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HomeMy WebLinkAbout08-12-2024 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, August 12, 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 22 July 2024 Regular City Council Meeting and minutes of 22 July 2024 Work Session 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, David Martin, on behalf of the Owner, Kathryn Mull, to rezone property from R-2, Medium Density Single-Family Residential District to B-3b, Tourist Resort Commercial Service District. The property is approximately 0.42 acres and is located at 53 N. Church Street. PPIN #: 15034. 6. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Sawgrass Consulting, on behalf of the Owner, Rockwell LLC, to rezone property from R-1, Low Density Single-Family Residential District to B-2, General Business District, to be known as Rockwell Place. The property is approximately 15 acres and is located east of Highway 181, 1/3 mile north of the Intersection of Highway 104 and Highway 181. PPINS #: 625447, 625448, 625449. 7. Final Adoption – Ordinance to amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance; specifically the Medical Overlay District. 8. Ordinance – An Ordinance granting a Non-Exclusive Franchise to Southern Light, LLC, for the purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms and conditions pursuant to Franchise stated in Ordinance. 9. Ordinance – An Ordinance granting a Non-Exclusive Franchise to Uniti Fiber GulfCo LLC, for the purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms and conditions pursuant to Franchise stated in Ordinance. 10. Ordinance - An Ordinance to amend Ordinance No. 1513; and to repeal Ordinance No. 1730: Article III. Board of Advisors; Section 1 of the Fairhope Recreation Board's By-Laws; changing the Planning Jurisdiction to Police Jurisdiction. Page 1 of 263 City Council Regular Meeting August 12, 2024 Page - 2 - 11. Resolution - That the City Council authorizes Mayor Sherry Sullivan to execute the Agreement for the Cooperative Maintenance of Public Right of Way with Corte, Cave/Mitchell 1, LLC. 12. Resolution - That the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC. 13. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-033) for the Review of Traffic Movements and Intersection Geometry at the Intersection of Fairhope Avenue and Ingleside Street to Neel-Schaffer, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 14. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-025) for a Feasibility Study for a new 116-Acre Park to Gonzalez-Strength & Associates, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 15. Resolution - To award (Bid No. 24-053-2024-PWI-010) to J. Payne Organization, LLC for John Martin Nature Center with a bid proposal not-to-exceed $852,500.00. 16. Resolution - To award (Bid No. 24-056) to Chris Francis Tree Care, LLC. for Citywide Tree Maintenance Annual Contract - Public Works Department for an annual contract not-to-exceed $96,000.00, total contract amount not-to-exceed $288,000.00 for three (3) years. 17. Resolution - That the City Council hereby authorizes Mayor Sherry Sullivan to execute the ADEM Resolution for “Designating Official Representative” and to execute all documents related to the Clean Water State Revolving Fund Project on behalf of the City. 18. Resolution - That the City Council authorizes Mayor Sherry Sullivan to execute a contract for (RFQ PS24-031) with Dewberry Engineering, Inc. to perform On-Call Professional Engineering Services for the Water/Wastewater Department projects for three (3) years, with a not-to-exceed contract amount of $95,000.00 yearly, total contract amount not-to-exceed $285,000.00 for three (3) years. 19. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Storm Repair at 702 Cedar Avenue, Fairhope, Alabama to Blade Construction for a not-to-exceed project cost of $65,557.00. Page 2 of 263 City Council Regular Meeting August 12, 2024 Page - 3 - 20. Resolution - To award (Bid No. 24-061) to Consolidated Pipe & Supply Company, Inc. for 950 Feet 6" Steel Pipe for Gas Department with a bid proposal not-to- exceed $21,166.00. 21. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-035) for 4' Gas Main Replacements at Four (4) Creek Locations to Volkert, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 22. Resolution - That Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Southern Light, LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. 23. Resolution - That Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Uniti Fiber GulfCo LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. 24. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-032) Annual On-Call Consulting Services Annual Contract for Fire Protection Requirements to Gulf State Engineering; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 25. Resolution - That the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. 26. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Architect Services (RFQ PS24-036) for Additions and Alterations to the Fairhope Stadium Press Box to Paul Carpenter Davis Architecture, P.C.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 27. Resolution - That the City Council hereby establishes there will be no additional parades, races, runs or rides, except for the ones already established and on the books for the City of Fairhope. No request may be made for any additional parades, races, runs or rides to the Mayor and/or the City Council; and that the City Council hereby authorizes and approves the proposed parade permit fee of $5,000.00 per parade beginning October 1, 2025. Page 3 of 263 City Council Regular Meeting August 12, 2024 Page - 4 - 28. Request - Erin Langley, Eastern Shore Repertory Theatre requests approval to use Henry George Park from April 23rd – May 5th 2025, for the "12th Annual Theater on the Bluff" to present "Grease" for three public performances on the bluff on May 1st - 3rd. In addition, they request usage of the City's barricades and to have City employees assist in the setup and removal of the barricades; and permission to have vehicles in the park for the setup of staging, lighting, etc. and for food trucks to be available during performances. 29. Public Participation – (3 minutes maximum) 30. Adjourn Next City Council Regular Meeting - Monday, August 26, 2024, 6:00 p.m. - City Council Chambers Page 4 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-138 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of 22 July 2024 Regular City Council Meeting and minutes of 22 July 2024 Work Session AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Approve minutes of 22 July 2024 Regular City Council Meeting and minutes of 22 July 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 5 of 263 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, 22 July 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 at 5:24 p.m. The invocation was given by Paster Marshal Frye of Celebration Church and the Pledge of Allegiance was recited. Councilmember Burrell moved to amend the Agenda by moving Agenda Item No. 27: Executive Session before Agenda Item No. 1: Minutes. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Alabama Code § 36- 25A-7(a)(3) to discuss the legal ramifications of and legal options for pending litigation, controversies not yet being litigated but imminently likely to be litigated or imminently likely to be litigated if the governmental body pursues a proposed course of action. The approximate time to be in Executive Session is 45 minutes. Councilmember Burrell moved to go into Executive Session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Exited the dais at 5:25 p.m. Returned at 6:00 p.m. Councilmember Conyers moved to approve minutes of the 8 July 2024, regular meeting; and minutes of the 8 July 2024, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council and mentioned the Police Department’s Back to School Bash at the Fairhope United Methodist Church; Pedestrian Tunnel Project; thanked Public Works and Jamie Rollins for their work at the Flying Creek Nature Preserve; and gave a shout out to the Recreation Department getting the pool pump back online. Page 6 of 263 22 July 2024 Councilmember Robinson announced a group of 18 year old Fairhope Softball Ladies won the All American Youth Sports World Series in their own right. He then announced the 11 year old All Star Team: as Team Fairhope won the Alabama State Championship; as Team Alabama won the Regional Championship; and as Team West is heading to the Cal Ripken World Series which is a 10 day event. Councilmember Robinson commented that the Team and families are fund raising to go to the World Series; and mentioned a Raffle and a Mixed Pickleball Tournament. A Public Hearing was held as advertised on a proposed ordinance to amend Ordinance No. 1253. Councilmember Burrell introduced in writing an ordinance to amend Article V. Section H.3.G. to establish the MO-Medical Overlay District. The Planning Commission gave a favorable recommendation of this ordinance. Council President Martin read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance. Council President Martin opened the Public Hearing at 6:11 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:12 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the August 12, 2024 City Council meeting. Councilmember Burrell moved for final adoption of Ordinance No. 1804, an ordinance to amend Ordinance No. 1599, Code of Ordinances to alter the Schedule of Fees for Construction and Building Permits. (Introduced at the July 8, 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. Council President Martin stated Agenda Item No. 7 was removed during the Work Session at the request of Planning Director Hunter Simmons. Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the public improvements indicated herein for Battles Trace Subdivision Phase 8 are hereby accepted for public maintenance subject to the Bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and The Teachers' Retirement System of Alabama. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 7 of 263 22 July 2024 RESOLUTION NO. 5121-24 WHEREAS, the Owners of Battles Trace Subdivision Phase 8 desire to have all Fairhope public utilities dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2955-A, accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Water and Sewer Superintendent has indicated that the improvements meet City requirements, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Battles Trace Subdivision Phase 8 are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and The Teachers’ Retirement System of Alabama (the “Principal”). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of- way of public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted this 22nd day of July, 2024 _______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 263 22 July 2024 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 amendment for (Bid No. 23-030) Consulting Services for FEMA Public Assistance Management Services - Government Services with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5122-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute a contract amendment for (Bid No. 023-30) Consulting Services for FEMA Public Assistance Management Services – Government Services with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. ADOPTED ON THIS 22ND DAY OF JULY 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 Mayor Sherry Sullivan is hereby authorized to execute a contract amendment for (Bid No. 23-031) Consulting Services for FEMA Public Assistance Management Services - Utility's Damage Projects with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 9 of 263 22 July 2024 RESOLUTION NO. 5123-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute a contract amendment for (Bid No. 023-31) Consulting Services for FEMA Public Assistance Management Services – Utility’s Damage Projects with Royal Engineers & Consultants, LLC to comply with FEMA contract regulations, including a not-to-exceed annual contract amount of $500,000.00. ADOPTED ON THIS 22ND DAY OF JULY 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 Council approves the selection by the Evaluation Team for Professional Architectural Services for (RFQ PS24-024) for the City of Fairhope 1st Responder Hurricane Safe Room Project to Adams Stewart Architects; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to- exceed fee to be approved by Council. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5124-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by the Evaluation Team for Professional Architectural Services for (RFQ PS24-024) for the City of Fairhope 1st Responder Hurricane Safe Room Project to Adams Stewart Architects; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by City Council. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 263 22 July 2024 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not-to-exceed $9,988,379.46. The contract has been approved by the U. S. Department of Treasury, ADCNR, and City Attorney pursuant to Resolution No. 5045-24. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5125-24 WHEREAS, on April 8, 2024, Resolution No. 5037-24 was adopted by the City Council to authorize the additional $3,589,095.35 for the 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; and WHEREAS, on April 22, 2024, Resolution No. 5045-24 was adopted by the City Council to show its intent 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; and WHEREAS, the City of Fairhope has received approval from the U.S. Department of Treasury, ADCNR, and the City Attorney. THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City of Fairhope awards Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction, Inc. with a bid proposal not-to- exceed $9,988,379.46. The contract has been approved by the U. S. Department of Treasury, ADCNR, and City Attorney pursuant to Resolution No. 5045-24. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _________________________________ Corey Martin, Council President Attest: ___________________________________ Lisa A. Hanks, MMC City Clerk Page 11 of 263 22 July 2024 Councilmember Boone 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 amendment with Thompson Engineering, Inc. for (RFQ PS001- 22) Request for Qualifications Professional Landscape Architectural Services - Planning, Design, and Construction Related Services (for the Flying Creek Nature Preserve Project, formerly known as the Triangle Property) to add Construction Materials Testing and Inspection for an additional not-to-exceed cost of $14,820.23. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Councilmember Burrell questioned concrete and testing. RESOLUTION NO. 5126-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Thompson Engineering, Inc. for (RFQ PS001-22) Request for Qualifications Professional Landscape Architectural Services – Planning, Design, and Construction Related Services (for the Flying Creek Nature Preserve Project, formerly known as the Triangle Property) to add Construction Materials Testing and Inspection for an additional not-to-exceed cost of $14,820.23. ADOPTED ON THIS 22ND DAY OF JULY 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 Mayor Sherry Sullivan is hereby authorized to execute a contract with Christian Preus Landscape Architecture for Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner with a not-to-exceed amount of $12,500.00; and authorizes the transfer of FY24 budget of $12,500.00 in 001360-51410 to Professional Services 001360-50290. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 12 of 263 22 July 2024 RESOLUTION NO. 5127-24 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 Christian Preus Landscape Architecture for Professional Landscape Architectural Services for (RFQ PS24-030) for the Preliminary Vision and Budget for Bancroft Corner with a not-to-exceed amount of $12,500.00; and authorizes the transfer of FY24 budget of $12,500.00 in 001360- 51410 to Professional Services 001360-50290. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 __________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-024-2021-PWI-019) North Ingleside Drainage Repair/Improvement Project with a cost of $8,825.00 and to award Change Order No. 1 to Blade Construction, LLC. The new contract total will be $331,847.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5128-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-024-2021-PWI-019) for North Ingleside Drainage Repair/Improvement Project with a cost of $8,825.00 and to award Change Order No. 1 to Blade Construction, LLC. The new contract total will be $331,847.00. ADOPTED ON THIS 22ND DAY OF JULY 2024 __________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 13 of 263 22 July 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for On-Call Professional Engineering Services (RFQ PS24- 031) for the Water/Wastewater Department Annual Contract to Dewberry Engineering, Inc.; and allows Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5129-24 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 On- Call Professional Engineering Services (RFQ PS24-031) for the Water/Wastewater Department Annual Contract to Dewberry Engineering, Inc.; and allows Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 22ND DAY OF JULY, 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 that the City of Fairhope approves the procurement of a Gorman Rupp T8A71S-B Self-Priming Pump for the Wastewater Treatment Plant from Jim House & Associates as sole source distributor. The cost is $29,765.00 plus freight. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 14 of 263 22 July 2024 RESOLUTION NO. 5130-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a Gorman Rupp T8A71S-B Self-Priming Pump for the Wastewater Treatment Plant from Jim House & Associates as sole source distributor. The cost is $29,765.00 plus freight. ADOPTED ON THIS 22ND DAY OF JULY, 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 the procurement of Scraper Blades, Parts and Installation Service for the Schreiber South Clarifier at the Wastewater Treatment Plant from Parkson as sole source and manufacturer. The cost will not-to-exceed $35,123.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5131-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Scraper Blades, Parts and Installation Service for the Schreiber South Clarifier at the Wastewater Treatment Plant from Parkson as sole source and manufacturer. The cost will not-to-exceed $35,123.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 263 22 July 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 Flygt Model SR4660 Anoxic Zone Submersible Mixer and a Flygt Model SR4640 Anaerobic Zone Mixer for the Wastewater Treatment Plant from Jim House & Associates as sole source. The cost is $56,889.00 plus freight. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5132-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Flygt Model SR4660 Anoxic Zone Submersible Mixer and a Flygt Model SR4640 Anaerobic Zone Mixer for the Wastewater Treatment Plant from Jim House & Associates as sole source. The cost is $56,889.00 plus freight. ADOPTED ON THIS 22ND DAY OF JULY, 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 approves the procurement of Six (6) Pad Mounted Transformers from Gresco for RESTORE funded Sewer Upgrades for a not-to-exceed cost of $100,500.00. The transformers are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). The cost will be included in the 2025 Budget. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5133-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Six (6) Pad Mounted Transformers from Gresco for RESTORE funded Sewer Upgrades for a not-to-exceed cost of $100,500.00. The transformers are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). The cost will be included in the 2025 Budget. ADOPTED ON THIS 22ND DAY OF JULY, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 16 of 263 22 July 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 24-050) to Surview Field Services, Inc. for Natural Gas Distribution System Leak Detection Survey for a not- to-exceed annual contract of $85,000.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5134-24 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. 24-050) for Natural Gas Distribution System Leak Detection Survey for the Gas Department 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 Natural Gas Distribution System Leak Detection Survey [3] After evaluating the bids with required specifications, Surview Field Services, Inc. is now awarded (Bid No. 24-050) for Natural Gas Distribution System Leak Detection Survey for the Gas Department for a not-to-exceed annual contract of $85,000.00. DULY ADOPTED THIS 22ND DAY OF JULY, 2024 _________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 263 22 July 2024 Page 18 of 263 22 July 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 installation of the National Fitness Campaign Fitness Court® System by Nationwide Fixture Installations as a sole source installer. The installation cost is not-to-exceed $25,000.00 at the Mike Ford Tennis Center. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 19 of 263 22 July 2024 RESOLUTION NO. 5135-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of installation of the National Fitness Campaign Fitness Court® System by Nationwide Fixture Installations as a sole source installer. The installation cost is not-to-exceed $25,000.