be located at key wastewater lift stations to provide continuous public wastewater operations during storm events and reduce the number of SSO's. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Resolution BACKGROUND INFORMATION: Internal system-wide studies have shown that the biggest threat to lift stations is the loss of power causing the already taxed stations to become exceedingly overwhelmed. This project will purchase and install generators on 22 key lift stations through the City of Fairhope that will mitigate SSO's that occur during the loss of power to the systems. This project will outfit nearly 30% of the City's 79 lift stations with properly sized generators to meet the mitigation need. The City will purchase complete installation of the generators. Estimate cost at the time of application was $1,098,934.00. In April 2022 the City Council approved the City to submit an application to RESTORE Bucket 2 (Water Quality) funds in the amount of $820,099.94. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: RESTORE Bucket 2 (Water Quality) LEGAL IMPACT: Page 107 of 226 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 108 of 226 RESOLUTION NUMBER _____ AUTHORIZING THE EXECUTION OF A SUBAWARD GRANT AGREEMENT WITH THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES WHEREAS, Alabama Gulf Coast Recovery Council (hereinafter, “AGCRC”), acting by and through its administrative agent, the Alabama Department of Conservation and Natural Resources (hereinafter, “ADCNR”), submitted a grant application for the project entitled “City of Fairhope SSO Mitigation Project” (hereinafter the “Project”); and WHEREAS, the City of Fairhope was awarded the grant from Gulf Coast Ecosystem Restoration Council (RESTORE) on March 12, 2024 for the City of Fairhope SSO Mitigation Project (ADCNR Grant #B2WQ-FSSO). NOW THEREFORE THIS SUBAWARD GRANT AGREEMENT, (“Agreement”) is made and entered into by and between the State of Alabama Department of Conservation and Natural Resources and the City of Fairhope (hereinafter “Subrecipient”). Pursuant to this Agreement, ADCNR and Subrecipient (collectively hereinafter “Parties”) agree as follows: 1. PROJECT PURPOSE AND IDENTITY 2. FEDERAL AWARD INFORMATION 3. PROJECT PHASES 4. ALLOCATION OF FUNDS 5. AGREEMENT FUNDING AMOUNT This Agreement obligates the amount of Eight hundred twenty thousand, ninety-nine dollars and ninety-four cents ($820,099.94) for eligible costs in this Project. ADCNR’s funding commitment for the Project shall be pursuant to the Federal Award and shall not exceed a total of Eight hundred twenty thousand, ninety-nine dollars and ninety-four cents ($820,099.94). NOW THEREFORE, BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED, that the City of Fairhope authorizes acceptance of the grant award from ADCNR and authorizes the Mayor to sign the Grant Agreement between the State of Alabama Department of Conservation and Natural Resources and the City of Fairhope relating to “City of Fairhope SSO Mitigation Project” ACDNR Grant No. B2WQ-FSSO Restore Act) – Bucket 2, in the amount of Eight hundred twenty thousand, ninety-nine dollars and ninety-four cents ($820,099.94) for all eligible project costs; and other grant related documents on behalf of the City for Project. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 ___________________________________ Corey Martin, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 109 of 226 RESOLUTION NO. 4436-22 AUTHORIZING THE SUMBISSION OF A RESTORE ACT GRANT (BUCKET 2-WATER QUALITY) TO THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR GENERATORS FOR WASTEWATER LIFT ST A TIONS WHEREAS , the Alabama Department of Conservation and Natural Resources (ADCNR) is accepting grant applications for the RESTORE Act of 2012 (Bucket 2) funding for projects that enhance water quality ; and WHEREAS , the City has identified a need for 22 generators to be located at key wastewater lift stations to provide continuous public wastewater operations during stonn events and , therefore, reduce the number of Sanitary Sewer Overflows that occur; and WHEREAS , a Preliminary Cost Estimate shows the proposed cost for the generators to be $1 ,098 ,934.00 ; and WHEREAS , the grant funds will pay for 75% of the total project costs ($820 ,100 .00) and, if funded , the City will be responsible for contributing 25% ($2 7 8,834 .00); NOW, THEREFORE IT BE RESOLVED that the City of Fairhope authorizes the submission of a grant application to ADCNR requesting $1 ,098 ,93 4 .00 in RESTORE Bucket 2 Funds ; and BE IT FURTHER RESOLVED , that the City Council authori zes the Mayor to sign all required grant application documents on behalf of the City . DULY ADOPTED THIS 25TH DAY OF APRIL , 2 022 9.Ed:~ Council President Attest: City Clerk Page 110 of 226 Page 111 of 226 Page 112 of 226 Page 113 of 226 Page 114 of 226 Page 115 of 226 Page 116 of 226 Page 117 of 226 Page 118 of 226 Page 119 of 226 Page 120 of 226 1 STATE OF ALABAMA ADCNR Grant #: B2WQ-FSSO MONTGOMERY COUNTY SUBAWARD GRANT AGREEMENT THIS SUBAWARD GRANT AGREEMENT, (“Agreement”) is made and entered into by and between the State of Alabama Department of Conservation and Natural Resources (hereinafter “ADCNR”) and the City of Fairhope (hereinafter “Subrecipient”). Pursuant to this Agreement, ADCNR and Subrecipient (collectively hereinafter “Parties”) agree as follows: 1.PROJECT PURPOSE AND IDENTITY: The purpose of this Agreement is to provide funding under the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (hereinafter “RESTORE Act”) to Subrecipient for implementation of the RESTORE Act Council Selected Restoration Component project titled “City of Fairhope SSO Mitigation Project” (hereinafter “Project”). The purpose of this project is to install generators on 22 key lift stations throughout the City of Fairhope that will mitigate sanitary sewer overflows for the City of Fairhope SSO Mitigation Project; further described in the Federal Award GT3CP24AL0010-01-00. This Agreement between the Parties will be identified by the “ADCNR Grant Number” set forth above in the upper right corner of this Agreement. All invoices and other correspondence submitted to ADCNR in connection with this Agreement must be identified by said Grant Number. 2.FEDERAL AWARD INFORMATION: The Project’s Financial Assistance Award (hereinafter “Federal Award”) in its entirety is hereby incorporated into this Agreement by reference. Information as to the Federal Award associated with the Project includes the following: a.Federal Award Identification Number (FAIN): GT3CP24AL0010 b.Federal Award Period of Performance: 03/12/2024 – 12/21/2028 c.Total Amount of Federal Funds Obligated to Subrecipient: $820,099.94 d.Subrecipient UEI#: MWRPCJENTWL4 e.Total Amount of Federal Award: $16,130,748.66 f.Name of Federal Awarding Agency: Gulf Coast Ecosystem Restoration Council (hereinafter “RESTORE”) g.Pass-Through Entity & Awarding Official Contact Information: Alabama Department of Conservation and Natural Resources Commissioner Christopher M. Blankenship 64 N. Union Street; Suite 468 Montgomery, AL 36130 h.CFDA Number & Name: CFDA# 87.051 “Council-Selected Restoration Component” i.Indirect Cost Rate of Subrecipient: 0% 3.AGREEMENT FUNDING AMOUNT: ADCNR’s funding commitment under this Agreement shall be within the budgetary limits as described herein and pursuant to the Federal Award and shall not exceed a total of eight hundred twenty thousand, ninety-nine dollars and ninety-four cents ($820,099.94). Page 121 of 226 2 4.PROJECT PERIOD: The period allowed for Project completion by the Subrecipient (hereinafter “Project Period”) shall commence on March 12, 2024, and end on September 30, 2026. 5.AGREEMENT TERM: The term of this Agreement shall commence when the Agreement is executed by both Parties and end on September 30, 2026 (hereinafter “Agreement Term”). 6.APPLICABLE LAWS: Subrecipient shall perform and/or procure all Agreement Services in accordance with all applicable federal, state and local laws, codes, regulations, and ordinances, including, but not limited to all executive orders (EO), Office of Management and Budget (OMB) requirements, and RESTORE Regulations. In addition, Subrecipient shall procure all applicable federal, state, and local permits and pay all said fees. Subrecipient further agrees and acknowledges it is responsible for ensuring of all lower tier compliance as to all such requirements. Subrecipient shall at all times maintain effective internal control providing reasonable assurance as to compliance with all requirements. 7.AGREEMENT SERVICES: Subrecipient hereby agrees, in proper sequence and in the time herein specified, to perform all tasks and to provide all the necessary labor, materials, equipment, services and facilities necessary to achieve Project completion and fulfill all terms of this Agreement in accordance with all requirements of the Federal Award, including, but not limited to, any RESTORE-specific Special Award Conditions, and the Gulf Coast Ecosystem Restoration Council Financial Assistance Standard Terms and Conditions contained therein, and all applicable laws (hereinafter “Agreement Services”). Research and Development are not services funded under this subaward. 8.RELIANCE UPON SUBRECIPIENT: Subrecipient acknowledges and hereby accepts responsibility to stay current as to necessary compliance measures and that ADCNR is relying upon the Subrecipient to maintain compliance as to all requirements associated with performance under this Agreement including, but not limited to, all exhibits hereto, required certifications, and all applicable laws. 9.FUNDING AVAILABILITY/SOURCES: Subrecipient acknowledges and agrees the commencement and continuation of this Agreement, as well as any funding to be disbursed pursuant to this Agreement, is contingent on the availability of and actual receipt by ADCNR of the Federal Award funding designated for this Project. 10.ALLOWABLE COSTS: a.Costs allowed under this Agreement shall be determined in accordance with provisions of all applicable federal, state and local laws, regulations, and other requirements including, but not limited to, the following: i.Federal Award; ii.Special Award Conditions incorporated within the Federal Award; iii.2 C.F.R. Part 200; and iv.31 C.F.R. Part 34. b.Subrecipient agrees that any expenditure related to any type of lower tier contract or subaward support prior to both receipt of written approval from ADCNR and execution of a written agreement pursuant to Paragraph 24 of this Agreement may be disallowed at the sole discretion of ADCNR. Page 122 of 226 3 c.Subrecipient shall immediately notify ADCNR in writing in the event, subsequent to execution of this Agreement, it receives other financial assistance to support or fund any activity related to Agreement Services. Subrecipient further agrees that no costs funded by such other sources constitute Allowable Costs. d.Sub recipient acknowledges that no pre-award costs or other costs incurred prior to the Effective Date of this Agreement are eligible for reimbursement pursuant to this Agreement, unless specifically authorized in writing by ADCNR. Subrecipient acknowledges that no pre- award costs or other costs incurred prior to the Effective Date. e.Subrecipient specifically agrees that Non-Federal Share funds, in the amount and as described in the Federal Award, will be used as leverage to complete the Project as described in the approved Scope of Work. 11.REIMBURSEMENT PAYMENTS: Invoices, with required supporting documentation detailing the Allowable Costs to be reimbursed in accordance with the Federal Award Subrecipient budget categories, shall be submitted to the following: Dr. Rita Peachey Email: Rita.peachey@dcnr.alabama.gov OR Physical Address: Alabama Department of Conservation and Natural Resources 31115 Five Rivers Boulevard Spanish Fort, AL 36527 The Subrecipient may invoice no more frequently than monthly for reimbursement of Allowable Costs. Subrecipient’s final request for reimbursement of Allowable Costs under this Agreement must be received by ADCNR no later than fifteen (15) days after the expiration of the Project Period. Subrecipient acknowledges that due to annual State of Alabama fiscal year closeout procedures, ADCNR is not able to process payments in the month of September. Accordingly, requests for payment not submitted to ADCNR on or before August 15 will not be processed prior to commencement of the closeout period. In addition, only Allowable Costs incurred during an active fiscal year performance period are eligible for reimbursement. Requests for payment not received by deadlines set by ADCNR will not be eligible for reimbursement. While funding under this Agreement shall be on a reimbursement- only basis for Allowable Costs, if at any time any funds disbursed by ADCNR are for any reason not expended (or, for example, are returned/credited to Subrecipient subsequent to payment of an invoice), Subrecipient shall immediately notify ADCNR and return such funds in such timeframe and manner as specified by ADCNR. Prior to the submittal of any cost documentation, the sub-recipient shall redact, in accordance with 2 CFR 200.1, all personal information except for Personally Identifiable Information (PII) that is required by law to be disclosed. See also 2 CFR 200.1. ADCNR reserves the right to refuse to pay all or any part of requested funding for any of the following reasons: a. (1) at ADCNR’s discretion, the costs are not determined to reasonable or necessary for completion of the scope of work; 2) at ADCNR’s discretion, the costs are determined to be ineligible for reimbursement; (3) the Subrecipient has failed to comply with any term or Page 123 of 226 4 conditions of this agreement; (4) the Subrecipient has otherwise failed to perform the scope of work in accordance with this agreement; or (5) ADCNR has determined that the Subrecipient has otherwise failed to comply with applicable state, federal, or local laws and regulations. b. Notwithstanding any other provision of this agreement, and notwithstanding the submission of any reimbursement request by the Subrecipient, ADCNR shall not pay more than 95% of the sub-award amount until such time as the Subrecipient has completed the work, submitted final reporting, and submitted a written certification to ADCNR that the scope of work was completed in accordance with the terms and conditions of this agreement, that no additional amounts are owed, and that no additional reimbursement requests will be submitted. 12.FINAL PAYMENT: Notwithstanding any other provision of this Agreement, and notwithstanding the submission of any Reimbursement Request by Subrecipient, ADCNR shall withhold an amount equal to five- percent (5%) of the Funds until such time as Subrecipient has completed the Work, submitted the Final Report, as defined below, required pursuant to this section, and received ADCNR’s written approval of such Final Report. Within forty-five (45) days after ADCNR’s written approval of such Final Report, ADCNR shall disburse to Subrecipient all or such portion of the five-percent (5%) holdback as is properly payable to Subrecipient for Work performed under this Agreement. However, if ADCNR is satisfied that the Project is proceeding on schedule and on budget, ADCNR (acting in its sole discretion) may reduce the holdback from five-percent (5%) and disburse Funds to Recipient to pay for the costs of Work in advance of completion of the Work and submission of Final Report. When Subrecipient has performed all the Work, sub-recipient shall transmit to ADCNR a comprehensive report on the Work, along with the corresponding results (the “Final Report”). As appropriate, the Final Report should include copies of any publications, press releases, and other documents, materials, and products developed as part of the Project, including, without limitation, photographs, video footage, and other electronic representations of the Project and Work. The Final Report shall be provided by Subrecipient to ADCNR within forty-five (45) days of Project completion. Upon approval of Final Reports, ADCNR will process final Reimbursement Request. Upon satisfactory completion of the Work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, the Subrecipient shall execute and deliver to ADCNR a release of all claims, on a form provided by ADCNR, against ADCNR arising under, or by virtue of, this Agreement. Unless otherwise provided in the Agreement, by state law, or otherwise expressly agreed to by the Parties in this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of ADCNR 's claims against the sub-recipient or its sureties under this Agreement. 13.SUBMISSION OF REPORTS/INFORMATION: Subrecipient understands and acknowledges that ADCNR must meet several requirements set forth in the Federal Award and RESTORE Council specific Special Award Conditions related to reporting. Furthermore, Subrecipient acknowledges that ADCNR is specifically relying upon Subrecipient to be familiar with these requirements and any subsequent updates or revisions to these requirements. Subrecipient shall provide accurate and timely information to ADCNR, as necessary, for ADCNR to remain in compliance with all said requirements of the Federal Award and applicable laws and regulations. Accordingly, Subrecipient agrees to provide the following information, and any additional information as may be deemed necessary by ADCNR: Page 124 of 226 5 a.Reporting: i.The Subrecipient shall provide required progress reports as determined by ADCNR. The form and format shall be prescribed by ADCNR. ii.The final report must provide ADCNR with a summary financial and performance report related to the Project expenditures and confirmation of Project completion including, but not limited to, supporting documentation detailing the Allowable Costs for the expenditures and other documents needed to be maintained by ADCNR for purposes of recordkeeping and potential audit compliance. b.Submission: All project communication and documents, including monthly reports and payment requests, should be sent to the ADCNR project manager. If files are too large to send via email, a link to documents for download may be provided. If the sub recipient is unable to send documents via an online link, the ADCNR project manager will work with the sub recipient to determine another suitable method for transfer of documents. c.Format: Subrecipient shall provide reports generated or compiled within the scope of this Agreement specified herein in digital format or other format as may be specified by ADCNR. 14.RECORDS RETENTION/ACCESS/AUDITS: Subrecipient shall maintain detailed records sufficient to account for the receipt, obligation, and expenditure of grant funds (including, if applicable and allowed, records related to tracking program income). Accordingly, Subrecipient agrees as follows: a.Record Retention: Subrecipient shall maintain (and require all subrecipients and contractors to maintain) records and accounts associated with this Agreement, including, but not limited to, property, personnel, and financial records, in accordance with ADCNR’s records retention policy and 2 C.F.R. §200.334, as well as all other applicable federal, state and local requirements, the Federal Award and RESTORE Council specific Special Award Conditions. Such records will be made available to all entities listed below in Paragraph 14(b) and shall be retained for a minimum of three (1)years after expiration of this Agreement, unless ADCNR grants permission in writing to destroy. However, Subrecipient agrees that it is responsible for being familiar with all such retention requirements and maintaining records for periods longer than this 3-year minimum, as applicable. b.Access: The Gulf Coast Ecosystem Restoration Council, ADCNR, the Alabama Examiners of Public Accounts, or any of their duly authorized representatives shall have timely and unrestricted access during normal business hours to any pertinent books, documents, papers, and records (including electronic records) of the Subrecipient and its agents, subrecipients and contractors in order to make audits, inspections, financial reviews, excerpts, transcripts and other examinations as directed by law (and to make copies of such). In addition, such rights to access shall include timely and reasonable access to Subrecipient’s personnel for the purpose of interview and discussion related to such records. c.Audit Requirements: Subrecipient shall follow all audit requirements under the Federal Award and this Agreement and applicable federal, state, and local laws. Subrecipient shall also ensure applicable lower tier compliance. d.Survival: The provisions of this Paragraph 14 survive the Agreement Term and remain a continuing obligation of Subrecipient. Page 125 of 226 6 15.POLITICAL ACTIVITY: Subrecipient shall comply with all provisions of the Hatch Act (5 U.S.C. §1501 et seq.), as applicable, which limits political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Subrecipient further agrees that it is responsible for ensuring such compliance of lower tier subrecipients and contractors, as applicable. 16.LOBBYING ACTIVITY: a.Compliance: Subrecipient shall comply with all applicable federal, state, and local laws related to lobbying activities including, but not limited to, the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Subrecipient further acknowledges and agrees it is responsible for ensuring compliance as to lower tier subrecipients and contractors. b.Certification: Subrecipient hereby certifies, by execution of this Agreement, that no federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. c.Lower Tier Certification: Subrecipient further agrees to include the certification required pursuant to Paragraph 16(b) in all applicable lower tier agreements. d.Notification: If subsequent to execution of this Agreement, Subrecipient becomes aware of any information indicating any certification potentially is no longer accurate or indicating any potential non-compliance issue, it shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 17.FRAUD/WASTE/ABUSE: Subrecipient shall immediately report to ADCNR as well as the Gulf Coast Ecosystem Restoration Council Inspector General in accordance with 31 C.F.R. §34.803(a), any indication of fraud, waste, abuse, or potential criminal activity associated with any activity or expenditure of funds related to this Agreement. 18.CONFLICTS OF INTEREST: Subrecipient by his/her/its signature, certifies to the best of his/her/its knowledge and belief, no conflict of interest (or appearance of conflict), either personal or organizational, in any manner existed or now exists which has, has had, or may have any effect on this Agreement, or any activity/expenditure associated with this Agreement. By execution of this Agreement, Subrecipient certifies that a conflicts of interest policy consistent with 2 C.F.R. § 200.318 covering each activity associated with or funded pursuant to this Agreement is currently in effect and at all times will remain in effect during the Agreement Term. In the event Subrecipient subsequently cannot maintain this certification during the Agreement Term, Subrecipient shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 19.ENVIRONMENTAL COMPLIANCE: Subrecipient shall comply with all applicable federal, state and local environmental laws, regulations and policies including, but not limited to, all requirements Page 126 of 226 7 set forth below and more fully described within the Federal Award and RESTORE Council specific Special Award Conditions. Subrecipient further agrees that it is responsible for including all environment requirements set forth below pursuant to the RESTORE Council specific Special Award Conditions in all lower tier agreements and for ensuring lower tier compliance. If Subrecipient becomes aware of any potential impact on the environment not approved pursuant to the Federal Award, Subrecipient shall immediately notify ADCNR and suspend activities related to such potential impact until Subrecipient receives written approval from ADCNR to resume such activities. a.National Historic Preservation Act, as amended (54 U.S.C. § 300101 et seq.) and Archeological and Historic Preservation Act, as amended (54 U.S.C. § 312501 et seq.) b.The National Environmental Policy Act of 1969, as amended (42 U.S.C. § 4321 et seq.) c.Clean Air Act, as amended (42 U.S.C. § 7401 et seq.), Clean Water Act, as amended (33 U.S.C. § 1251 et seq.), and EO 11738. d.The Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4002 et seq.) e.The Endangered Species Act of 1973, as amended, (16 U.S.C. § 1531 et seq.) f.The Coastal Zone Management Act, as amended, (16 U.S.C. § 1451 et seq.) g.The Coastal Barriers Resources Act, as amended, (16 U.S.C. § 3501 et seq.) h.The Wild and Scenic Rivers Act, as amended, (16 U.S.C. § 1271 et seq.) i.The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. § 300f-j) j.The Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. § 6901 et seq.) k.The Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) (42 U.S.C. § 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note) l.Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C.§1801) m.Marine Mammal Protection Act, as amended (16 U.S.C § 31) n.Migratory Bird Treaty Act, as amended (16 U.S.C. §§ 703-712) o.Responsibilities of Federal Agencies to Protect Migratory Birds, EO 13186 p.Bald and Golden Eagle Protection Act, as amended (16 U.S.C. § 668-668d) q.Marine Protection, Research and Sanctuaries Act (33 U.S.C. §§ 1401-1445 and 16 U.S.C.§§ 1431— 1445) r.National Marine Sanctuaries Act, as amended (16 U.S.C. § 1431 et seq.) s.Rivers and Harbors Act of 1899 (33 U.S.C § 407) t.Environmental Justice in Minority Populations and Low-Income Populations, EO 12898, as amended u.Floodplain Management, EO 11988, as amended by EO 13690 and, Protection of Wetlands, EO 11990, May 24,1977, as amended by EO 12608 v.Farmland Protection Policy Act, as amended (7 U.S.C. § 4201 et. seq.) w.Coral Reef Protection, EO 13089Invasive Species, EO 13112 x.Invasive Species, EP 13112 y.Laboratory Animal Welfare Act of 1966 (Public Law 89-544), as amended, (7 U.S.C. § 2131 et seq.) z.Nonindigenous Aquatic Nuisance Prevention Act, as amended (16 U.S.C. § 4701 et seq.) 20.FEDERAL PROVISIONS: This Agreement relies on Federal funds; therefore, the following terms and conditions apply, in addition to others provided in this Agreement. Page 127 of 226 8 a.Equal Employment Opportunity: Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). The foregoing is applicable, except as otherwise provided under 41 CFR Part 60, to any grant, contract, loan, insurance, or guarantee involving Federal assisted construction. b.Davis-Bacon Act: The Davis Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, applies to grants awarded by RESTORE under the RESTORE Act in two situations: (1) for a construction project if it is for the construction of a project that can be defined as a “treatment works” in 33 U.S.C 1292; and (2) for a construction project regardless of whether it is a “treatment works” project if it is receiving federal assistance from another federal agency operating under an authority that requires the enforcement of Davis-Bacon Act-related provisions. Under this Act, contractors and subcontractors performing work on federally funded or assisted contracts in excess of $2,000.00 for construction, alteration, or repair or public works must pay their laborers and mechanics employed under the Contract no less than the locally prevailing wages and fringe benefits of corresponding work on similar projects in the area. c.Copeland “Anti-kickback” Act: The Copeland “Anti-kickback” Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). This Act is applicable to contracts awarded by a non-Federal entity in excess of $100,000.00 that involve employment of mechanics or laborers. Under this Act, contractors and subrecipients are prohibited from inducing by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. d.Contract Work Hours and Safety Standard Act Section 103 and 107 of the Agreement Work Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulation (29 CFR part 5). Applicable to construction contracts awarded by Contracts and subcontractors in excess of $2,000.00, and in excess of $2,500.00 for other contracts which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. e.Rights to Inventions Made Under a Contract or Agreement 37 CFR Part 401. If the Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. f.Compliance with Office of Management and Budget Circulars. As applicable, Contractors shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). g.If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, in compliance with 2 CFR 200.321, the Subrecipient shall take affirmative steps to assure that minority business enterprises, women’s business enterprises, and labor surplus area firms are used when possible. Page 128 of 226 9 21.OTHER COMPLIANCE: Subrecipient shall comply, and ensure lower tier compliance, with all applicable federal, state and local laws, regulations and policies including, but not limited to, all requirements set forth below and more fully described within the Federal Award and RESTORE Council specific Special Award Conditions. In addition, Subrecipient shall assist ADCNR as to compliance with all such requirements. a.Foreign Travel: Subrecipient agrees that no travel outside the United States shall be permitted pursuant to this Agreement. b.Seat Belts: Pursuant to EO 130443, Subrecipient agrees to encourage employees and any contractors to enforce on-the-job seat belt policies and programs when operating any vehicles in connection with performance of activities associated with this Agreement. c.Research Involving Human Species: Subrecipient agrees that no research involving human subjects shall be permitted pursuant to this Agreement. d.Federal Employee Expenses: Subrecipient agrees that no funding pursuant to this Agreement shall be used to pay transportation, travel or other expenses for any employee of the federal government without prior written approval from ADCNR. e.Minority Serving Institutions: Subrecipient acknowledges the RESTORE’s goal of meaningful participation of minority serving institutions (“MSIs”) in its financial assistance programs and agrees to include such meaningful participation of MSIs as to Project activities when possible. f.Research Misconduct: Subrecipient agrees, to the extent at any time applicable, to abide by all provisions of the Federal Policy on Research Misconduct issued by the Executive Office of the President’s Office of Science and Technology Policy on December 6, 2000 (65 FR 76260). g.Care and Use of Live Vertebrate Animals: Subrecipient agrees that no research involving vertebrate animals shall be permitted pursuant to this Agreement. h.Homeland Security Presidential Directive 12: Subrecipient acknowledges and agrees that its performance under this Agreement does not require or involve routine physical access to a federally- controlled facility or routine access to a federally controlled information system. i.Export-Controlled Items: Subrecipient acknowledges and agrees that its performance under this Agreement does not require or involve access to export-controlled items. j.Trafficking of Victims Protection Act Of 2000: Subrecipient agrees the award term set forth in 2 C.F.R. § 175.15(b) implementing provisions of the Trafficking Victims Protection Act of 2000 (22 U.S.C. §7104(g), to extent applicable, is hereby incorporated into this Agreement. k.Subrecipient shall comply and assist ADCNR as to compliance with all applicable requirements of FFATA, as amended (Pub. L. No 109-282, 31 U.S.C. §6101) associated with this Agreement. l.Certifications: Subrecipient shall execute, as applicable, and comply (and assist ADCNR as to compliance) with all certifications associated with this Agreement including, but not limited to, all certifications and requirements set forth in 31 C.F.R. §34.802, assurances (Forms SF-424B and SF- 424D, or equivalent, as applicable), and any required RESTORE- specific certifications and/or other certifications as required by 2 C.F.R. Part 200. m.Construction Activities: Subrecipient acknowledges and agrees that its performance under this Agreement does require or involve construction related activities. n.To the extent equipment and products are authorized to be purchased pursuant to this Agreement, the Subrecipient is encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided pursuant to this Agreement. Page 129 of 226 10 22.PROCUREMENT: Subrecipient shall conduct all procurement actions consistent with the Federal Award, RESTORE Council specific Special Award Conditions, and all applicable federal, state, and local requirements including, but not limited to, provisions of 2 C.F.R. Part 200. Furthermore, Subrecipient specifically agrees to ensure that applicable clauses set forth pursuant to 2 C.F.R. Part 200 will be included in all purchase orders, contracts, and agreements. 23.DEBARMENT AND SUSPENSION: a.Compliance: Subrecipient shall comply with provisions of 2 C.F.R. Part 180 “OMB Guides To Agencies on Governmentwide Debarment and Suspension (Non-procurement),” which generally prohibit entities, and their principals, that have been debarred, suspended, or voluntarily excluded from participating in Federal non-procurement transactions either through primary or lower tier covered transactions, and which sets forth the responsibilities of recipients of Federal financial assistance regarding transactions with other persons, including subrecipients and contractors. Subrecipient further acknowledges and agrees it is responsible for ensuring compliance as to lower tier subrecipients and contractors. Pursuant to 31 C.F.R. Part 19, Subrecipient shall verify that its contractors (for contracts expected to equal or exceed $25,000), subcontractors (for subcontracts expected to equal or exceed $25,000), or principals that the subrecipient engages to accomplish the scope of work, if applicable, do not appear on the federal government’s Excluded Parties List. Subrecipient may not enter into a contract or subcontract with an entity, or that entity’s principals, if that entity or its principals appear on the Excluded Parties List. b.Certification: Subrecipient hereby certifies, by execution of this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in Project implementation or any aspect of the Agreement by any Federal department or agency. c.Lower Tier Covered Transactions: The Subrecipient must include a term or condition in all lower tier covered transactions (subawards, contracts, and subcontracts described in 31 CFR Part 19, Subpart B) that the award is subject to 31 C.F.R Part 19 and require a certification of compliance in covered lower tier transactions as may be required by the Gulf Coast Ecosystem Restoration Council. d.Notification: If subsequent to execution of this Agreement, Subrecipient becomes aware of any information indicating any certification potentially is no longer accurate or indicating any potential non-compliance issue, it shall immediately notify ADCNR in writing. Subrecipient shall also immediately suspend any related expenditures/activities until the potential issue has been resolved to. e.ADCNR’s satisfaction and Subrecipient receives written approval from ADCNR to resume such expenditures/activities. 24.LOWER TIER SUBAWARDS/CONTRACTS: Subrecipient shall not enter into a lower tier subaward, or contractual agreement associated with its performance under this Agreement without the prior written consent of ADCNR. Further, Subrecipient agrees and acknowledges that, unless otherwise approved in writing by the applicable RESTORE Grants Officer, all lower tier engagements shall be made in a manner to provide, to the maximum extent practicable, open and free competition in accordance with 2 C.F.R. §200.317-27, in addition to all other applicable federal, state, and local requirements. No expenditure of funds associated with this Agreement shall be made prior to full execution of a written, legally binding agreement extending to the approved subrecipient/contractor all applicable requirements associated with this Agreement. As to all lower Page 130 of 226 11 tier awards and activities, Subrecipient agrees that it is responsible for ensuring compliance under all applicable federal, state, and local laws including, but not limited to, all requirements of 2 C.F.R 200, the Federal Award, and RESTORE Council specific Special Award Conditions. 25.MINORITY/WOMEN BUSINESSES: As applicable, when contracting, Subrecipient must take all necessary affirmative steps, as set forth in 2 C.F.R. § 200.321(b), to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. This provision applies to all lower-tier transactions. 26.LOWER TIER SUBAWARD/CONTRACT NOTICE: In the event ADCNR approves Subrecipient engaging a lower tier subrecipient and/or contractor pursuant to Paragraph 24, Subrecipient shall include the following notice in each request for applications or bids for a subaward, contract, or subcontract, as applicable: “Applicants or bidders for a lower tier covered transaction (except procurement contracts for goods and services under $25,000 not requiring the consent of a RESTORE official) are subject to 2 C.F.R. Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement).” In addition, applicants or bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to relevant statutes, including among others, the provisions of 31 U.S.C. 1352, as well as the common rule, “New Restrictions on Lobbying,” published at 55 FR 6736 (February 26, 1990), including definitions, and the Office of Management and Budget “Governmentwide Guidance for New Restrictions on Lobbying,” and notices published at 54 FR 52306 (December 20, 1989), 55 FR 24540 (June 15, 1990), 57 FR 1772 (January 15, 1992), and 61 FR 1412 (January 19, 1996).” 27.LOWER TIER AGREEMENT PROVISIONS: In the event ADCNR approves Subrecipient engaging a lower tier subrecipient and/or contractor pursuant to Paragraph 24, all resulting subawards and contracts made by the Subrecipient must contain, as applicable, provisions required pursuant to 2 C.F.R. Appendix II to part 200, “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” the Federal Award, the RESTORE Council specific Special Award Conditions, and all other federal, state, or local laws. 28.DRUG FREE WORKPLACE: Subrecipient shall comply with all provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105- 85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S § 8102), and RESTORE implementing regulations at 31 C.F.R. Part 20, which require that the recipient take steps to provide a drug-free workplace. 