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 __________________________________ Corey Martin, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell moved to table Agenda Item No. 23 and move to the August 12, 2024 City Council Agenda. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of LED Christmas Lights that are on the Omnia Partners Cooperative Contract (Contract #202329-011) with Imperial Dade (in network with Network Distribution); and therefore, does not have to be let out to bid. The total purchase amount of $114,600.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5136-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of LED Christmas Lights that are on the Omnia Partners Cooperative Contract (Contract #202329-011) with Imperial Dade (in network with Network Distribution); and therefore, does not have to be let out to bid. The total purchase amount of $114,600.00. ADOPTED ON THIS 22ND DAY OF JULY, 2024 __________________________________ Corey Martin, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 20 of 263 22 July 2024 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the three year lease of the iX-7 Series Mail Machine on the Alabama Statewide Contract (Contract #MA230000003751) with Quadient, Inc., that therefore, does not have to be let out for bid; and to authorize Mayor Sherry Sullivan to sign the lease agreement. The total amount is $22,088.88 for three (3) years. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5137-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the three year lease of the iX-7 Series Mail Machine on the Alabama Statewide Contract (Contract #MA230000003751) with Quadient, Inc., that therefore, does not have to be let out for bid; and to authorize Mayor Sherry Sullivan to sign the lease agreement. The total amount is $22,088.88 for three (3) years. Adopted on this 22nd day of July, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk The following individuals spoke during Public Participation for Non-Agenda Items: 1) Chris Blackwood, Gayfer Avenue, addressed the City Council on behalf of Jennifer Blackwood regarding her statement of claim submitted to the City Clerk’s office; and lack of protection for women’s rights. 2) Grace Blackwood, 58 Brown Street, addressed the City Council on behalf of Jennifer Blackwood regarding her statement of claim and domestic violence. 3) Sheree Montello, Atlanta Georgia, addressed the City Council on behalf of Jennifer Blackwood regarding her statement of claim. Ms. Montello said they were childhood friends of 36 years; and also spoke on domestic abuse. Page 21 of 263 22 July 2024 4) Carrie Devolder-Edwards, 19860 Gunnison Road, addressed the City Council and said she was a Counselor for domestic violence (women and children). She also spoke on behalf of Jennifer Blackwood and domestic abuse. 5) Cornelius Woods, 210 Silo Loop, addressed the City Council regarding his neighbor and birdfeeders. He commented birds carry diseases and are a nuisance. Mayor Sullivan said she spoke with Mr. Woods regarding this issue and researched it and could not find an ordinance for birdfeeders. Councilmember Robinson explained the law regarding this issue. Councilmember Burrell said this is a civil dispute matter. Council President Martin said we would look into this. 6) Kenneth Hall, Couty Road 11, addressed the City Council and read Ephesians 6:12. He commented about visions the Lord gave him; and said when you are silent you are agreeing with issues. 7) Allison Clark, 9580 Cortez Avenue, addressed the City Council and apologized for the last meeting. Ms. Clark said she tried to reach out to the pastors that spoke; and they would not talk to her. She mentioned a family member in Maryland who was sexually assaulted. She stated that the New Orleans Archdiocese is being investigated for sex trafficking. Ms. Clark mentioned Senate Bill 19 introduced by Senator Coleman that deals with sexual offenses and would expand the statute of limitations for certain sex offenses. Councilmember Burrell moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:09 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 22 of 263 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, 22 July 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jimmy Conyers, Jay Robinson, and Kevin Boone (arrived at 4:36 p.m.), 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 Committee Updates. Councilmember Burrell gave an update on the Airport Authority and the west side’s FBO and hangars. He mentioned the transfer of land on west side back to the City of Fairhope; and make it a Light Industrial Park. Councilmember Burrell gave a brief update on the Recreation Board; and mentioned the Harbor Board meeting. • Councilmember Conyers announced the next Library Board meeting is scheduled for August 19, 2024. He mentioned the APLC policy will be effective on July 18, 2024; and policies must be submitted by September 1, 2024. • Council President Martin gave an update on the Fairhope Environmental Advisory Board met and want to have sustainable waste project for kids. • The next item on the Agenda was Department Head Updates. Planning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 5, No. 7, and No. 8; and answered any questions if needed. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 25; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council and gave an update on the Flying Creek Nature Preserve, Southland Place ADA Compliance; Pine Street On-Way; and the Roundabout at the Flower Clock. He addressed Agenda Items No. 11, No. 12, No. 13, No. 14, and No. 15; and answered any questions if needed. • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No. 9 and No. 10; and answered any questions if needed. • Public Works Director addressed the City Council regarding Agenda Item No. 22; and answered any questions if needed. • Community Affairs Director Paige Crawford addressed the City Council regarding Agenda Item No. 24; and answered any questions if needed. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 16, No. 17, No. 18, and No. 19; and answered any questions if needed. Page 23 of 263 Monday, 22 July 2024 Page -2- • Gas Superintendent Wes Boyett addressed the City Council regarding Agenda Item No. 21; and answered any questions if needed. • Electric Superintendent Ben Patterson addressed the City Council regarding Agenda Item No. 20; and answered any questions if needed. • Councilmember Jack Burrell addressed the City Council regarding Agenda Item No. 23; and answered any questions if needed. City Attorney Marcus McDowell explained that the guarantor and an indemnity clause would be on the agreement. Councilmember Burrell said they have 14 days to install and not attached to our piling. The consensus of the City Council was to move this resolution to the August 12, 2024 City Council Agenda after amendments for the Addendum have been finalized. There being no further business to come before the City Council, the meeting was duly adjourned at 5:24 p.m. _________________________________ Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-542 FROM: Hunter Simmons SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, David Martin, on behalf of the Owner, Kathryn Mull, to rezone property from R-2, Medium Density Single- Family Residential District to B-3b, Tourist Resort Commercial Service District. The property is approximately 0.42 acres and is located at 53 N. Church Street. PPIN #: 15034 AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Is there any other conditions for this Case the Council would like to include? If so, we will need to make changes and re-advertise. 