29.PROPERTY RIGHTS AND STANDARDS: The provisions of Section 200.310-200.316, OMB Uniform Guidance (2 CFR 200) apply to Federal property rights and the acquisition of real property, equipment, supplies and intangible property to the extent authorized by this Agreement. 30.PRESS/EVENTS: Subrecipient shall notify ADCNR of the location, date, and time of any press conferences, press releases, media events, etc., related to this Project at least five (5) working days prior to the scheduled event or release. 31.PUBLICATIONS/VIDEOS/SIGNAGE/ACKNOWLEDGMENT: Subrecipient agrees to the following: Page 131 of 226 12 a.Subrecipient shall submit copies of all publication materials including, but not limited to, print, recorded, or Internet materials to ADCNR. b.When releasing information related to the Project, Subrecipient shall include a statement that the project or effort undertaken has been sponsored by the “The Gulf Coast Ecosystem Restoration Council in cooperation with the State of Alabama Department of Conservation and Natural Resources.” c.Any signage to be produced pursuant to this Agreement must have prior written approval of ADCNR and shall contain language required by the RESTORE Council specific Special Award Conditions and ADCNR. d.Unless otherwise approved by ADCNR in writing, every publication of material based on, developed under, or otherwise produced pursuant to this Agreement (except scientific articles or papers appearing in scientific, technical, or professional journals) shall contain the following disclaimer: “This project was paid for [in part] with federal funding from the Gulf Coast Ecosystem Restoration Council under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act).” Publications (except scientific articles or papers appearing in scientific, technical, or professional journals) produced with funds from this Award must display the following additional language: “The statements, findings, conclusions, and recommendations are those of the author(s) and do not necessarily reflect the views of the Gulf Coast Ecosystem Restoration Council or ADCNR.” 32.INDEMNIFICATION: a.To the extent legally enforceable, the Subrecipient (hereinafter at times referenced in this paragraph as “the Indemnitor”) agrees to protect, defend, indemnify, save, and hold harmless the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants employees, and volunteers of each (hereinafter at times referenced in this paragraph collectively as “the Indemnitees”), from and against any and all claims, demands, expense and liability arising out of injury or death to any person, or the damage, loss or destruction of any property, which may occur or in any way grow out of, any act or omission of the Indemnitees, the Subrecipient, and the Subrecipient’s agents, servants, employees, and subcontractors. Indemnitor’s obligation and duty to protect, defend, indemnify, save and hold harmless the Indemnitees shall include and extend to any and all costs, expenses, attorney fees, judgements, awards, and settlements incurred by Indemnitees and/or Indemnitor as a result of any claims, demands, and/or causes of action arising out of the performance of the obligations or objectives set forth herein. Indemnitor agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims are groundless, false or fraudulent. b.Subrecipient further agrees it releases from liability and waives its right to sue Indemnitees regarding any and all claims resulting in any physical injury, economic loss, or other damage or loss as a result of or related in any way to the Agreement. c.The provisions of this Paragraph 32 shall survive the Agreement Term and remain a continuing obligation of Subrecipient. 33.TERMINATION OF AGREEMENT: This Agreement may be terminated as follows: a.If, in the determination of ADCNR, Subrecipient fails to fulfill in timely and proper manner its Page 132 of 226 13 obligations under this Agreement or violates any of the covenants, agreements, or stipulations of this Agreement, ADCNR, in addition to all other available remedies, shall thereupon have the right to terminate this Agreement by giving written notice, sent certified mail (return receipt requested), or overnight courier (signature required), to Subrecipient of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Subrecipient under this Agreement shall become the property of ADCNR. b.ADCNR may terminate this Agreement at any time without cause by giving written notice to Subgrantee by certified mail (return receipt requested) or overnight courier (signature required) of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Subrecipient under this Agreement shall become the property of ADCNR. c.If the Agreement is terminated by ADCNR, as provided herein, Subrecipient shall promptly submit a statement detailing the actual services performed and associated Allowable Costs to date of termination. The Subrecipient shall immediately return any remaining funds to ADCNR in such manner as specified by ADCNR. 34.NOTICE: Contact information of Parties for purposes of providing notice pursuant to the terms of this Agreement are set forth below. In the event the designation of new contact information is necessary, such shall not require a formal amendment to this Agreement. Dr. Rita Peachey Deepwater Horizon Restoration Coordinator Alabama Department of Conservation and Natural Resources 31115 Five Rivers Boulevard Spanish Fort, AL 36527 Email: rita.peachey@dcnr.alabama.gov To Subrecipient: City of Fairhope Attn: Sherry Sullivan, Mayor 161 North Section Street Fairhope, Alabama 36532 Email for contact: 311@fairhopeal.gov 35.NONDISCRIMINATION: Subrecipient shall not discriminate on the basis of race, color, religion, age, gender, pregnancy, national origin, genetic information, veteran status, or disability in its hiring or employment practices nor in relation to admission to, access to, or operations of its programs, services, or activities. Further, Subrecipient shall comply with all RESTORE regulations and policies prohibiting discrimination as well as all other applicable federal, state, and local nondiscrimination laws including, but not limited to, the following: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Americans with Disabilities Act of 1900; Section 504 of the Rehabilitation Act of 1973; Revised ADA Standards for Accessible Design for Construction Awards; and Age Discrimination Act of 1975; Public Health Service Act of 1912 and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; and any other applicable non-discrimination law(s). Page 133 of 226 14 36.PROTECTIONS FOR WHISTLEBLOWERS: In accordance with 41 U.S.C. § 4712, neither the Subrecipient or any of its contractors (vendors), or subcontractors may discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to a person or entity listed below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant: a.A Member of Congress or a representative of a committee of Congress; b.An Inspector General; c.The Government Accountability Office; d.A RESTORE Council employee responsible for contract or grant oversight or management; e.An authorized official of the Department of Justice or other law enforcement agency; f.A court or grand jury; and/or g.A management official or other employee of the recipient, subrecipient, vendor, contractor (vendor), or subcontractor who has the responsibility to investigate, discover, or address misconduct. 37.ASSIGNABILITY: Subrecipient shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of ADCNR. 38.AMENDMENT: Any amendment to this Agreement must be in writing and approved by all signatory/authorities prior to becoming effective. The Parties agree to renegotiate this Agreement if Federal, State and/or local revisions of any applicable laws or regulations make changes in the Agreement necessary. 39.SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of the respective parties hereto. 40.ENFORCEMENT OF RIGHTS AND OBLIGATIONS: Failure of ADCNR to strictly or promptly enforce the rights and obligations herein shall not operate as a waiver thereof. 41.NO AGENCY RELATIONSHIP: By entering into this Agreement, Grantee understands and agrees it is not an agent of the state, its officers, employees, agents or assigns. The Grantee is an independent entity from the State and nothing in this Agreement creates an agency relationship between the parties. 42.ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute between the parties, senior officials of both parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail, and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this contract which are not resolved by negotiation, the parties agree to utilize appropriate forms of non-binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. Page 134 of 226 15 43.NOT A DEBT OF THE STATE: It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this contract shall contravene any statute or constitutional provision or amendment, either now in effect or which may, during the course of this Contract, be enacted, then that conflicting provision in the Contract shall be deemed null and void. 44.NOT ENTITLED TO MERIT SYSTEM: The subrecipient understands and agrees that neither it nor any employees or agents thereof are entitled to any benefits of the Alabama State Merit System. 45.BOYCOTT: In compliance with Act 2016-312, Permittee hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the State can enjoy open trade. In compliance with Ala. Act No. 2023-409, by signing this contract, Contractor provides written verification that Contractor, without violating controlling law or regulation, does not and will not, during the term of the contract engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. 46.PRORATION: In the event of the proration of the fund from which payment under this contract is to be made, the contract will be subject to termination. 47.CLAIMS FOR LIENS: Subrecipient shall be solely liable for and shall hold the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants, employees, and volunteers of each, harmless from any and all claims or liens for labor, services or material furnished to Subrecipient in connection with the performance of its obligations under this Agreement. 48.TAX RESPONSIBILITY: Subrecipient hereby agrees that the responsibility for payment of any taxes from the funds received under this Agreement shall be the Subrecipient's obligation and shall be identified under the appropriate Tax Identification Number. In the event any tax refund is received by Subrecipient, it shall immediately notify ADCNR in writing and comply with all RESTORE Council requirements associated therewith. 49.VENUE: Subgrantee agrees that the laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, and that, notwithstanding any provision to the contrary, the venue of any legal action brought in connection herewith shall be the circuit court of Montgomery County, Alabama. 50.SEVERABILITY: In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it. 51.IMMIGRATION COMPLIANCE: By signing this Agreement, Subrecipient affirms, for the duration of the Agreement, that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, if found to be in violation of this provision, Subrecipient shall be deemed in breach of the Agreement and shall be responsible for all damages resulting therefrom. Page 135 of 226 16 52.PARTIES REPRESENT THAT THIS AGREEMENT SUPERSEDES ALL PROPOSALS, ORAL AND WRITTEN, ALL PREVIOUS CONTRACTS, AGREEMENTS, NEGOTIATIONS AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. 53.DOCUMENTS: The documents which comprise this Agreement between ADCNR and the Subrecipient are: a.This Subaward Agreement; and b.Federal Award, including any RESTORE Council Special Award Conditions incorporated within the Federal Award. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date entered below. STATE OF ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES __________________________________ __________________________ Christopher M. Blankenship, Commissioner Date CITY OF FAIRHOPE __________________________________ __________________________ Recipient Name, Title Date Page 136 of 226 17 AL-03/13/2024 Subrecipient Name: City of Fairhope, UEI#: MWRPCJENTWL4 Title of Grant Project: City of Fairhope SSO Mitigation Project Attachment 1 Federal Award Identification The entity identified in this agreement is a subrecipient of a subaward, in accordance with 2 CFR 200.332. Be advised, the following information describes the Federal award and subaward: (1) Federal Award Identification i. Subrecipient name City of Fairhope ii. Subrecipient's unique entity identifier UEI#: MWRPCJENTWL4 iii. Federal Award Identification Number (FAIN); GT3CP24AL0010 iv. Federal Award Date (see §200.1 Federal award date) of award to the recipient by the Federal agency; 03/13/2024 v. Subaward Period of Performance Start and End Date; The subaward period of performance shall commence when the Agreement is executed by both Parties and end on September 30, 2026. vi. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; $820,099.94 vii. Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; $820,099.94 viii. Total Amount of the Federal Award committed to the subrecipient by the pass- through entity; $820,099.94 ix. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); The purpose of this project is to install generators on 22 key lift stations throughout the City of Fairhope that will mitigate sanitary sewer overflows for the City of Fairhope SSO Mitigation Project. x. Name of Federal awarding agency, Gulf Coast Ecosystem Restoration Council Name of pass-through entity, and contact information for awarding official of the pass-through entity; Alabama Department of Conservation and Natural Resources, Christopher M. Blankenship Chris.blankenship@dcnr.alabama.gov xi. CFDA Number and Name; the pass-through entity must identify the dollar amount made available under each Federal award and the CFDA number at time of disbursement; CFDA #: 87.051 “Council-Selected Restoration Component” - total Federal Award issued to ADCNR, which is registered in SAM with the UEI: WLNMNKHKF5T1, is $16,130,748.66. xii. Identification of whether the award is R&D; and This is not a R&D award. xiii. Indirect cost rate for the Federal award (including if the de minimis rate is charged per §200.414 Indirect (F&A) costs). The indirect cost rate for the Federal award is 27.19%. Page 137 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-349 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Water/Wastewater Superintendent, Daryl Morefield, is requesting the procurement of Ductile Iron Pipe, Fittings and Valves for Water Treatment Plant No. 1. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the award of Bid No. Water Treatment Plant No. 1 Ductile Iron Pipe, Fittings and Valves BACKGROUND INFORMATION: A service bid was issued on April 1, 2024, posted to the City of Fairhope's website, and advertised in the newspaper for one (1) week. Two (2) responsive bids, one (1) unresponsive bid, and one late bid were received at the bid opening on April 9, 2024 at 11:00 a.m. The Superintendent of Water/Wastewater recommends the award be made to Consolidated Pipe and Supply Company, Inc. Their low bid response price for the entire procurement was Two Hundred Four Thousand Two Hundred Twenty Dollars and Six Cents ($204,220.06). Previous Actions: 2/15/2024 Council Approved $1,471,500.00 Taylor Corporation for Construction; Resolution #2024-211 4/08/2024 Council Approved $170,110.00 Automation Control Services, LLC for SCADA System; Resolution #2024-327 4/08/2024 Council Approved $253,945.00 Morrow Water Technologies, Inc for Pumps and Variable Frequency Drives; Resolution #2024-329 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59501-50 Water-Sys Imprv Plant/Wells $204,220.06 $204,220.06 $0.00 Page 138 of 226 FY24 Budget for Upgrade to Water Treatment Plant 1 (including equipment, upsize pumps, new clear well, electrical controls and engineering services) totals $4,500,000.00. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 139 of 226 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope, along with Engineer of Record Krebs Engineering, did request, receive, and open bids to procure services for (Bid No. 24-043) for the Water Treatment Plant No. 1 Improvements – Piping, Valves and Fittings at 555 South Section Street in the City of Fairhope offices, Fairhope, Alabama. [2] At the appointed time and place, bids were received and tabulated as follows: Consolidated Pipe and Supply Company, Inc. $204,220.06 Core and Main, LP $312,265.71 [3] After evaluating bids with required specifications, Consolidated Pipe and Supply Company, Inc. is now awarded (Bid No. 24-043) for the Water Treatment Plant No. 1 Improvements – Piping, Valves and Fittings for a total bid proposal of $204,220.06. DULY ADOPTED THIS 22ND DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 140 of 226 2100 River Haven Drive Birmingham, AL 35244 P 205 987 7411 KrebsEng.com BIRMINGHAM HUNTSVILLE MONTGOMERY NEWNAN April 10, 2024 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: Water Treatment Plant No. 1 Improvements – Piping, Valves, and Fittings - Recommendation Letter Dear Daryl: Four (4) bids were received for the above-referenced project at 11:00 a.m., local time, on April 9, 2024. Two bidders, Consolidated Pipe and Supply Company, Inc. and Core and Main, LP, submitted a bid per the requirements of Bid No. 24-043. Two (2) bids were submitted that did not meet the requirement of the bid: Empire Pipe and Supply Company, LLC submitted a late bid and Ferguson Waterworks submitted a bid without a bid bond. Therefore, the two bids read aloud during the bid opening, starting with the low bidder, is as follows: SUPPLIER BASE BID Consolidated Pipe and Supply Company, Inc. $204,220.06 Core and Main, LP $312,265.71* *Discrepancies were found on the proposal form. Per the City of Fairhope Standard Terms and Conditions, the Unit Price values were used to determine the total base bid. See attached bid tab. Krebs reviewed the proposals and determined Consolidated Pipe and Supply Company, Inc. meets the requirements of the low, responsible, responsive bidder as outlined in the Contract Documents. Attached is a copy of the bid tabulation for your records. Based on this, Krebs recommends awarding the Water Treatment Plant No. 1 Improvements Piping, Valves, and Fittings materials contract to Consolidated Pipe and Supply Company, Inc. for the low tendered bid amount of $204,220.06. Please contact us if there are any questions or comments. Page 141 of 226 Mr. Daryl Morefield April 10, 2024 Page 2 Sincerely yours, Krebs Engineering, Inc. By____________________________ Austin Maynard, P.E. Project Engineer cc: Caleb Leach, Rob Vaughan Krebs File No. 23040.3 Page 142 of 226 Bid Tabulation KREBS JOB NO.: 23040.3 DATE: Aoril 9, 2024 @ 11:00 AM, Local Time OWNER: City of Fairhope, Alabama DESCRIPTION: Bid No. 24-043 Water Treatment Plant No. 1 Improvements - Piping BASE BID Item No. Approximate Quantities Description of Item Unit Price Unit Price 1 180 LF 16” D.I. Pipe, CL. 250, P-O Joint w/ Restraining Gaskets, Furnished Per Linear Foot $100.75 $595.00 2 20 LF 12” D.I. Pipe, CL. 350, P-O Joint w/ Restraining Gaskets, Furnished Per Linear Foot $65.55 $278.00 3 20 LF 10” D.I. Pipe, CL. 350, P-O Joint w/ Restraining Gaskets, Furnished Per Linear Foot $52.76 $236.00 4 20 LF 8” D.I. Pipe, CL. 350, P-O Joint w/ Restraining Gaskets, Furnished Per Linear Foot $43.80 $190.00 5 120 LF 6” D.I. Pipe, CL. 350, P-O Joint w/ Restraining Gaskets, Furnished Per Linear Foot $33.07 $141.00 6 2 3 LF - 16" D.I. Wall Pipe, CL. 250, FLG-WC-MJ w/ Gaskets & Hardware, Furnished Per Each $2,900.00 $399.00 7 1 1.5 LF - 16" D.I. Pipe, CL. 250, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $1,630.00 $1,840.00 8 1 1 LF - 16" D.I. Pipe, CL. 250, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $685.00 $1,080.00 9 2 6.5 LF - 16" D.I. Pipe, CL. 250, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $2,700.00 $3,099.00 10 2 9.5 LF - 16" D.I. Pipe, CL. 250, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $3,400.00 $3,853.00 11 4 7 LF - 16" D.I. Pipe, CL. 250, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $2,800.00 $2,590.00 12 2 4 LF - 16" D.I. Pipe, CL. 250, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $1,625.00 $1,834.00 13 1 1’-6” LF - 16" D.I. Pipe, CL. 250, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $1,630.00 $1,840.00 14 2 3’-6” LF - 16" D.I. Pipe, CL. 250, FLG-FLG Spool w/3” Weld- on Flange Outlet for ARV, Gaskets & Hardware, Furnished Per Each $2,820.00 $3,020.00 15 4 1'-3" LF - 16" D.I. Pipe, CL. 250, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $720.00 $1,080.00 16 1 2 LF - 8" D.I. Pipe, CL. 350, FLG-FLG Spool w/ 2” Tap for ARV, Gaskets & Hardware, Furnished Per Each $1,020.00 $820.00 17 1 1 LF - 8" D.I. Pipe, CL. 350, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $610.00 $554.00 18 1 1.5 LF - 8" D.I. Pipe, CL. 350, FLG-FLG Spool w/ Sample Tap, Pressure Gage Tap, Gaskets & Hardware, Furnished Per Each $961.00 $402.15 19 1 8 LF - 8" D.I. Pipe, CL. 350, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $965.00 $1,063.00 20 1 1 LF - 6" D.I. Pipe, CL. 350, FLG-FLG Spool w/ Gaskets & Hardware, Furnished Per Each $360.00 $381.00 21 1 6 LF - 6" D.I. Pipe, CL. 350, FLG-PE Spool w/ Gaskets & Hardware, Furnished Per Each $560.00 $608.00 22 5 16" X 16" D.I. Tee, MJ-MJ, Furnished w/ Restraining Glands Per Each $1,725.00 $1,307.00 23 2 16" D.I. Plug, MJ, Furnished w/ Restraining Gland Per Each $420.00 $625.00 24 2 16" X 12" D.I. Reducer, MJ-MJ, Furnished w/ Restraining Glands Per Each $700.00 $722.00 25 1 16" X 10" D.I. Tee, All MJ, Furnished w/ Restraining Glands Per Each $1,400.00 $1,269.00 26 1 16" X 8" D.I. Tee, All MJ, Furnished w/ Restraining Glands Per Each $940.00 $1,011.00 27 8 16” D.I. 90 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $1,225.00 $998.00 28 4 16" D.I. Butterfly Valve, MJ-MJ, Furnished w/ Restraining Glands Per Each $4,155.00 $3,692.00 29 2 16" x 12” D.I. 90 Degree Bend, FLG-FLG Furnished w/ Gaskets & Hardware Per Each $1,105.00 $1,297.00 30 1 16" X 12" D.I. Concentric Reducer, FLG-FLG Furnished w/ Gaskets & Hardware Per Each $1,000.00 $1,116.00 31 2 16" X 12" D.I. Eccentric Reducer, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $1,000.00 $1,143.00 32 2 16" Butterfly Valve, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $4,155.00 $3,541.00 33 2 16" Check Valve, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $12,900.00 $12,882.00 $1,000.00 $2,000.00 $8,310.00 $2,880.00 $4,320.00 $1,020.00 $820.00 $3,968.40 $1,630.00 $5,800.00 $7,706.00 $10,360.00 $1,840.00 1205 Hilltop Parkway Birmingham, AL 35204 $18,135.00 $107,100.00 $1,311.00 $1,055.20 $876.00 $5,560.00 $4,720.00 $3,800.00 $6,198.00 $798.00 $16,920.00 Core & Main LP 4210 Halls Mill Rd. Mobile, AL 36693 KREBS ENGINEERING, INC 2100 RIVER HAVEN DRIVE BIRMINGHAM, AL 35244 205-987-7411 Consolidated Pipe & Supply Company Total Price for ItemTotal Price for Item $3,250.00 $3,668.00 $1,630.00 $1,840.00 $5,640.00 $6,040.00 $685.00 $1,080.00 $1,444.00$1,400.00 $5,400.00 $6,800.00 $11,200.00 $1,400.00 $1,269.00 $610.00 $554.00 $961.00 $402.15 $965.00 $1,063.00 $360.00 $381.00 $560.00 $608.00 $8,625.00 $6,535.00 $840.00 $1,250.00 $940.00 $1,011.00 $7,984.00 $2,594.00 $1,116.00 $2,286.00 $25,800.00 $9,800.00 $14,768.00 $7,082.00 $25,764.00 $16,620.00 $2,210.00 Page 143 of 226 34 2 16" Mechanical Coupling Furnished w/ Gaskets & Hardware Per Each $1,130.00 $1,462.00 35 1 16" Dismantling Joint for Venturi Vault, Furnished w/ Gaskets & Hardware Per Each $2,800.00 $2,695.00 36 2 12” D.I. 45 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $515.00 $409.00 37 1 12” D.I. Sleeve, MJ-MJ, Furnished w/ Restraining Glands Per Each $510.00 $387.00 38 2 10” D.I. 45 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $365.00 $283.00 39 1 8" X 6" D.I. Tee, FLG-FLG, Furnished w/ Gaskets and Hardware Per Each $375.00 $463.00 40 2 8” D.I. 90 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $290.00 $227.00 41 1 8” D.I. 90 Degree Bend, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $380.00 $346.00 42 1 8" Butterfly Valve, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $1,200.00 $1,383.00 43 1 8" Check Valve, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $2,900.00 $3,564.00 44 1 6” D.I. 45 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $185.00 $138.00 45 1 6” D.I. 90 Degree Bend, MJ-MJ, Furnished w/ Restraining Glands Per Each $220.00 $159.00 46 1 6" Gate Valve, FLG-FLG, Furnished w/ Gaskets & Hardware Per Each $998.00 $955.00 47 1 2” Air Release Valve Assembly Per Each $1,850.00 $1,813.00 48 2 3” Air Release Valve Assembly Per Each $5,000.00 $2,086.00 49 3 12” Rubber Expansion Joint, FLG-FLG, w/ SS Ring, Proco Style 231 or Equal $1,985.00 $1,386.59 50 1 Subtotal 51 1 10% contingency of Sub Total price. TOTAL AMOUNT OF BASE BID Highlighted value denotes corrected value from error on bid form Austin Maynard, PE $220.00 $159.00 $730.00 $566.00 $138.00 $375.00 $463.00 $580.00 $454.00 $1,200.00 $1,383.00 $380.00 $346.00 $2,900.00 $3,564.00 $185.00 $2,260.00 $2,800.00 $2,695.00 $818.00$1,030.00 $510.00 $387.00 $2,924.00 for Water Treatment Plant No. 1 Improvements - Piping, Valves, and Fittings." $312,265.71 $5,955.00 $4,159.77 $185,654.60 $283,877.92 $18,565.46 $28,387.79 $998.00 $955.00 $1,850.00 $1,813.00 $10,000.00 $4,172.00 by the City of Fairhope, Alabama on April 9, 2024 "I hereby certify that this is a true tabulation of bids received $204,220.06 Page 144 of 226 Page 145 of 226 Page 146 of 226 Page 147 of 226 Page 148 of 226 Page 149 of 226 Page 150 of 226 Page 151 of 226 Page 152 of 226 Page 153 of 226 Page 154 of 226 Page 155 of 226 Page 156 of 226 Page 157 of 226 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Daryl Morefield Department: Water Project Name: Pipes, Fittings and Valves for Water Treatment Plant No. 1 Improvements Project Description: Project Category: X Bid Professional Service Other: Budget Amount: $4,500,000 Budget Code: 004010-59501-50 Budgeted for Current FY: X Yes No BID INFORMATION Bid Duration: 2 Weeks Project Duration: Engineer of Record: Krebs Engineering Pre-Bid Meeting: X No Yes Mandatory Non-Mandatory Scope of Work Provided By: Krebs Engineering Contract Extensions: No Yes Project Manager: Insurance Requirements: Minimum Maximum Bonds: X Bid Performance Labor & Materials Related Bids/RF’s Bid 24-014 Water Treatment Plant No. 1 Improvements FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Suzanne Doughty (Feb 27, 2024 12:52 CST) Suzanne Doughty Page 158 of 226 Project Request - Pipes for WTP No. 1 Final Audit Report 2024-02-27 Created:2024-02-20 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAHxRHLwov9Jj9wjyPbv4QNXqrlgAZ9j4I "Project Request - Pipes for WTP No. 1" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-02-20 - 5:09:02 PM GMT Document emailed to Daryl Morefield (daryl.morefield@fairhopeal.gov) for signature 2024-02-20 - 5:09:06 PM GMT Email viewed by Daryl Morefield (daryl.morefield@fairhopeal.gov) 2024-02-20 - 6:10:00 PM GMT Email viewed by Daryl Morefield (daryl.morefield@fairhopeal.gov) 2024-02-27 - 5:17:55 PM GMT Document e-signed by Daryl Morefield (daryl.morefield@fairhopeal.gov) Signature Date: 2024-02-27 - 5:18:17 PM GMT - Time Source: server Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-02-27 - 5:18:18 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-02-27 - 6:51:16 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-02-27 - 6:52:02 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-02-27 - 6:52:04 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-02-27 - 7:15:42 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-02-27 - 7:15:44 PM GMT Page 159 of 226 Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-02-27 - 7:45:17 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-02-27 - 7:45:49 PM GMT - Time Source: server Agreement completed. 2024-02-27 - 7:45:49 PM GMT Page 160 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-352 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring for Professional Engineering Services for the Repair and Painting of the Water Tank at Water Treatment Plant No. 3. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for Engineering Services for the Repair and Paining of the Water Tank at Water Treatment Plant No. 3, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The water tank at Water Treatment Plant No. 3 is in need of repair and painting. The chosen engineer will provide bid specifications and oversee the project that will include the following: Task 1: Clean and paint exterior surfaces Task 2: Clean and paint interior surfaces Task 3: Pitting and perforation welding repairs Task 4: City logo restoration Task 5: Flushing and disinfection of tank Mayor Sullivan has selected Krebs Engineering for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500 Water-Utility Sys Imprv $450,000.00 $TBD $TBD GRANT: N/A Page 161 of 226 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 162 of 226 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-021) for the Repair and Painting of the Water Tank at Water Treatment Plant No. 3 to Krebs Engineering; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 163 of 226 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: April 10, 2024 Re: RFQ PS24-021 Professional Engineering Services for the Repair and Painting of the Water Tank at Water Treatment Plant No. 3. The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a professional engineering firm for the repair and painting of the water tank at Water Treatment Plant No. 3. Per our Procedure for Procuring Professional Services, Daryl Morefield and I are providing firms for the Mayor to select from for the work. The proposed scope of work for the repair and painting of the water tank shall include: Task 1: Clean and paint exterior surfaces Task 2: Clean and paint interior surfaces Task 3: Pitting and perforation welding repairs Task 4: City logo restoration Task 5: Flushing and disinfection of tank Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Krebs Engineering _____________ ___________ None. Submit another list Cc: file, Daryl Morefield, Mayor Sherry Sullivan 04/10/24 Page 164 of 226 Memo to choose - Engineer for Repair Paint of Water Tank at WTP 3 Final Audit Report 2024-04-10 Created:2024-04-10 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAMaKFm95osDXDm30W9p5WGOz34p0dM8ke "Memo to choose - Engineer for Repair Paint of Water Tank at WTP 3" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-04-10 - 1:41:21 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-04-10 - 1:41:25 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-04-10 - 9:05:56 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-04-10 - 9:07:00 PM GMT - Time Source: server Agreement completed. 2024-04-10 - 9:07:00 PM GMT Page 165 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-366 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water and Wastewater Department, Daryl Morefield, has requested Change Order No. 1 for the Contract with Hemphill Construction Company, Inc. for Bid No. 23-001-WA009-21 CR 33 24-inch Water Main Extension Project. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve Change Order No. 1 and authorize the Mayor to execute the Change Order No. 1 for $25,783.20. BACKGROUND INFORMATION: The CR 33 24-inch Water Main Extension Project is the extension of approximately 19,850 linear feet of 24-inch diameter ductile iron pipe water main to extend from the existing CR right of way to Fairhope Avenue (CR48) elevated tank. The Change Order No. 1 includes an additional Gate Valve per the City's request to accommodate a future extension to the west along County Road 48. The line item cost for the additional gate valve is $29,000.00, which resulted in a Contract Overrun of Twenty-Five Thousand Seven Hundred Eighty-Three Dollars and Twenty Cents ($25,783.20). The new contract total will be Six Million Four Hundred Seventy-Eight Thousand Seven Hundred Forty-Three Dollars and Twenty Cents ($6,478,743.20). Previous Actions: 06/28/2021 Council Approved $408,000.00 Kimley-Horn & Associates; Resolution 4130- 21 01/09/2023 Council Approved $80,000.00 Kimley-Horn & Associates; Resolution 4663- 23 11/14/2022 Council Approved $6,452,960.00 Hemphill Construction Company, Inc; Resolution #4624-22 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010-Water-Utility Sys $25,783.20 $25,783.20 ($0.00) Page 166 of 226 59500 Line 10 Imprv Distribution GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 167 of 226 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves Change Order No. 1 to the Contract Agreement with Hemphill Construction Company, Inc. for (Bid No. 23-001-WA009-21) CR 33 24-inch Water Main Extension Project for a not-to-exceed amount of $25,783.20, increasing the original contract total to $6,478,743.20; and hereby authorize Mayor Sherry Sullivan to execute the contract amendment. ADOPTED ON THIS 22ND DAY OF APRIL 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 168 of 226 kimley-horn.com 11 N. Water St. | RSA Battle House Tower, Ste. 9290 | Mobile, AL 36602 251 751-2527 April 15, 2024 City of Fairhope Attn: Mr. Daryl Morefield Public Works Director 555 S Section Street Fairhope, AL 36532 RE: Fairhope CR 33 24-inch Water Main Extension Project (WA009-21) – Change Order No. 1 – Final Summary Mr. Morefield: We are enclosing three copies of Change Order No. 1 – Final Summary request for the Fairhope CR 33 24-inch Water Main Extension (WA009-21) project. The proposed Change Or- der No. 1 includes adjustments to the final installed quantities for unit price items. Please note that the Final Summary Change Order includes an additional Gate Valve per the City’s request to accommodate a future extension to the west along County Road 48. The line item cost for the additional gate valve is $29,000.00 which resulted in a Contract Overrun of $25,783.20. Kimley-Horn has reviewed the proposed change order request, find it in order, and recommend approval. Please contact me at (251) 751-2527 if you have any questions. Sincerely, Charles H. Starling, III, P.E., BCEE Project Manager Enclosures Page 169 of 226 CHANGE ORDER NO.: 01 - Final Summary Owner: City of Fairhope Engineer: Kimlev-Horn and Associates. Inc. Contractor: Hemphill Construction Company. Inc. Project: Fairhope CR 33 24-inch Water Main Extension Project Contract Name: Fairhope CR 33 24-inch Water Main Extension Project The Contract is modified as follows upon execution of this Change Order: Change Order No. 1 - Final Summary adjusts the final quantities to reflect actual quantities installed. Owner's Project No.: WA009-21 Engineer's project No.: 242140001 Contractor's Project No.: N/A Attachments: Attachment A - Final Summary Quantity Adjustments COS-1 of 2 Page 170 of 226 Change in Contract Price Change in Contract Times Original Contract Price;Original Contract Times: Substantial Completion: Ready for final payment: February 27, 2024 $March 28, 20246,452,960-00 Contract Time change from previously approved Change Orders; Substantial Completion: 0 Calendar Days Ready for final payment: 0 Calendar Days Contract Price change from previously approved Change Orders: $ 0 Contract Price prior to this Change Order:Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: NA NAS6,452,960.00 Contract Price change this Change Order:Contract Time increase this Change Order: Substantial Completion: 34 Calendar Days Ready for final payment: 34 Calendar Days$ 25,783.20 Contract Price incorporating this Change Order;Contract Times with all approved Change Orders: Substantial Completion: April 1, 2024 Ready for final payment: May 1, 2024$6,478,743.20 Recommended by Engineer {if required)Accepted by Contractor By: Charles H. Starling III, P.E.,BCEEName:Rirha»^d A. Rula. Pre«^ident Date:April 15 2024 Authorized by Owner Approved by Funding Agency (if applicable) By: Name; Date: COS-2 of 2 April 15, 2024 Page 171 of 226 Attachment A Final Summary Quantity Adjustments Final Contract Qaantily Increase/I) ecreasc Original Quantity Original Contract Quantity Total Cost Increasc/DecreascDescriptionItemUnit Price Total 1.01 Mobilization LS 1 $ 385,000.00 $ 385,000.00 1 0 $ 1.02 Erosion and Sediment Control LS $ 50,000.00150.000.00 1 0 Clearing and Grubbing1.03 LS 1 $ 135,910.00 S 135,910.00 1 0 S 1-04 Site Restoration and Grassing LS S 15,000.00 $ 15,000-00 s10 1.05 Traffic Control LS S 163,000.00 163,000.00 0 $1 24-inch D1 PC 200 Water Main2.01 LF 17400 175.00 $ 3,045,000.00 17396 -4 (700.00) 2.02 24-inch D1 PC 350 RJ Pipe 300 $ 79,500.00LF265.00 300 0 2.03 24-inch HOPE HDD (Still Branch)LF 800 S 620.00 $ 496,000.00 800 0 2.04 24-inch HOPE HDD (CR33/48 Culvert)LF 500 S 620.00 S 310,000.00 500 0 $ 2.05 24-inch HOPE HDD (River Mill Drive)LF 1200 S 620.00 S 744.000.00 1200 0 $ 2.06 16-inch D1 PC 250 RJ Pipe LF 170 S 27,200.00160.00 80 -90 S (14,400.00) 2.07 8-inch PI PC 350 Pipe LF 60 S 125.00 S 7,500.00 33 -27 (3,375.00) 2.08 24-inch Gate Valve. MJ EA 4 29,000.00 116,000.00 5 29,000.00 2.09 16-inch Gate Valve, MJ EA 3 11,000.00 33,000.00 2 -1 (11,000.00) 2.10 8-inch Gate Valve. MJ EA S 7,500.00 7,500.00 1 0 2.11 Fittings TON 10 S 16,740.00 $ 167,400.00 9.99 -0.01 S (167.40) Mechanical Joint Restraint2.12 EA 120 S 650.00 S 78,000.00 135 15 S 9,750.00 2.13 8-inch Ductile Iron Sleeve EA S 5,000.005,000.00 2 1 5,000.00 2.14 24-inch by 20 inch Tapping Sleeve and valve EA I 43,000.00 43,000.00 1 S0 2.15 Hydrant and Assembly EA 7 9,650.00 67,550.00 7 0 $ 18" DIA RCP Culvert Pipe Rertwve and2.16 LF 400 65-00 $ 26,000.00 584 184 S 11,960.00Replace 24" DIA RCP Culvert Pipe Rerrwve and Replace 2.17 LF 600 85.00 51,000.00 656 56 S 4,760.00 30" DIA RCP Culvert Pipe Remove and LF 300 S 37,500.002-18 125.00 96 -204 $(25,500.00)Replace 2.19 Mitered End Section EA $ 14.600.0043,650.00 10 6 21.900.00 2.20 Asphalt Repair, Roadway SY 750 85.00 63,750.00 734 -16 (1,360.00) 2.21 Mill and Resurfacing. Roadway SY 1.000 60.00 60.000.00 998 -2 S (120.00) 19.200.00Asphalt Repair. Driveway SY2.22 280 80.00 S 22.400.00 520 240 2.23 Concrete Repair. Driveway. Sidewalks SY 350 120.00 42,000.00 350 0 SY2.24 Gravel Repair. Driveway 300 25.00 7.500.00 425 S125 3.125.00 Remove and Replace Sidewalks SY 1202.25 115.00 13,800.00 14.44 -105.56 (12,139.40) Rip Rap Stabilization TON S 2.000.002.26 10 200.00 6 -4 (800.00) Remove arxl Reset Mailbox2.27 EA 60 85.00 S 5.100.00 60 0 2.28 Tree Replacement EA 50 225.00 S 11,250.00 0 -50 (11,250.00) 2.29 2" Air Release Valve EA S 88.000.0011.000-00 9 1 S 11.000.00 Stottc FoutKlation and Bedding Material TON 5002.30 65.00 S 32.500.00 360 l 140 (9.100.00) Final Summary Change OrderTotal: $ Original Contract Total: $ Final Contract Total: $ 25,783.20 6,452,960.00 6,478,743.20 Page 172 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-355 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater Department, Daryl Morefield, has requested to procure Professional Engineering Services for the Installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 from Laurelbrook Subdivision to Fairhope Avenue. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the negotiated fee schedule for RFQ PS24-016 Professional Engineering Services for the installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 and authorize the Mayor to execute a contract for the not-to-exceed amount of $1,492,500.00. BACKGROUND INFORMATION: The City Council approved the selection of Kimley-Horn and Associates as the result of RFQ PS24-016 Professional Engineering Services for the installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 and approved the Mayor to negotiate the contract fee schedule. Fixed Fees are listed in the attached Proposal Letter. The Mayor and The Superintendent of Water and Wastewater Department would like to establish a not-to-exceed amount for Professional Engineering Services of One Million Four Hundred Ninety-Two Thousand Five Hundred Dollars ($1,492,500.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59500 Wastewater-Sys Imprv/Collection $0.00 $1,492,500.00 ($1,492,500.00) GRANT: N/A Page 173 of 226 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 174 of 226 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Kimley-Horn and Associates, Inc. for Professional Engineering Services for (RFQ PS24-016) the installation of a 16" Force Sewer Main with 2 Lift Stations Along State Highway 181 with a not-to-exceed amount of $1,492,500.00. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 175 of 226 kimley-horn.com 11 North Water Street, RSA Battle House Tower, Suite 9290, Mobile, AL, 36602 251 751-2527 April 10, 2024 City of Fairhope Daryl Morefield Water and Wastewater Superintendent 555 S. Section Street Fairhope, AL 36532 RE: IPO 005 – Fairhope South 181 Force Main Improvements Project – RFQ PS24-016 Mr. Morefield: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) proposes to provide the services identified in this Individual Project Order (IPO) for the project entitled “Fairhope South 181 Force Main Improvements Project” (“Project”). This IPO-005 includes the design and construction phase services for the construction of approximately 33,000 linear feet of force main 16-inches in diameter, and two master wastewater pump stations and associated appurtenances. The force main will primarily be routed along the Highway 181 corridor extending from Fairhope Avenue (CR 48) south to Laurel Brook PS. The two master pump stations will be designed for an estimated peak hour capacity of 1,500 gpm and 2,000 gpm. Attached is a scope and fee for your review and approval. We look forward to working with you on this vital project. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Charles H. Starling III, P.E., BCEE Project Manager Page 176 of 226 kimley-horn.com 11 North Water Street, RSA Battle House Tower, Suite 9290, Mobile, AL, 36602 251 751-2527 INDIVIDUAL PROJECT ORDER: 005 Scope of Services Fairhope South 181 Force Main Improvements Project – RFQ PS24-016 WORK AUTHORIZATION NUMBER 5 The following describes a specific agreement between Kimley-Horn and Associates, Inc. (Kimley-Horn), and the City of Fairhope (the Client or the City) in accordance with the terms of the City of Fairhope Standard Agreement for Professional Services. Identification of Project: Project: Fairhope South 181 Force Main Improvements Project Client: City of Fairhope General Category of Services: The City of Fairhope intends to construct approximately 33,000 linear feet (LF) of 16-inch wastewater force main primarily along the Highway 181 corridor, extending from Fairhope Avenue (CR 48) south to the Laurel Brook PS. This project will also include the design of two master wastewater pump stations for receiving and conveying the projected wastewater flows. The master lift stations are estimated to have design capacities of 1,500 gpm and 2,000 gpm. The route alignment and approximate locations of the master lift stations is provided in Exhibit 1 attached. The project will consist of survey, design, permitting, bid administration assistance, and construction phase services with the following understanding. 1. Kimley-Horn will contract directly with a survey sub-consultant to perform a topographic survey within the force main alignments rights-of-way (ROW) along the project corridor (primarily along the western corridor) from edge of pavement and up to 5 feet outside the ROW. 2. Kimley-Horn will contract directly with a geotechnical sub-consultant to perform a standard penetration test (SPT) near a potential horizontal directional drill location and perform associated soil testing. 3. Kimley-Horn coordinate with the City and ALDOT regarding utility permitting and alignment. 4. Kimley-Horn will prepare Bidding Documents for the construction of the force mains and master lift stations. 5. Kimley-Horn will provide permitting assistance. 6. Kimley-Horn will provide bidding assistance. 7. Kimley-Horn will provide limited construction phase services. 8. If required, easement acquisition assistance (e.g. plat and legal descriptions) will be provided under a separate IPO on an as-needed basis. Page 177 of 226 IPO-005 Page 2 kimley-horn.com 11 North Water Street, RSA House Tower, Suite 9290 Mobile, AL 36602 251 751-2527 Specific Scope of Basic Services: TASK 1 – CONSTRUCTION PLANS, SPECIFICATIONS, AND PERMITTING A. Kimley-Horn will prepare construction plans, specifications, and an opinion of probable construction cost for the work described in the General Category of Services. B. Kimley-Horn will coordinate with utility owners identified by utility locates to determine potential utility conflicts. C. Kimley-Horn will submit a preliminary route design based on the field survey and coordination with City staff. D. Kimley-Horn will coordinate with the City to develop the peak hour flow design capacity of the respective pump stations. E. Kimley-Horn will submit 60%, 90% and 100% plans, specifications, and an opinion of probable cost for the City’s review. F. Kimley-Horn will prepare a CBMPP and ADEM NPDES NOI application for the project. G. Kimley-Horn will coordinate with the City, County and State for easements and road crossings. H. All permit application fees will be paid by the City. I. Kimley-Horn will utilize a geotechnical professional consultant to perform a soil boring (up to 40 feet deep) at the potential horizontal directional drill location(s) along the proposed route. TASK 2 – BID ADMINISTRATION A. Kimley-Horn will prepare bid packages consisting of plans and specifications (in EJCDC format). B. Kimley-Horn will prepare the Bid Notification for advertisement. Kimley-Horn will provide the technical information required for the notification language. C. Kimley-Horn will conduct a pre-bid meeting at the project site with prospective bidders. D. Kimley-Horn will administer distribution of the bid packages and maintain a log of the issued bid packages. Kimley-Horn will charge those requesting hard copy or electronic bid packages a fee for each set of issued documents. The fee is intended to cover the cost of reproduction, shipping and handling of the bid packages. The City will be provided with two (2) hard copy bid package sets at no cost. E. Kimley-Horn will respond to Request for Information submittals (RFIs) and prepare bid addenda as necessary during the bid process. F. Kimley-Horn will review the bid responses and tabulate the results. Kimley-Horn will provide the City with a written bid tabulation record along with a selection recommendation. Page 178 of 226 IPO-005 Page 3 kimley-horn.com 11 North Water Street, RSA House Tower, Suite 9290 Mobile, AL 36602 251 751-2527 TASK 3 – LIMITED CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES A. Kimley-Horn will provide construction administration and observation services during the construction of the project. Construction Administration and Observation Services will consist of: 1. Pre-Construction Conference. Kimley-Horn will conduct a Pre-Construction Conference prior to commencement of construction activity. 2. Shop Drawings and Samples. Kimley-Horn will review and take appropriate action in respect to Shop Drawings and Samples and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. 3. Visits to Site and Observation of Construction. Kimley-Horn will make visits in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Kimley-Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley- Horn will keep Client informed of the general progress of the work. 4. Monthly Progress Meetings. Attend Monthly Progress Meetings (Assumed one per month at 2 hours each). 5. Applications for Payment. Based on observations and on review of applications for payment and supporting documentation, Kimley-Horn will determine amounts that Kimley-Horn recommends Contractor be paid. Such recommendations will be based on Kimley-Horn’s knowledge, information and belief, and will state whether in Kimley- Horn’s opinion Contractor’s work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, Kimley-Horn’s recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. Kimley-Horn’s recommendations will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. 6. Change Orders. Kimley-Horn may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 7. Requests for Information. Kimley-Horn will assist with responding to Requests for Information from the Contractor. 8. Substantial Completion. Kimley-Horn will, after notice from Contractor that it considers the Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception Page 179 of 226 IPO-005 Page 4 kimley-horn.com 11 North Water Street, RSA House Tower, Suite 9290 Mobile, AL 36602 251 751-2527 of those identified on a final punch list. 9. Final Notice of Acceptability of the Work. Kimley-Horn will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Kimley-Horn may recommend final payment to Contractor. Accompanying the recommendation for final payment, Kimley- Horn will provide a notice that the Work is generally in accordance with the Contract Documents to the best of Kimley-Horn’s knowledge, information, and belief based on the extent of its services and based upon information provided to Kimley-Horn. 10. Record Documents. Kimley-Horn will provide the City of Fairhope with a final set of record documents recording identified changes by the Contractor. Kimley-Horn will rely on information obtained during the observation site visits and information provided by the Contractor. SCHEDULE Kimley-Horn will provide our services as expeditiously as practicable to meet the mutually agreed upon schedule. INFORMATION PROVIDED BY OTHERS Kimley-Horn shall be entitled to rely upon the accuracy of information provided by others in the performance of professional services. It is anticipated that the following items will need to be provided to Kimley-Horn by the City during the project: 1. Record drawings of existing utilities owned by the City of Fairhope for utilities within the project limits. 2. Electronic copies of photographs taken by City of Fairhope staff documenting construction progress. Additional Services if required: Services requested that are not specifically included will be provided under a new and separate IPO agreement or can be performed on an hourly basis upon written authorization. Exclusions: 1. Permitting Fees. 2. Preparation of wetland permit. 3. Purchase of wetland mitigation credits. 4. Acquisition of easements. Assumptions: It is assumed that the force main improvements will be Bid and Constructed as two separate projects (Phase 1 and Phase 2). Page 180 of 226 IPO-005 Page 5 kimley-horn.com 11 North Water Street, RSA House Tower, Suite 9290 Mobile, AL 36602 251 751-2527 METHOD OF COMPENSATION: The Engineer will complete the above scope of services on a lump sum (not to exceed) fee basis for each respective task. Task 1 Design Services $ 925,250.00 Task 1A Survey $ 79,750.00 Task 2 Bid Phase Services $ 12,000.00 Task 3 Construction Administration and Oversight Services $ 475,500.00 Total Tasks 1-3 $1,492,500.00 CLOSURE If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. All provisions are in accordance with the terms and conditions of the consulting agreement between the City of Fairhope and Kimley-Horn and shall govern this agreement as applicable. Payment will be due within 45 days of your receipt of the invoice. Fees and times stated in the agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to propose these services to you. Please contact us should you have any questions at (251) 751-2527. ACCEPTED: CITY OF FAIRHOPE KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: NAME: NAME: Charles H. Starling, III, P.E., BCEE TITLE: TITLE: Associate DATE: DATE: April 10, 2024 Page 181 of 226 37SL 37SL37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 37SL 16 inch12 inch16 inch Dog House Thompson Hall Intermediate School Eastern Shore MH Vilage Meadow Brook East of the Sun Carya Point Quail Creek II White Grove River Mill Gayfer Park Southland Place Quail Creek I Fairfield Rohr Newton School Huntington Sub Edington Sedgefield Firethorne Stuart Park Wood Lawn Firethorne II Long Pine Stone Creek Stone Creek North Song Grove Gray Thorne Fairhope Middle School Fox Hollow II 11 North Water Street RSA Battle House Tower, Suite 9290 Mobile AL 36602 Phone: (251) 263-8350 www.kimley-horn.com Figure 1 CITY OF FAIRHOPE FAIRHOPE, ALABAMA FAIRHOPE SOUTH HWY 181 WW CONVEYANCE IMPROVEMENTSC:\Users\emily.pierce\OneDrive - KH\Desktop\ROAR LS UPGRADE.aprx - 1/26/2024 4:15 PM - emily.pierce0 1,000 2,000 Feet ±S. Greeno RoadMorphy Ave.S. Greeno RoadS. Greeno RoadGayfer Road Ext. Fairhope Ave.Fairhope Ave. CR 32 CR 32 Old Battles Road Twin Beech Road LAUREL BROOK PS PROPOSED 16" FM FUTURE CONNECTION TO FM FROM SOUTH NEWTON TO PUMP BACK TO HAVEN THROUGH EXISTING 8" FM 22,300 LF OF PROPOSED 16" FM 4,500 LF OF PROPOSED 16" FM TIE-IN TO EXISTING 12-INCH FM LEGEND 37SL LIFT STATION 37SL PROPOSED LS EXISTING FM EXISTING GRAVITY PROPOSED 12" FM PROPOSED 16" FM PHASE 1 - PROPOSED 16" FM CONNECT EXISTING 10-INCH FM FROM QUAIL CREEK PS 1,800 LF OF PROPOSED 12" FM 2,000 LF OF PROPOSED 16" FM FAIRHOPE AVENUE MASTER PS (2,000 GPM) PROPOSED HAVEN MASTER PS (1,500 GPM) April 2024 Page 182 of 226 Date: 4/10/2024 1.01 Mobilization 1 LS 1,130,900.00$ 1,130,900.00$ -$ -$ 1,130,900.00$ 1,130,900.00$ 1.02 Erosion Control 1 LS 30,000.00$ 30,000.00$ 5,000.00$ 5,000.00$ 35,000.00$ 35,000.00$ 1.03 Site Restoration 1 LS 30,000.00$ 30,000.00$ 5,000.00$ 5,000.00$ 35,000.00$ 35,000.00$ 1,190,900.00$ LABOR/EQUIP SUBTOTAL:10,000.00$ 1,200,900.00$ 2.0 PUMP STATION AND FORCE MAIN 2.01 16-inch FM (Open-Cut) 31050 LF 100.00$ 3,105,000.00$ 60.00$ 1,863,000.00$ 160.00$ 4,968,000.00$ 2.02 16-inch FM (HDD) 2500 LF 100.00$ 250,000.00$ 500.00$ 1,250,000.00$ 600.00$ 1,500,000.00$ 2.03 Hot-Tap 2 EA 5,500.00$ 11,000.00$ 5,000.00$ 10,000.00$ 10,500.00$ 21,000.00$ 2.04 Jack and Bore 200 LF 150.00$ 30,000.00$ 500.00$ 100,000.00$ 650.00$ 130,000.00$ 2.05 Haven Master Pump Station 1 LS 1,500,000.00$ 1,500,000.00$ 500,000.00$ 500,000.00$ 2,000,000.00$ 2,000,000.00$ 2.06 Fairhope Ave Master PS 1 LS 2,000,000.00$ 2,000,000.00$ 500,000.00$ 500,000.00$ 2,500,000.00$ 2,500,000.00$ 2.07 Concrete Driveways 1000 SY 60.00$ 60,000.00$ 60.00$ 60,000.00$ 120.00$ 120,000.00$ 6,956,000.00$ 2.0 LABOR/EQUIP SUBTOTAL:4,283,000.00$ 11,239,000.00$ 8,146,900.00$ SUBTOTAL (1.0-2.0):4,293,000.00$ 12,439,900.00$ 1,629,400.00$ CONTINGENCY (20 Percent):858,600.00$ 2,488,000.00$ 9,776,300.00$ CONSTRUCTION TOTAL:5,151,600.00$ 14,927,900.00$ SOUTH 181 WASTEWATER FORCE MAIN IMPROVEMENTS PROJECT CITY OF FAIRHOPE OPINION OF PROBABLE COST ITEM DESCRIPTION ESTIMATED QUANTITY MATERIAL UNIT PRICE MATERIAL TOTAL LABOR EQUIPMENT UNIT PRICE LABOR EQUIPMENT TOTAL CONTINGENCY (20 Percent): CONSTRUCTION TOTAL: The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. EXTENDED UNIT COST EXTENDED TOTAL 1.0 SITE WORK MATERIAL SUBTOTAL: 2.0 MATERIAL SUBTOTAL: SUBTOTAL (1.0-2.0): Page 183 of 226 Suzanne Doughty (Feb 27, 2024 15:47 CST) Suzanne Doughty Page 184 of 226 Project Request - RFQ - Engineer For Force Sewer Main w 2 lift stations Final Audit Report 2024-02-28 Created:2024-02-27 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAfb9a2GN2fybXHL1vCsrgizsKaxwHWH-Z "Project Request - RFQ - Engineer For Force Sewer Main w 2 lift stations" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-02-27 - 7:49:15 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-02-27 - 7:49:18 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-02-27 - 8:56:49 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-02-27 - 9:47:31 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-02-27 - 9:47:32 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-02-28 - 4:20:16 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-02-28 - 4:20:18 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-02-28 - 4:21:21 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-02-28 - 4:21:37 PM GMT - Time Source: server Agreement completed. 2024-02-28 - 4:21:37 PM GMT Page 185 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-350 FROM: Jeff Montgomery SUBJECT: The I.T. Director, Jeff Montgomery, requests approval for the Mayor to execute an agreement with I.T. Consultant Warren Averett, LLC for network penetration services. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To authorize Mayor Sherry Sullivan to execute the agreement with Warren Averett, LLC. BACKGROUND INFORMATION: Warren Averett, LLC will be conducting proactive Penetration Testing and Web Application Scanning Services to provide reporting on the ability of malicious hackers to gain access to the City's network. The network penetration testing services will include the following activities: develop a testing plan and schedule, validate and test all external IP ranges, perform tests as vulnerabilities are discovered, document testing and exploitation (if any), analyze results, and provide reports and a remediation plan. This service does not have to be bid, per the Code of Alabama 1975, Section 41-16- 51(15), which states: Contracts for which Competitive Bidding is Not Required: "(15) Contractual services and purchases of products related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures." BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001160- 50300 Computer Expense $8,500.00 $8,500.00 $0.00 GRANT: N/A Page 186 of 226 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 187 of 226 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of I.T. Consultant Warren Averitt., LLC to perform Network Penetration Testing Services); and authorizes Mayor Sherry Sullivan to execute an agreement with this firm with a cost of $8,500.00 pursuant to Code of Alabama 1975 Section 41-16-51. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 ________________________________ Corey Martin, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 188 of 226 Proposal to Serve CITY OF FAIRHOPE March 7, 2024 Proposer Warren Averett, LLC 2500 Acton Road Birmingham, Alabama 35243 Submitted by Amy M. Williams Senior Business Consultant Risk Advisory & Assurance Services Amy.Williams@warrenaverett.com Direct: 205.460.3983 Page 189 of 226 2 | Page Table of Contents Firm Overview……………… 1 Executive Summary………. 