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 Page 25 of 263 emailed): Page 26 of 263 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Kathryn Mull (containing 0.42 acres, more or less, and zoned R-2) and located at 53 N. Church Street, Fairhope, AL. PPIN # 15034 Legal Description: (Case number ZC 24.04) BEGINNING AT THE NORTHEAST CORNER OF BLOCK 5, DIVISION 1, OF THE LAND OF LESSOR, IN THE CITY OF FAIRHOPE, ALABAMA, AS PER PLAT THEREOF FILED FOR RECORD ON SEPTEMBER 13, 1911, IN MISCELLANEOUD BOOK 1, PAGES 320-321 OF THE PROBATE RECORDS OF THE JUDGE OF PROBATE, BALDWIN COUNTY, ALABAMA, RUN NORTH 109 FEET ALONG THE EAST LINE OF LAND DEEDED TO LESSOR BY EDITH W. BELL, AND G. R. BELL, THENCE WEST 168 ½ FEET TO A POINT, THENCE SOUTH 109 FEET TO THE SOUTHWEST CORNER OF LAND DEEDED TO LESSOR BY FRANCES G. CRAWFORD, AND OTHER HEIRS OF ERNEST B. GASTON, THECE RUN EAST 168 ½ FEET TO THE POINT OF BEGINNING, AND THE SOUTHEAST CORNER OF LAND DESCRIBED IN THE BELL DEED, SAID LEASED LAND BEING LOCATED ON THE WEST SIDE OF CHURCH STREET AS ESTABLISHED BY A RIGHT-OF-WAY DEED TO THE CITY OF FAIRHOPE, IN FRACT’L SECTION 18, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be rezoned is attached as Exhibit A. The property is hereby rezoned B-3b, Tourist Resort Commercial District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Notwithstanding the above statement of permitted uses, the following uses shall not be permitted on the subject property: Multifamily/Apartment, General Office, Professional Office, Grocery, convenience store, General Merchandise, Outdoor Recreation Facility, Indoor Recreation, Personal Storage, Recreational Vehicle Park, Restaurant, Bar, Entertainment Venue, or Marina. Current use is a single-family residential structure. Any change in use shall meet all applicable laws and regulations at the time of application. Page 27 of 263 Ordinance No. _____ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF AUGUST, 2024 _________________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF AUGUST, 2024 _________________________________ Sherry Sullivan, Mayor Page 28 of 263 N CHURCH STSAXE LN MAGNOLIA AVE Legend B-2 General Business District B-3b Tourist Resort Commercial Service District P-1 Parking District R-2 Medium Density Single-Family Residential District R-4 Low Density Multi-Family Residential District Road Corporate Limits Exhibit A Kathryn Mull Rezone to B-3b Tourist Resort Commercial Service District Parcel Number: 05-46-03-37-0-006-027.501 PPIN: 15034 Parcel Number: 05-46-03-37-0-006-027.501 Page 29 of 263 Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 24.04 Page 30 of 263 Page 31 of 263 1                                                         ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024    Summary of Request:    Owner/applicant, Kathryn Mull, requests the subject property be rezoned from R‐2, Medium Density Single  Family Residential District to B‐3(b), Tourist Resort Commercial District. David Martin is an authorized agent  for the case. The property is located at 53 N. Church Street. Subject Property is not within the Central Business  District (“CBD”). Applicant desires to keep the single‐family home and build a garage with an accessory  dwelling unit to be utilized as a short‐term rental, which is allowed in B‐3b, but not in R‐2. See Ordinance No.  1336.    Article III, Section A(13):          Figure 1: Map of subject and adjacent properties.       Figure 2: 53 N. Church Street on www.zillow.com. Last visited on June 13, 2024.    Page 32 of 263 2                                                         ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024    Comments:    The subject property currently has six (6) bedrooms and five (5) bathrooms as a single‐family home.  The  subject property is a lone parcel sandwiched between R‐4 Low Density Multi‐Family and B‐3b zoning, both of  which allow short term rentals. It backs up to R‐2 zoning. Applicant desires B‐3b zoning so that they may  build a garage with an accessory dwelling unit to rent as a short‐term rental.  Subject property is across the  street from the CBD, which also allows for short term rentals.      As with any request for a zoning map amendment, we must consider the initial desire, as well as how the  property may be utilized in the future.  Staff feels a single‐family home, with a unit above the garage used as  a short‐term rental, is appropriate for the neighborhood.  However, conversion of the house into a six‐unit  rental, for example, would be a change in use and require appropriate reviews.      A Re‐Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the  Criteria in Art. II, Section B(1)(e).    (1) Compliance with the Comprehensive Plan;  Response: The 2015 Comprehensive Plan states that downtown Fairhope is the ultimate Village Center.  The subject property is adjacent to the central business district.  Adjacent properties are zoned R‐4 and  B‐3b.   Being adjacent to downtown, and considering the adjacent uses, Staff feels this request meets  the form, function, and design standards because it is a source for both tourists and locals.     (2) Compliance with the standards, goals, and intent of this ordinance;  Response: Meets. Some allowable uses are not ideal for this location and use changes will be vetted  accordingly. For example, office space or outdoor recreation would not be ideal for this location although  they are both allowed uses within B‐3b.     (3) The character of the surrounding property, including any pending development activity;  Response: Meets. The only development activity currently considered is an additional detached garage  with a second‐story rental unit.  Required buffers and twenty (20) foot setbacks provide protection from  adjacent residential property.  Future changes in use should be carefully reviewed for impacts to the  character of the surrounding property.    (4) Adequacy of public infrastructure to support the proposed development;  Response: Meets. Already an existing structure with utilities. If Applicant plans to add more units, or  separate the existing single‐family resident into multiple units, then that may require additional  demands on infrastructure.     (5) Impacts on natural resources, including existing conditions and ongoing post‐development  conditions;  Response: Meets. This zoning change will not negatively impact natural resources or current/future  conditions. The Zoning Ordinance and Tree Ordinance already provide protections to adjacent residential  property by way of setbacks and landscape buffers.    