2 Engagement Terms……….. 4 Agreement…………………... 10 Page 190 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 1 Firm Overview YEAR-LONG ADVISORY SERVICES When your accounting firm behaves more like a financially minded business advisor than a transactional vendor, your institution benefits throughout the year—not just during typical financial deadlines. Warren Averett takes care of the details, so you can get back to business as usual. Consistent Support as You Change and Grow Customized Approach Just-Right Regional Service Leadership Available to Every Client Bench Strength Through the BDO Alliance About Warren Averett When you work with Warren Averett, you are working with more than just the team on your project. You are a client of the entire firm. We offer guidance for business improvement and connections where they count. In the end, we are a resource to help you take care of important things in your business. Warren Averett is a nationally recognized accounting and consulting firm. Whether you are a Fortune 100 company or a local nonprofit, we have the experience for your engagement. From audit, tax planning and compliance to technology consulting and human resources solutions, we listen to your needs and offer solutions. We have extra support from the BDO Alliance USA. Warren Averett is the largest member of the BDO Alliance USA, a nationwide association of accounting, consulting, and service firms. Our membership gives us: • Additional specialty services • Niche capabilities • Access to personnel resources #7 Largest CPA Firm in the Southeast/Gulf Coast Combined (Source: Accounting Today 2023) 15 Offices 800+ Employees #42 Largest CPA Firm in the U.S. (Source: Accounting Today 2023) Page 191 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 2 Confidentiality Each party acknowledges that it and its employee may acquire information that is proprietary or confidential to the other party. Each party shall hold such information in strict confidence and shall not disclose any such information to any third party without prior written approval. Non-Compete Statement The experience and knowledge of Warren Averett, LLC’s professional staff is maintained at considerable expense. In consideration thereof, during the term of this engagement and for a period of one-hundred eighty (180) days following, City of Fairhope agrees not to, directly or indirectly, solicit, hire, or engage employees of Warren Averett, LLC that participate in the delivery of services covered by this Agreement. In the event City of Fairhope violates this clause, City of Fairhope agrees to pay Warren Averett, LLC, as reasonable liquidated damages, an amount equal to 25% of the employee’s annual salary. Executive Summary Warren Averett, LLC would like to thank City of Fairhope for allowing our team to propose to provide proactive Penetration Testing / Web Application Testing on behalf of your organization. On an annual basis, the Risk Advisory and Assurance Services (RAAS) group within our Firm performs over 150 information technology and security related projects (reviews, risk assessments, audits, etc.). These engagements offer insight into the industry trends for security best practices and allow companies to make proactive decisions about how to mitigate their organization’s risk. During these projects, our Certified Public Accountants and certified information security professionals (CISA, CISSP, CISM) perform testing and documentation of the controls and provide best practice recommendations for improving the overall risk landscape and the IT control environment of the organization. The Risk Advisory and Assurance Services (RAAS) group is constantly educating organizations about the need for continued review and risk assessment of the systems and related application security. Our team also regularly attend (and lead) certification and education forums to stay abreast of current trends, standards and in order to offer best practices recommendations to our clients. Page 192 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 3 Penetration Testing Services Warren Averett, LLC’s network penetration testing services, conducted with a formalized methodology, will provide reporting on the ability of malicious hackers to gain access to City of Fairhope’s (the Client) network. Our network penetration testing services include the following activities: develop a testing plan and schedule, validate and test all external IP ranges, perform tests as vulnerabilities are discovered, document testing and exploitation (if any), analyze results, and provide reports and a remediation plan. Purpose The purpose of this document is to define the boundaries and constraints that Warren Averett, LLC must abide by during penetration testing activities, if the Client engages services. It is necessary to define a set of rules of what is and is not acceptable during testing activities. Penetration testing will occur in accordance with rules and restrictions set forth in the scope section of this document. Penetration testing will follow methodologies outlined in National Institute of Standards and Technology special publication 800-115. Assumptions and Limitations Warren Averett, LLC assumes the client’s named systems are stable and available for testing at any time unless otherwise specified by the Client. Penetration testing will be conducted in a manner as to not expose company data to the Internet and will be conducted from a secure facility. Risks With any type of intrusive testing or scanning there are inherent risks; server downtime, data corruption, or even loss of data is possibilities during testing of this nature. Warren Averett, LLC will take precautions to reduce or eliminate risk of downtime or data loss. The Client should ensure that all named servers have adequate backups and personnel should have knowledge of techniques to restore the applications to full functionality in case of data loss or server downtime. Tools The following applications represent some of the software utilized during this engagement. Warren Averett, LLC also utilizes various other open source and proprietary scripts: • Nessus • Metasploit • Acunetix • Canvas • Nmap Page 193 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 4 Terms of Engagement March 7, 2024 Warren Averett, LLC is pleased to confirm our understanding of the services we are to provide for City of Fairhope (the “Client”) and any of its affiliated entities. This agreement confirms our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. This letter is intended to communicate the terms of our engagement with management and those charged with governance. Services Provided Warren Averett is pleased to provide proactive Penetration Testing and Web Application Scanning Services to City of Fairhope as requested by an authorized representative of the organization. Responsibilities and Limitations Unless otherwise provided herein, this engagement will be conducted in accordance with the Statement on Standards for Consulting Services (“Standards”) established by the American Institute of Certified Public Accountants (“AICPA”). Client specifically acknowledges and agrees to the following with respect to the services provided: In connection with the services provided, Warren Averett shall be entitled to rely on all representations, warranties, information, decisions, consents, and approvals provided by the Client. Client agrees that the performance of the services is entirely dependent upon Client providing Warren Averett with complete and accurate materials and information in a timely manner. Warren Averett has no responsibility for the accuracy or completeness of the information it receives. This engagement cannot be relied upon to disclose errors or fraud should they exist. The work performed does not constitute and will not result in a tax opinion, an audit conducted in accordance with generally accepted auditing standards, an examination of any type, an accounting or auditing opinion, any other attestation or review service in accordance with standards or rules established by the AICPA, the Public Company Accounting Oversight Board (the “PCAOB”), any taxing authority or other regulatory body. Accordingly we will not express an opinion, recommendation, or any other form of assurance either in writing or orally (and, in each case, the Client will not assert in any context that Warren Averett has made such an opinion, recommendation or any other form of assurance) with respect to any matters as a result of the performance of the services provided, including, without limitation, concerning the (i) financial statements of the Client or any financial or other information taken as a whole, for any date or period; or (ii) future operations or solvency of the Client. Warren Averett will not perform any evaluation of internal controls and procedures for financial reporting upon which Client’s management can base its assertion in connection with the Sarbanes- Oxley Act of 2002 (the “Act”) or related rules or regulations, and the Client will not assert in any context that Warren Averett has performed any such evaluation. More specifically, but without Page 194 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 5 limiting the previous sentence, Warren Averett will make no representations or warranties, and Warren Averett will provide no assurances (and the Client will not assert in any context that Warren Averett has made such representations, warranties or assurances) with regards to whether or not the Client has in existence the necessary internal controls over financial reporting, whether such internal controls are designed appropriately, or whether such controls are operating effectively; in each case, as such concepts, are set forth in the Act and/or any other standards or rules. It is management's responsibility to establish and maintain internal controls, to comply with the requirements of the Act and/or any other standards or rules, and to identify, implement and execute any procedures deemed necessary to comply with the foregoing provisions. These procedures should not supplant inquiries and procedures that management should make in connection with current or future compliance with the provisions of the Act and/or other standards or rules. It is understood that Warren Averett cannot and will not provide, nor be responsible for providing, legal advice hereunder. Client’s Responsibilities Client represents they have the requisite knowledge, skills, and experience to evaluate the Services to be provided by Warren Averett. Client shall be solely and exclusively responsible for, among other things: (i) making all management decisions and performing all management functions; (ii) designating a knowledgeable employee within senior management, to oversee the Services on behalf of Client; (iii) evaluating the adequacy of the Services and the contents of any Deliverable (as defined below); and (iv) accepting responsibility for results of the Services. Use Of Deliverables We will document the results of the Services in a formal report to be provided to the Client in accordance with the Standards noted above. We do not assume responsibility for updating the information or our report for such events or circumstances that may occur subsequent to the date the report is issued. Scope & Fees Warren Averett, LLC proposes to provide City of Fairhope with proactive Penetration Testing and Web Application Scanning Services. Fees are based on the client’s elections below: Penetration Testing: First IP Address: $2,500 Each Additional IP Address: $1,200 Initial to Accept ______ Initial to Decline ______ Total Address Count: ______ Total agreed upon fee based on elections: $___________ Page 195 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 6 Please list the IPs to be tested: _________________________________ ______________________________ _________________________________ ______________________________ _________________________________ ______________________________ Web Application Scanning $2,500 per Web Application* Address Count _______ Initial if Accepted _______ Initial to Decline _______ Please list the Web Applications to be tested: _________________________________ __________________________ _________________________________ __________________________ *After the initial web application testing, if the Client would like Warren Averett, LLC to provide a discounted solution for ongoing testing of the web applications, an established quarterly testing schedule can be initiated. This service will provide ongoing quarterly testing of the web applications as well as reporting on the findings. A separate proposal can be provided at the Client’s request. Additional Credentials Address Count ____ Initial if Accepted _______ $1,000 per web application Initial to Decline _______ Please list the Web Applications to be tested: _________________________________ __________________________ _________________________________ __________________________ This references credentials that might expose new layers of the application and may affect the Client’s security health and well-being. Testing of the additional credentials ensures that a privilege escalation cannot occur. Example: Normal user can directly access the admin page if they know what the page is. If requested, remediation services for issues determined during review and testing will be defined in a separate project engagement proposal. Any additional support or installation services provided outside of the scope of this agreement will be billed separately at normal hourly depending upon the level of expertise required. Travel Travel, meals, and out of pocket expenses, if applicable, are not included in the fees referenced above. Mileage expenses will be computed at the current IRS rate to/from our premises to your physical location(s) and will be invoiced separately. Page 196 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 7 Billing Invoices are due upon receipt. In the event that payment is not received within 30 days of the due date, the Client will be assessed interest charges of one percent per month on the unpaid balance. We reserve the right to suspend or terminate our work due to nonpayment. In the event that our work is suspended or terminated as a result of nonpayment, the Client agrees that we will not be responsible for the Client’s failure to meet government and other filing deadlines, or for penalties or interest that may be assessed against the Client resulting from the Client’s failure to meet such deadlines. Detection This engagement will not include any procedures designed to detect fraud, theft, or illegal acts, and Client agrees that we will have no responsibility to do so. Employment In the event you desire to employ a current employee of Warren Averett, LLC or a previous employee of Warren Averett, LLC whose termination date is within 6 months of the date services were provided to you by us, you agree to consult with us concerning such employment. In addition, if you employ such employee, you agree Warren Averett, LLC has the option to receive a reasonable placement fee from you, in an amount determined by us not exceeding 25% of employee’s annual compensation at the time of termination. Legal Fees In addition to the fees for services described in this agreement, the Client agrees to pay legal fees incurred in connection with any suit to recover fees due from you on this engagement or to enforce the terms of this Agreement, and legal fees incurred by Warren Averett, LLC in responding to any third-party request for production and/or subpoenas and/or depositions or other testimony related to your records and our work done for you in connection with an engagement thereon. Limitations of Liability Warren Averett, LLC’s maximum liability to the Client for any reason shall be limited to the fees paid by the Client for the services or work product giving rise to the liability except and to the extent finally determined to have resulted from our willful misconduct. Without limiting the foregoing, Warren Averett, LLC’s liability under this agreement is limited to the actual and direct damages incurred by the Client arising out of or related to Warren Averett, LLC’s performance hereunder. In no event shall Warren Averett, LLC be liable for any incidental, consequential, special, indirect, punitive or third-party damages or claims, including, without limitation, lost profits or revenue, lost savings, lost productivity, loss of data, loss of use of equipment and loss from interruption of business, regardless of whether the form of action is based upon breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory even if Warren Averett, LLC has been advised about the possibility of such damages. Warren Averett, LLC’s members, principals, and employees shall have no liability or obligations arising out of this engagement letter. Client Page 197 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 8 agrees that should Client bring any claim or other legal proceeding of any nature arising from the services provided pursuant to this engagement letter, such claim or legal proceeding shall only be pursued against Warren Averett, LLC. Indemnity The Client agrees to release, defend, indemnify and hold Warren Averett, LLC and its members, managers, officers and employees and the respective heirs, executors, personal representatives, successors, and assigns of each of them harmless from any and all claims which arise from knowing misrepresentations to Warren Averett, LLC by the Client, including its management, board of directors, employees and other duly authorized representatives, or intentional withholding or concealment of information from Warren Averett, LLC by the Client. Dispute Resolution By signing this agreement, you agree that any controversies, issues, disputes or claims (“Disputes”) arising out of or relating to this Agreement, or any services provided by Warren Averett, LLC, shall be RESOLVED EXCLUSIVELY BY BINDING ARBITRATION administered by the American Arbitration Association (the “AAA”) in accordance with the Commercial Arbitration Rules of the AAA then in effect; provided, that, by written notice delivered to you prior to or after the initiation of any arbitration claim, Warren Averett, LLC as the defendant in a Dispute may elect (a) that the Dispute shall be resolved pursuant to litigation in an Agreed Court (as defined below) and/or (b) submitted to nonbinding mediation prior to the commencement or continuation of an arbitration claim or lawsuit. If any Dispute is not arbitrated for any reason, (i) any litigation, proceedings or other legal actions related to a Dispute shall be instituted in the courts in the state of the service provider, or if it has jurisdiction, a Federal court in Birmingham, Alabama (the “Agreed Courts”) and (ii) the parties, for themselves and their successors and assigns, hereby WAIVE TRIAL BY JURY OF ANY DISPUTE. Each party to this Agreement irrevocably submits to the exclusive jurisdiction of the Agreed Courts in connection with any such litigation, action or proceeding. Each party to this Agreement irrevocably waives, to the fullest extent permitted by applicable law, any defense or objection it may now or hereafter have to the laying of venue of any proceeding brought in the Agreed Courts, and any claim that any proceeding brought in any such court has been brought in an inconvenient forum. The parties acknowledge that (x) they have read and understood the provisions of this agreement regarding arbitration and (y) performance of this agreement will be in interstate commerce as that term is used in the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the parties contemplate substantial interstate activity in the performance of this Agreement including, without limitation, interstate travel, the use of interstate phone lines, the use of the U. S. mail services and other interstate courier services. Conditions Precedent Client agrees that Warren Averett, LLC shall have no liability under this Agreement or arising under this engagement unless written notice of Warren Averett, LLC’s alleged liability shall have been given by Client to Warren Averett, LLC within one (1) year following the later of (i) the date the Client Page 198 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 9 is informed of the engagement’s termination or, (ii) the last date services were provided to the Client. If the matter cannot be resolved amongst Warren Averett, LLC and the Client within thirty (30) days of the date of such written notice (or such longer period as the parties may agree to in writing), the parties shall participate in non-binding mediation before any litigation or other dispute resolution proceeding is commenced (unless the parties jointly agree in writing to waive this requirement). Invalidation In the event that any portion of this agreement is deemed invalid or unenforceable, said finding shall not operate to invalidate the remainder of this agreement. Disclosure We may, from time to time and depending on the circumstances, use third-party service providers in serving your account including service providers located outside of the United States. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. Furthermore, we will remain responsible for the work provided by any such third-party service providers. By signing this letter, you consent to allow us to disclose your tax return information, if applicable, or other information to our service providers located abroad. If you want to limit the amount of information that may be disclosed to any third-party service provider, please notify us in writing as an attachment to this letter. Warren Averett Connect Warren Averett Connect is a tool for the sharing of information between the Client and Warren Averett. Warren Averett Connect is not designed to store Client information and documents. Client is responsible for maintaining backup to all Client data provided to and by Warren Averett, LLC. Term This agreement shall survive the termination of the Client’s engagement of Warren Averett, LLC. Limitations In this engagement, we will be using information developed and information furnished by the Client. We are relying upon the Client for the accuracy and completeness of the Client’s records, as well as all other information supplied. We will maintain the information provided to us in confidence within our firm and will not disclose to others the Client’s confidential information except with the Client’s consent or as required by law or permitted under professional standards of the accounting profession. Page 199 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 10 None of the work that we will perform under this engagement will constitute an attest engagement in accordance with generally accepted auditing standards. The advice and services provided hereunder are solely for management or for submission to taxing authorities and are to be used for no other purpose. Accordingly, our advice may not be relied upon by any other person or persons, used in connections with any other transaction, or used for any other purpose without prior written consent. We assume no responsibility to keep the Client apprised of developments in the tax law relative to this engagement after it has been completed. Amendment The terms and conditions of this agreement (i) apply exclusively to the services specifically set forth in the “Services Provided” section herein (the “Current Specified Services”) and do not apply to any other services specifically addressed in a separate Terms of Engagement entered into between Warren Averett, LLC, and the Client. This agreement replaces and amends all previous Terms of Engagement entered into between Warren Averett, LLC and the Client for the services specifically set forth in the “Services Provided” section herein (the “Current Specified Services”). This agreement does not impose upon Warren Averett, LLC any additional obligations or responsibilities with respect to any other Terms of Engagement entered into between Warren Averett, LLC, and the Client. Joint Preparation The parties to this Agreement represent and acknowledge that they have had an opportunity to obtain legal, financial, or other representation to assist them in drafting, negotiation, and execution of this Agreement, and that they have availed themselves of this opportunity to the extent they desired. The parties further represent and acknowledge that they jointly participated in the negotiation and drafting of this Agreement, and that any ambiguity herein shall not be construed for or against any party under the doctrine of contra proferentem or any other theory. The parties agree that neither party shall claim that an advantage was obtained by either party due to representation or drafting. Consent to Use By signing this Engagement Contract, you consent to the use, by Warren Averett, LLC, of any and all tax return information provided to us by you for the purpose of contacting you (whether by mail or other electronic means) with information pertaining to such matters as newsletters of Warren Averett, LLC and affiliated firms, notices of upcoming seminars and promotion announcements, as well as any information we feel would be appropriate and useful to you in our efforts to serve you as a valued client of our firm. The tax information may not be disclosed or used by Warren Averett, LLC, or affiliated firms for any purpose other than per this agreement. This consent will be valid until such time as you inform us otherwise, for the duration of your association with Warren Averett, LLC. Page 200 of 226 The information in this document is privileged and confidential and is protected from disclosure. Dissemination, distribution or copying of this communication without the express permission of Warren Averett is strictly prohibited. Agreement ID: 7548-7547 WARREN AVERETT, LLC 11 Agreement We appreciate the opportunity to be of service to you and believe this contract accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you are in agreement with the terms of our engagement as described in this contract, please sign a copy, and return it to: Amy M. Williams Senior Business Consultant Risk Advisory & Assurance Services (RAAS) Email: Amy.Williams@warrenaverett.com Phone: 205-460-3983 Warren Averett, LLC: City of Fairhope: ________________________________ __________________________________ Authorized Representative Authorized Representative ________________________________ __________________________________ Printed name Printed name ________________________________ __________________________________ Title Title ________________________________ __________________________________ Date Date Page 201 of 226 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 02/29/24 Department: IT Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$15,000 Utilities - $10,001 - $15,000 Operational Budgeted Three Treasurer N/A N/A Over $15,000/$50,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $15,000/$50,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Warren Averett $ 8,500 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Penetration Testing 2. What is the total cost of the item or service? 8500 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Warren Averett 6. Vendor Number: 6778 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 24000 3. Budget code: 001160 50300 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 202 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-353 FROM: Hannah Noonan, Human Resources Director SUBJECT: The Director of Human Resources, Hannah Noonan, is requesting the procurement of an Employee Assistance Program to maintain compliance with Federal Regulations for various Utility and Public Works Departments. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: To approve the procurement of an Employee Assistance Program (EAP) and authorize Mayor Sullivan to execute a contract. BACKGROUND INFORMATION: Due to Federal Regulations regarding public utilities and public works, The City of Fairhope must procure an Employee Assistance Program (EAP) to remain in compliance. Three vendors were contacted for proposals. CobbsAllen analyzed the proposals and ComPsych provided the lowest price of fifteen thousand dollars ($15,000.00) annually. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget XXXX-50210 Insurance-Various $0.00 $6,250.00 ($6,250.00) Estimated FY2024 Expense, assuming a May 1, 2024 program inception date is estimated to be $6,250.00. Annual cost is estimated at $15,000.00, Each year will be budgeted starting FY2025. GRANT: N/A LEGAL IMPACT: N/A Page 203 of 226 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 204 of 226 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of an Employee Assistance Program (EAP) from ComPsych Corporation and authorizes Mayor Sherry Sullivan to execute a contract for an annual cost of $15,000.00. ADOPTED ON THIS 22ND DAY OF APRIL 2024 _________________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 205 of 226 Your Life. Your Work. Your Best.® GuidanceResources® GuidanceResources® Proposal City of Fairhope February 2024 Page 206 of 226 Contact Information Copyright © 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. None of the information set forth herein may be reproduced or distributed in any form or by any means without the prior written permissio n of ComPsych Corporation. SUBMITTED BY: ComPsych Corporation NBC Tower 455 North Cityfront Plaza Drive Chicago, IL 60611 312-595-4000 www.compsych.com PRIMARY CONTACT: Michael Burbee Business Development Consultant phone 312-253-4833 mburbee@compsych.com Page 207 of 226 Table of Contents Copyright © 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. None of the information set forth herein may be reproduced or distributed in any form or by any means without the prior written permissio n of ComPsych Corporation. About ComPsych 1 GuidanceResources® Solution 1 Program Services 1 ComPsych Work-Life Resources 3 Pricing for City of Fairhope 6 Page 208 of 226 Proposal for City of Fairhope GuidanceResources Proposal for City of Fairhope February 2024 1 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. About ComPsych ComPsych® Corporation is the world’s largest provider of mental health services and is the pioneer and worldwide leader of fully EAP, behavioral health, wellness, work- life, HR, FMLA and absence management services under its GuidanceResources ® brand. ComPsych provides services to more than 68,000 organizations, covering more than 139 million individuals throughout the United States and 200 countries. By creating “Build-to-Suit” programs, ComPsych helps employers attract and retain employees, increase employee productivity and improve overall health and well- being. Our customers range from the Fortune 500 to smaller public and private concerns, as well as government entities and Taft-Hartley groups. However, more important than the fact that we are the industry leader, is why we are the leader. Every year, more than 1,000 companies switches their program to ComPsych’s GuidanceResources. Further, we retain an extremely high percentage of our customer base—more than 99 percent choose to stay with ComPsych. Our customers see the value of the depth and breadth of our services, our ability to successfully engage an employee population and the stringent standards of quality we utilize to monitor our service delivery. Quite simply, we over-deliver on expectations. It is this commitment that garners our exceptional growth and customer retention rates, as well as our individual satisfaction ratings. ComPsych works with each customer to create build-to-suit programs that help employees improve their overall well- being and address the full continuum of life’s issues—personal, family and wellness concerns. We help organizations foster high-performing work cultures that attract and retain the best and brightest, resulting in superior productivity and performance, and increased profits. For more information, please visit www.compsych.com. GuidanceResources® Solution ComPsych’s GuidanceResources solution offers cutting-edge employee benefits and stands apart by comprehensively supporting employees across the broad spectrum of life’s issues. We pioneered our unique brand, GuidanceResources, to seamlessly integrate counseling, behavioral health, wellness, work-life, crisis intervention, training services and absence management services into a single solution that helps employees lead healthier and more productive lives. ComPsych creates multifaceted, single-source solutions specific to each organization’s culture and employee needs. Through our build-to-suit programs, employees experience integrated programs that contribute to the high -performance culture City of Fairhope seeks. GuidanceResources provides employees with information, resources and creative solutions that address personal life challenges and improve workplace productivity and performance. By choosing GuidanceResources, City of Fairhope will receive the highest quality, consistency and outcomes within an outstanding value proposition. Program Services ComPsych’s strengths are our commitment to our build-to-suit approach, EAP and work -life integration, extraordinary program utilization, face-to-face referrals and high-touch attention from account services through quality management. ComPsych Global Solutions ComPsych programs help maximize productivity, minimize risk and contain costs while meeting the unique needs of each organization. Our GuidanceResources® brand offers employers a comprehensive, approach to employee assistance programs (EAP) that consistently deliver high-quality clinical, work-life, and crisis management services around the world. ComPsych provides services to more than 53,000 organizations, covering more than 118 million individuals throughout the United States and more than 170 countries. Page 209 of 226 Proposal for City of Fairhope GuidanceResources Proposal for City of Fairhope February 2024 2 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. Adding ComPsych’s services to City of Fairhope’s benefit plan will deliver true value to its employees and help City of Fairhope’s most valuable resource—its people. EAP Services Intake and assessment: ComPsych’s EAP will identify and resolve employee concerns before they become serious problems for individuals and City of Fairhope. ComPsych’s EAP can address a wide range of issues, from stress and marital/family conflicts to major life changes. Individuals will access ComPsych’s GuidanceConsultants via a 24-hour toll-free line. These GuidanceConsultants are master’s level clinicians who conduct intake using an empathic approach. They listen to individuals’ issues, assess their needs, make initial recommendations and refer callers to the local specialists required to resolve their issue. GuidanceConsultants use our automated system to match individuals who need in-person counseling with a GuidanceExpert (local provider). This system pinpoints GuidanceExperts in close proximity to each individual. Our local EAP GuidanceExperts are state-licensed, clinical professionals with deep understanding of the workplace-related EAP service delivery model. Our GuidanceExperts evaluate and facilitate treatment within the 3, 5 or 8 session model. They will also guide individuals through a transition to the medical plan or community resources. Referral for Counseling For routine matters, individuals can schedule an appointment in an average of three days. These routine face -to-face appointments are available six days a week. If employees have an urgent request, we will provide care through a referral to a GuidanceExpert within 48 hours. During emergency calls, ComPsych’s GuidanceConsultants use their crisis intervention skills to implement crisis protocols immediately For routine referrals, ComPsych will contact the individual within two days of the first call to make sure a suitable appointment was available. For urgent and emergency cases, we will follow up within one day. During any call, we encourage the individual to follow through with our referral recommendation. Immediate Critical Incident Response ComPsych staffs our internal critical incident stress management (CISM) services department 24 hours a day with experts who deal exclusively in critical incidents such as violence, serious illness and deaths, natural disasters, fatal acciden ts and corporate restructuring. A CISM session is a meeting organized for an individual or group of people affected by a critical event. The onsite sessions, conducted by a GuidanceExpert, aim to reduce the likelihood of long-term psychological consequences for individuals exposed to the critical event. They offer support, normalize trauma responses and help individuals to manage the symptoms. ComPsych can provide onsite CISM sessions within hours if needed. Formal Referrals When City of Fairhope needs to refer an employee to the EAP, ComPsych’s formal referral specialists will assist City of Fairhope’s managers/supervisors or HR professionals throughout the process. Referrals can be either voluntary or formal. GuidanceConsultantsSM ComPsych GuidanceConsultants are master’s-level intake clinicians who will listen to employees’ issues, assess their needs and refer them to specialists to resolve their issues. They have broad- based clinical skills and experience in assessing issues such as stress and depression, alcohol/drug use, suicide, emergency responses and work-life concerns. Page 210 of 226 Proposal for City of Fairhope GuidanceResources Proposal for City of Fairhope February 2024 3 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. A voluntary referral occurs when an employee comes to their manager with an issue or when a manager identifies an issue during initial performance and disciplinary discussions. The manager reminds the employee that the EAP can assist them. The employee can choose whether to use the EAP. In a formal referral, a manager/supervisor directs the employee to use EAP services after informing him or her that performance or behavior issues are hindering productivity, or a policy such as drug-free workplace has been violated. Managers/supervisors formally refer employees after taking disciplinary steps. ComPsych Work-Life Resources FamilySource® for Family and Personal Convenience Services ComPsych’s FamilySource program offers unlimited access to help for childcare, adoption, education, elder care, pet care and personal convenience needs. FamilySource support includes: Assistance identifying preschools, elementary schools, high schools, colleges, and graduate and professional