Page 33 of 263 3                                                         ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024      (5) Compliance with other laws and regulations of the City;  Response: Meets. Any future development is subject to all applicable laws of the   City.    (6) Compliance with other applicable laws and regulations of other jurisdictions;  Response: Meets. Any future development is subject to all applicable laws.    (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts,  and property values; and  Response: By restricting some of the more intense uses staff does not anticipate any significant issues  relating to this criterion currently.  Subject property is the lone R‐2 on either side of this block of Church  Street; whereas, the rest of the properties are zoned R‐4, B‐3b or B‐2.     (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential  physical impacts, and property values.  Response: With the existing regulations, as well as restricting some of the more intense uses, staff does  not anticipate any significant issues relating to this criterion currently.  However, changes in use should  be considered carefully.  For example, Church St does not have on‐street parking.  Additional units would  need to accommodate parking on‐site if the use were approved.      Uses allowed in B‐3b from Table 3‐1 of the Zoning Ordinance are summarized below.    Dwelling   Single‐Family (‘By‐right’)  Two‐family (‘By‐right’)  Multifamily/Apartment (‘Permitted on Appeal and subject to special conditions’)  Mixed‐Use (‘By‐right’)  Accessory Dwelling (‘Permitted subject to special conditions listed in the ordinance’)    Civic  Elementary School (‘By‐right’)  Secondary School (‘By‐right’)  Library (‘By‐right’)  Public Utility (‘By‐right’)    Office  General (‘By‐right’)  Professional (‘By‐right’)  Home Occupation (‘Permitted subject to special conditions listed in the ordinance’)      Page 34 of 263 4                                                         ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024    Retail  Grocery (‘By‐right’)  Convenience Store (‘Permitted subject to special conditions listed in the ordinance’)  General Merchandise (‘By‐right’)    Service  Outdoor Recreation Facility (‘By‐right’)  Indoor Recreation (‘Permitted on Appeal and subject to special conditions’)  Personal Storage (‘Permitted subject to special conditions listed in the ordinance’)  Bed & Breakfast (‘Permitted on Appeal and subject to special conditions’)  Hotel/Motel (‘Permitted on Appeal and subject to special conditions’)  Recreational Vehicle Park (‘Permitted subject to special conditions listed in the ordinance’)  Restaurant (‘By‐right’)  Bar (‘By‐right’)  Entertainment Venue (‘By‐right’)  Marina (‘By‐right’)    Manufacturing  None    Recommendation:    Staff recommends approval of ZC 24.04, rezoning 53 N. Church Street from R‐2 to B‐3b with the following  conditions:    1.) Regardless of the allowed uses in Table 3‐1 of the Fairhope Zoning Ordinance, the following uses  shall be prohibited on the subject property:  a. Multifamily/Apartment  b. General Office  c. Professional Office  d. Grocery  e. Convenience Store  f. General Merchandise  g. Outdoor Recreation Facility  h. Indoor Recreation  i. Personal Storage  j. Recreational Vehicle Park  k. Restaurant  l. Bar  m. Entertainment Venue  n. Marina    Page 35 of 263 5  ZC 24.04 Rezoning 53 N. Church Street from R‐2 to B‐3(b) July 1, 2024  2.) Current use is a single‐family residential structure.  Any change in use shall meet all applicable laws  and regulations at the time of application.     3.) Add No Parking Signs - recommended by Planning Commission Page 36 of 263 Page 37 of 263 From:storeyville36608@aol.com To:turkstat@aol.com; planning Subject:Rezoning of 53 N. Church Date:Monday, June 24, 2024 6:07:58 PM Skipper Walters and I purchased our town home in September 2023. We love the quiet "residential " street. We love the city!! Construction has been ongoing at 53 N. Church. We want it to stay zoned as R- 2. Not interested in a bed n breakfast or anything other than single family residential. Thank you for your consideration in this matter. God bless, Storey Walters Page 38 of 263 Page 39 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-543 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Sawgrass Consulting, on behalf of the Owner, Rockwell LLC, to rezone property from R-1, Low Density Single-Family Residential District to B-2, General Business District, to be known as Rockwell Place. The property is approximately 15 acres and is located east of Highway 181, 1/3 mile north of the Intersection of Highway 104 and Highway 181. PPINS #: 625447, 625448, 625449 AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Council Approval 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 40 of 263 ORDINANCE NO. _____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation, The property of Rockwell Place (containing 15 acres, more or less, and zoned R-1) and located east of Highway 181, 1/3 mile north of Intersection of Highway 104 and Highway 181, Fairhope, AL. PPIN # 625447, 625448, 625449 Legal Description: (Case number ZC 24.05) BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; THENCE RUN S00º26’25”W, 1,326.34 FEET TO A POINT; THENCE RUN N89º53’51”W, 1,190.25 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ALABAMA STATE HIGHWAY NUMBER 181; THENCE RUN N00º17’32”E, ALONG SIDE 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 HAVING A RADIUS OF 7,939.44 FEET, A DELTA ANGLE OF 02º29’34”, A CHORD OF WHICH BEARS N01º36’17”E FOR 345.38 FEET AN ARC LENGTH OF 345.40 FEET TO A POINT; THENCE RUN N02º55’02”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 01º16’39”, A CHORD OF WHICH BEARS N02º16’44”E FOR 172.55 FEET AN ARC LENGTH OF 172.55 FEET TO A POINT; THENCE RUN N07º13’33”E, ALONG SAID EAST RIGHT-OF-WAY LINE, 91.65 FEET TO A POINT; THENCE RUN S89º49’53”E, LEAVING SAID EAST RIGHT-OF-WAY LINE, 1,154.75 FEET TO THE POINT OF BEGINNING, CONTAINING 36.02 ACRES MORE OR LESS AND LYING IN SECTION 2, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be rezoned is attached as Exhibit A. The property is hereby rezoned B-2, General Business District. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Page 41 of 263 Ordinance No. ____ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF AUGUST, 2024 _________________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF AUGUST, 2024 _________________________________ Sherry Sullivan, Mayor Page 42 of 263 BIG C A N O E RU N BIG CAN O E R U N SAND BAR LN BI GCANOE RUNSTATE HWY 181SANC T U A R Y C V SHALLOW SPRINGSC V FALLING WATER BLVD GREA T L A K ES LOOP STATE HWY 181Legend B-2 General Business District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District Road Corporate Limits Exhibit A Rockwell, LLC B-2, General Business District Parcel Number: 05-46-01-02-0-000-001.910, 05-46-01-02-0-000-001.911, 05-46-01-02-0-000-001.912 PPIN: 625447, 625448, 625449 Parcel Number: 05-46-01-02-0-000-001.910, 05-46-01-02-0-000-001.911, 05-46-01-02-0-000-001.912 Page 43 of 263 Planning Commission unanimously (6 Ayes, 0 Nays) voted to recommend approval of ZC 24.05 Page 44 of 263 Page 45 of 263 Page 46 of 263 1 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 Summary of Request: Applicant, Sawgrass Consulting, on behalf of Owner, Rockwell, LLC, requests the subject property be rezoned from R-1, Low Single Family Residential District to B-2, General Business District. The property is located at the East side of AL Hwy 181 and 1/3 mile north of the AL Hwys 181 and 104 intersection. Subject property is otherwise known as Lot 1 and common areas of Rockwell Place that was recently annexed into the City on May 13, 2024 (Ordinance No. 1798). Previous subdivision case SD 23.31 was the final plat approval of Rockwell replace that created the lots. Case SD 22.02 was a preliminary MOP approval for the now lot 2 and all the properties were in the County. Lot 2 will remain in the County. Article III, Section A(11): Figure 1: Map of subject and adjacent properties. Page 47 of 263 2 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 Comments: The subject property is 11.79 acres. The subject property, proposed to be zoned as B-2, will most likely be subdivided again creating commercial lots. At that time the infrastructure will be studied more and a condition of this approval is that when the subject property is further subdivided then each subdivided site will have a mandatory Site Plan Review. This property is located between the Encounter Commercial Subdivision to the direct South and the Harvest Green East PUD to the North. Directly East are the Rockwell Place Apartments. The aforementioned developments plus the Publix at Planter’s Pointe across AL Hwy 181 required significant road infrastructure that is still in play (Rockwell Blvd off of Hwy 181). Figure 2: Snippet of Rockwell Place Final Plat Slide 2942-B. A Re-Zoning Request is considered a Zoning Map Amendment and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e). (1) Compliance with the Comprehensive Plan; Response: The 2015 Comprehensive Plan noted the AL Hwys 104 and 181 as a potential node for development and it has proven to be the case with several residential and commercial projects taking place within the last two (2) years. (2) Compliance with the standards, goals, and intent of this ordinance; Response: Meets. (3) The character of the surrounding property, including any pending development activity; Response: Meets. There are a handful of residential and commercial developments around the highways intersection and branching from the intersection that will be symbiotic to each other. (4) Adequacy of public infrastructure to support the proposed development; Response: There is existing infrastructure in the immediate surroundings. Infrastructure will be studied more if/when Lot 1 further subdivides or applies for any building permit. Page 48 of 263 3 ZC 24.05 Rezoning Lot 1 of Rockwell Place from R-1 to B-2 July 1, 2024 (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. This zoning change will not negatively impact natural resources or current/future conditions. (5) Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City. (6) Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff does request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection. (8) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff does not anticipate any significant issues relating to this criterion currently. Staff does request an update from the Applicant and ALDOT regarding the Rockwell Blvd and Hwy 181 connection. Recommendation: Staff recommends approval of ZC 24.05: rezoning Lot 1 of Rockwell Place from R-1 to B-2 with the following conditions: 1. Each site created in Lot 1 shall have a mandatory Site Plan Review. 2. An update from ALDOT or completion thereof the Rockwell Blvd and Hwy 181 connection prior to further subdividing or applying for any permits. 2-3 weeks per June 12, 2024, correspondence from Applicant. 3. Provide a schedule for the completion of the apartments and portions of the roads that will be public as soon as possible and prior to applying for any permits. Three (3) months per June 12, 2024, correspondence from Applicant. Page 49 of 263 Page 50 of 263 Page 51 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-564 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Ordinance to amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance; specifically the Medical Overlay District. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: City Council to adopt Ordinance to amend Ordinance No. 1253 to consider the request from the City of Fairhope Planning and Zoning Department, for various proposed amendments to the City of Fairhope’s Zoning Ordinance; specifically the Medical Overlay District. 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 52 of 263 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to the Medical Overlay District; and, WHEREAS, after the appropriate public notice and hearing of ZC 24.03, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1. THAT, Article V, Section H.3.G. MO – Medical Overlay District, be hereby amended to read as follows: 3. District Classification – The following overlay district is hereby established: Medical Overlay District-MO. Uses and standards allowed in this district shall be as follows: G. Development Standards. (1) The B-4 (Business and Professional District) development standards and area and dimensional requirements shall apply in this district: (2) Any residential, hotel, dormitory, nursing home or convalescent use shall not exceed the density established for the R-5 (High Density Multi-Family Residential District) at a minimum lot area of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit / 10 units per acre maximum. (3) No building or portion of a building visible from a public street or right of way shall be exposed metal. A façade of some type or material shall be used to visually screen the metal from the public street or right of way. (4) The existing medical center (Thomas Hospital) contains buildings that may not conform to the area and dimensional requirements of B-4 (Business and Professional District). New Buildings or expansions to the existing medical center (Thomas Hospital) providing 24 hour medical, psychiatric, obstetrical, or surgical care shall be allowed to align with the height and building lines of existing buildings provided that all other local, county, and state requirements are met. This exemption does not apply to ancillary buildings that may include, but are not limited to, administrative offices, physician offices, outpatient services, and maintenance facilities. Page 53 of 263 Ordinance No. ______ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF AUGUST, 2024 _____________________________ Corey Martin, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF AUGUST, 2024 ____________________________ Sherry Sullivan, Mayor Page 54 of 263 MORPHY AVE SPRING RUN D R GREENO RDHAWTHORNECIR GREENO RD SS INGLESIDE STPLEASANTAVELOTTIE LNBERGLIN STMIDDLE ST NATHANIELAVE BOSBY LN INGLESIDE AVENICHOLSAVE