programs Consultation, coaching and qualified, prescreened referrals regarding parenting, childca re and aging concerns Customized research, tailored educational materials and referrals Education regarding the adoption process and referrals to qualified agencies Information regarding general health and wellness topics Resources and referrals for personal convenience service providers including event planning, home improvement, moving and shopping ComPsych Staff Attorneys Provide LegalConnect® Services When individuals call ComPsych’s legal assistance program, Legal Connect, our lawyers will provide insightful coaching and guidance to help individuals address their unique challenges. Our legal assistance program provides unlimited telephone access to our in-house team of dedicated attorneys, as well as the following: Articles applicable to the caller’s issue Free 30-minute assessment and 25 percent discount off fees when in-person representation is necessary Unlimited post-referral support for additional questions Referrals to self-help resources, legal aid organizations, government resources and other low cost or free legal provider options FinancialConnect® Assists with Financial Matters ComPsych’s FinancialConnect program provides assistance with financial and insurance issues through unlimited telephone access to certified public accountants (CPA) and certified financial planners® (CFP®) on staff at ComPsych. Features of FinancialConnect include: Unlimited telephone access to certified financial specialists on staff at ComPsych Information on household budgeting, financial planning and investments Online access to contact information for qualified, certified Financial GuidanceExperts Unlimited Management Consultation ComPsych has expertise with issues like substance abuse, compliance with the American with Disabilities Act and other government regulations, workplace violence and organizational re- engineering. If City of Fairhope needs support for an employee issue, a ComPsych HR specialist can provide it, working from extensive knowledge of and experience with workplace regulations and best practices. Our services to City of Fairhope will reflect our customers’ HR policies and procedures. Page 211 of 226 Proposal for City of Fairhope GuidanceResources Proposal for City of Fairhope February 2024 4 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. Online tools and resources for common financial issues Industry-Leading Online Information and Tools ComPsych’s award-winning GuidanceResources Online site will provide employees with comprehensive online guidance, information, advice and helpful tools covering thousands of topics. Components of GuidanceResources Online include: Interactive tools and assessments such as financial calculators, budgeting spreadsheets, language translator and personal issue quizzes Customized child care provider/facility lookup and mapping for more than 600,000 resources by location and preference, availability verif ication based on specific criteria Comprehensive elder care facility lookup by location, with ratings and rankings research, and current availability and information on more than 140,000 providers Information regarding colleges and universities, career schools, graduate programs, scholarships and testing information; searchable by detailed criteria Attorney resource lookup and mapping by ZIP code and proximity for more than 6,300 firms and 21,000 practitioners Link to economically create simple, legally binding wills Financial planner lookup and mapping by ZIP code and proximity for more than 26,000 financial professionals Discounts through partners such as Nationwide Pet Insurance, as well as access to a robust, members-only discount portal, Working Advantage. Resource guides that take an in-depth look at a single topic or issue (e.g., ADHD, burnout, career development, diabetes prevention, elder care, financial wellness, pregnancy, identity theft, PTSD, resiliency, student loans, etc.) On-demand training—Users can also access On-demand learning modules through GuidanceResources Online at any time at no additional cost. These 5-10 minute podcasts cover our most frequently requested topics in a user-friendly interactive format that includes quizzes and engaging questions. Examples of on-demand training topics include Stress - A Way of Life or Fact of Life?, Managing Personal Finances, and Time Management Tools & Principles. Online Centers and Communities for issues such as autism, elder care, healthy habit s, bullying, maternity and more. These community hubs include “Resources for Caregivers and Loved Ones”; Videos, HelpSheets and Links to External Resources. For example, the autism hub includes topics such as: “What are Some Common Signs of Autism Spectrum Disorder?” and “Is Autism Spectrum Disorder Inherited.” Training Sessions We commit to maintaining a high level of awareness of the GuidanceResources program for City of Fairhope, which drives utilization and maximizes the employee benefit from our services. To help accomplish this objective, ComPsych has included 2 training hours per contract year in our quoted rates. City of Fairhope can mix and match any combination of the following: Orientation sessions (employee or management) Personal development workshops: wellness seminars, brown bags or lunch and learns Health and enrollment fairs On-site CISM services Award Winning GuidanceResources Online GuidanceResources Online: comprehensive, award-winning online includes: “Ask a GuidanceConsultant” feature allows users to confidentially email issues to clinicians Chat live with staff experts Mobile site enables users to browse content and news articles by topic and find local legal, child care and elder care providers. Click-to-call capability Online centers and communities We encourage City of Fairhope to gain first-hand experience of our robust Internet offering. www.guidanceresources.com Page 212 of 226 Proposal for City of Fairhope GuidanceResources Proposal for City of Fairhope February 2024 5 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. Additional on-site CISM services are available for $265/hour. Additional training is available for $215/hour Program Promotion and Management Account managers oversee all program deliverables, such as communication materials, training and reporting. Proactive program management and outreach efforts include the following: Program Promotion Communication campaigns based around program launch and awareness, ongoing engagement, and topical industry issues and trends. Communication vehicles include eye-catching and informative brochures, wallet cards, posters, topical articles, etc. Pieces created by our in-house design/communications and training departments Orientations and personal development seminars conducted by training experts Expert Account Services Designated account manager accountable for program success City of Fairhope-focused to ensure timely response Single point of contact for all administrative questions HIPAA-compliant documentation and reporting Focused Quality Management Executive involvement through monthly quality committee meetings Follow-up calls conducted within 48 hours Quality standards and measurements—from individual access and direct care delivery to customer service, reporting and overall responsiveness Satisfaction surveys: We send surveys via email (with employee permission) within 30 days Page 213 of 226 Pricing Summary GuidanceResources Proposal for City of Fairhope February 2024 6 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. Pricing for City of Fairhope The following pricing is offered on a per-employee-per-month basis for City of Fairhope’s 400 total active employees. 3-session 5-session 8-session Fully integrated GuidanceResources (EAP, FamilySource, LegalConnect, FinancialConnect and GuidanceResources Online) $2.25 pepm $2.50 pepm $3.00 pepm Additional CISM Services $265 per hour Additional Training Services $215 per hour With a five-year guaranteed contract, ComPsych will offer City of Fairhope a five-year guaranteed rate. The ComPsych proposal is valid for six months. GuidanceResources Services EAP Services Local in-person EAP assessment, referral counseling and brief treatment (up to 8 sessions, depending on the model chosen, per issue per employee/family member per year) Community resource referrals to supplement EAP counseling Network management Individual follow-up and satisfaction surveys Critical incident response services: expert management consultation and prompt on-site services to lessen the impact of traumatic events (telephonic consultation is unlimited; on -site CISM services are available for $265/hour) Management consultation and referrals Drug-free workplace and DOT policy consultation, substance use assessments and case oversight Work-Life Services Family care services (FamilySource): Customized research, tailored educational materials, and prescreened referrals for child care, adoption, elder care, education, pet care and personal convenience services Legal services (LegalConnect): Unlimited phone information on legal issues by ComPsych staff attorneys; free 30-minute assessment and 25 percent discount off fees when in-person representation is necessary Financial services (FinancialConnect): Unlimited phone information on financial issues by ComPsych staff CPAs and CFPs Program Administration Services Toll-free access 24 hours a day, seven days a week to counseling and crisis intervention by master’s -level clinicians GuidanceResources Online: City of Fairhope-specific, online interactive services Unlimited program utilization Program literature—promotional brochures, wallet cards and semiannual posters and fliers Program evaluation, reporting and account management ComPsych included a bank of 2 on-site hours per contract year in our quoted fees. These on-site hours may be composed of any combination of on-site CISM services, orientation sessions (employee or management), Page 214 of 226 Pricing Summary GuidanceResources Proposal for City of Fairhope February 2024 7 Copyright 2024 ComPsych®. All rights reserved. This document is the confidential and proprietary information of ComPsych Corporation. personal development workshops or health fair representation. Additional on-site CISM services are available for $265/hour. Additional training is available for $215/hour. For CISM and training purposes, ComPsych uses local GuidanceExperts and trainers/facilitators whenever possible, so travel is rarely required. When travel is required, it will be billed upon terms which City of Fairhope and ComPsych mutually agreed Page 215 of 226 Basic Information Up to 5 Local in-person EAP assessment, referral counseling and brief treatment per issue per employee/family member per year (5) visits are covered per contract year, per issue, per client. *Employee is seen within 48 hours. Toll-free access 24 hours a day, 7 days a week to counseling and crisis intervention by master’s-level clinicians Unlimited Phone Consultations: The EAP company client and client can contact our professional counselors and office staff with any questions or concerns 24/7 through our phone number as we have counselors on-call 24/7! Family care services (FamilySource): Customized research, tailored educational materials, and prescreened referrals for child care, adoption, elder care, education, pet care and personal convenience services Legal services (LegalConnect): Unlimited phone information on legal issues by ComPsych staff attorneys; free 30-minute assessment and 25 percent discount off fees when in-person representation is necessary Financial services (FinancialConnect): Unlimited phone information on financial issues by ComPsych staff Other Services availale for additional cost: •Grow Groups - $1 PEPM •Lifestyle Coaching - $.75 PEPM •Financial Coaching - $.50 PEPM •College Prep - $.50 PEPM •Wellness Coaching - $.50 PEPM •EAP Related Webinars - $.75 PEPM ComPsych included a bank of 2 on-site hours per contract year in our quoted fees. These on-site hours may be composed of any combination of on-site CISM services, orientation sessions (employee or management), personal development workshops or health fair representation. Additional on- site CISM services are available for $265/hour. Additional training is available for $215/hour. Unlimited Critical Incident response per contract year and unlimited phone calls *Response time within 24 hours 5 trainings per contract year Pricing Other All services except extra CISM and Training are included in the PEPM rates. 5-year rate guarantee Most services included in pepm rate; the EAP rate is added to the Basic Life rate pf $0.182 that is already Employer Paid Rate $2.50 $2.75 $1,125 $1,238 $13,500 $14,850 ComPsychHeadSpace City of Fairhope Employee Assistance Program (EAP) Analysis Phone & Virtual Face to Face Visits 8 covered sessions with a therapist, per issue, per year; In-person EAP clinical sessions for children ages 6-12 24/7 toll-free phone access to master's-level counselors; Unlimited, chat-based in-the-moment coaching and goal-oriented scheduled coaching sessions in English, Spanish, and French 4 hours for critical incident services and/or trainings included; additional hours are fee based; Additional Critical Incident hours $250/hr; Additional Training hours $500/hr Work/Life Resources Other Features ●Evidence-based skill-building content on- demand including meditation and mindfulness, sleepcasts and sleep music, CBTi guided programs, workouts, and focus music ● Access to psychiatry services (for US-based members) ● Telephonic, in-app, or in-person assessments on depression, anxiety, and stress ● Referrals to long-term or specialized care coordinated with medical benefits ● Case management and follow-up ● Speciality care for high-acuity needs such as substance use disorder (SUD) and suicidality ● Specialized adolescent care services for 13-17 year old dependents (for US-based members) ● Unlimited work-life services via resource website and 24/7 phone line ● Integration with health plan for continuity of care after sessions are exhausted EAP Lifestyle Management Rates and estimated costs shown are based on the information provided to insurers. Rates may vary depending upon the actual enrollment.. Rates Estimated Monthly Premium Estimated Annual Premium $54,270 $4,523 $10.05 $1,500 One-time Implementation fee; Important Terms & Conditions: ● Contract Term: 36 months ● Payment Terms: Net 30 days ● PEPM fees are discounted by 10% for a 36 month term ● PEPM fees assume Customer will pay Headspace annual in advance ● PEPM Fees apply to Eligible Employees and includes access for Eligible Employees and up to 5 dependents. Critical Incident Management & Onsite Training This is a summary of benefits. It is not a contract. The carrier's actual contract will override this summary in the event of any discrepancies.Page 216 of 226 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Hannah Noonan Date: 04.01.2024 Department: Human Resources Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1.ComPsych $ $15,000 annually 2.HeadSpace $ $56,000 annually 3.EAP Lifestyle Management $ $17,000 annually Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☒Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1.What item or service do you need to purchase? Employee Assistant Program to maintain compliance with Federal Regulations for various Utility & Public Works Departments 2.What is the total cost of the item or service? $15,000 annually 3.How many do you need? One agreement annually 4.Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5.Vendor Name (Lowest Quote): $15,000 annually 6.Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1.Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2.If budgeted, what is the budgeted amount? Click or tap here to enter text. 3.Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Page 217 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-357 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of the Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS24-019 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2024. AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: City Council to approve the negotiated Proposed Fee Schedule for RFQ PS24-019 Professional Consultant for the Design and Production of Fireworks Display for 4th of July 2024 and authorize the Mayor to execute a contract with a not-to-exceed amount of $40,000.00. BACKGROUND INFORMATION: Per the City’s “Procedure for Procuring Professional Services for Projects Under $100K”, under the section for “Variants to the Procedure”, the Mayor exercised Option 1 and chose Pyro Productions Inc. to perform the professional service. The work to be performed is to design and produce the fireworks display for the 4th of July 2024. Pyro Productions Inc. has submitted a proposal for Forty Thousand Dollars ($40,000.00) for these services. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 218 of 226 Budget 001240- 50490 Community Events $40,000.00 $40,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 219 of 226 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Pyro Productions Inc. for a Professional Consultant for (RFQ PS24-019) Design and Production of Fireworks Display for 4th of July 2024 with a not-to-exceed amount of $40,000.00. DULY ADOPTED THIS 22ND DAY OF APRIL, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 220 of 226 INVOICE 2083 Helms Road Rehobeth, AL 36301 USA Phone: 866-535-7976 https://pyroproductions.com INVOICE NUMBER: INVOICE DATE: DUE DATE: 100972-2 3/18/2024 3/18/2024 Ship from Pyro Productions INC. 3328 Singletary road Suite A Slocomb, AL 36375 Bill to City of Fairhope 161 N. Section Street Fairhope, AL 36532 Ship to City of Fairhope 161 N. Section Street Fairhope, AL 36532 Product ID Description Packing Quantity Price Subtotal - Fireworks Show 1 14,688.00 14,688.00 - Production Services 1 25,312.00 25,312.00 We appreciate your business. Please click the link below to pay by major credit card or eCheck/ACH: https://freedommerchants.com/pyroproductionsmulti.php If you would prefer to pay by check Please mail your payment to: 2083 Helms Road, Rehobeth, AL 36301. *Customer shall be responsible for all applicable sales & use taxes. 40,000.00 0.00 40,000.00 Total: Total paid: Outstanding balance: Page 1 of 1 Page 221 of 226 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford Date: 03/18/2024 Department: Economic Development Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Pyro Productions, Inc. $ $40,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Fireworks Show and Production Services 2. What is the total cost of the item or service? $40,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Pyro Productions Inc 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $40,000.00 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 222 of 226 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-362 FROM: Stephanie Hollinghead, CHIEF OF POLICE DEPARTMENT SUBJECT: Appointment to Parking Authority Committee AGENDA DATE: April 22, 2024 RECOMMENDED ACTION: Council to appoint Kelly Gribler to the Parking Authority Committee. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 223 of 226 PARKING AUTHORITY NOMINEE 4 -Year Term APPOINTMENTS . Kelly Gribler REAPPOINTMENTS . The term shall end April 2028. Page 224 of 226 Page 225 of 226 Page 226 of 226