EXT S GRAND BLVDHOSPITAL DR HOSPITAL DR P ORTER LN MITCHELL PLAUTUMN DR SPRINGPARKDRGREENO LN WINDSOR DR S W IN DSOR DRN NICHOLS AVE PROFESSIONAL PARK DRREILLYCIR M C D O N A L D L N MELVIN LN NORTHROP ST CARROLLPLACEDRCOMMERCIAL PARK DRLLOYD LN MEDICAL PARK DR HORN LN Legend RoadMedical Overlay DistrictParcelZoningDistrictB-2 - General Business DistrictB-3b - Tourist Resort Commercial Service DistrictB-4 - Business and Professional DistrictM-1 - Light Industrial DistrictP-1 - ParkingR-1 - Low Density Single-FamilyR-2 - Medium Density Single-FamilyR-3PGH - Patio/Garden Single-FamilyR-4 - Low Density Multi-Family ^ µ Exhibit A City of FairhopeMedical Overlay District Page 55 of 263 City of Fairhope Planning Commission June 3, 2023 The following is a proposed amendment to change and alter the City of Fairhope Zoning Ordinance. The Planning Commission will review the proposed language and take one of the following actions: (a)Recommend approval to the City Council; (b)Recommend approval to the City Council, conditioned on specific revisions; (c)Recommend denial to the City Council; or (d) Continue discussion of the proposed amendments for further study. Any zoning amendment must be approved by the City Council. During the Planning Commission Hearing, as well as the City Council Hearing, all persons shall have an opportunity to be heard in opposition to or in favor of the proposed amendment. Comments may also be emailed to planning@fairhopeal.gov. ZC 24.03 Zoning Amendments Planning Commission unanimously (7 Ayes, 0 Nays) voted to recommend approval of ZC 24.03. Page 56 of 263 Article V Section H. Special Districts Medical Overlay District H. MO-Medical Overlay District 1. Intent – The intent of the Medical Overlay (MO) District is to establish and provide for the logical expansion of medical office needs to accommodate the growing community and region. Medical uses vary in need and impacts on the community. The MO District is also intended to establish and accommodate highly- specialized, unique uses and development types related to the medical field and to accommodate additional specialized needs and growth of the medical field and community. It is the express intent of this MO district surrounding the existing medical center to be as generous as possible in permitted uses while at the same time maintaining a clean, attractive community that provides an extension of the medical office needs for medical practices and appropriate facilities for the medical community it serves. Property located within the MO District is permitted the use allowed by right of the underlying zoning district. The provisions relating to nonconformities in Article VII of the Zoning Ordinance shall apply to all properties within this MO District. 2. Location – By virtue of its location to an existing medical center (Thomas Hospital), it is intended that this district be allowed for future expansion to the following boundaries: North to parcels abutting the south side of Morphy Avenue, South to those parcels that are in the City of Fairhope abutting the north side of Greeno Lane, East to parcels abutting the west side of Greeno Road, and West to parcels abutting the east side of South Ingleside Street. 3. District Classification – The following overlay district is hereby established: Medical Overlay District-MO. Uses and standards allowed in this district shall be as follows: A. Permitted Uses: The following uses and structures are permitted in this district: (1) Medical offices (2) Hospitals and nursing homes (3) Medical and dental clinics (4) Laboratories for medical and dental uses (5) Funeral homes (6) Animal hospitals, provided the boarding of animals occurs in completely enclosed buildings (7) Child and adult day care facilities and group home facilities (8) Adult congregate living facilities (9) Helistop in conjunction with hospitals (10) Emergency services (11) Parking structures (12) Colleges and universities (13) Vocational, trade or business schools with all associated uses including dormitory facilities related to the medical field (14) Essential services (15) Hospital related out-patient services (Ambulatory Surgery and Diagnostic Clinics) (16) Independent Living Facilities (17) Bed and Breakfast Facilities to accommodate families of patients (18) Retail business which sell, lease and repair prosthetic or ambulatory devices used for patient rehabilitation, mobility or installation/modification of handicap unique support aids (19) Places of Worship (20) Mixed use with residential – The residential use shall make up at least 33% of the total area of the building and be located on the upper floors only. B. Permitted Accessory Uses and Structures. (1) Uses and structures which are customarily incidental and subordinate to permitted uses (2) Such other uses as determined by the Zoning Official or his/her designee to be: a. Appropriate by reasonable implication and intent of the district b. Similar to another use either explicitly permitted in that district or allowed by special exception. Page 57 of 263 Article V Section H. Special Districts Medical Overlay District C.Uses Permitted Subject to Appeal and with Conditions. (1)Commercial communication towers (2)Detoxification centers and substance abuse centers associated primarily with the primary medical facility (3)Retail, restaurant, personal services, branch banks, offices, conference facilities, clinics and similar workplace support uses when within any individual structure, gross floor area shall be limited to 10 percent of the total gross floor area (4) Crematorium D.Prohibited Uses and Structures. (1)Any use or structure not specially, provisionally or by reasonable implication permitted herein. (2)Automotive repair garages, pool halls and game rooms (3)Gasoline or diesel filling stations shall not be located within 100 feet from in-patient care or treatment facilities E.General Requirements. Buildings shall comply with the following provisions: (1)Buildings shall comply with all applicable Site Design Standards in Article IV of the Zoning Ordinance and all other applicable City regulations and review standards not specified in this section. (2)Mixed-use buildings shall be vertically mixed in use. Retail uses shall be placed at street level. F.Special Exceptions. (1)Research and development (2) Hotel (3) Crematoria (4)And any such other uses as deemed appropriate in the district by the Planning Commission. The Planning Commission shall review a proposed use at the time the special exception application is presented to the Planning Commission according to the submittal deadlines and meeting dates established by the Planning Commission. G.Development Standards. (1) The B-4 (Business and Professional District) development standards and area and dimensional requirements shall apply in this district: (2)Any residential, hotel, dormitory, nursing home or convalescent use shall not exceed the density established for the R-5 (High Density Multi-Family Residential District) at a minimum lot area of 10,500 square feet for two dwelling units plus 4,100 square feet for each additional unit / 10 units per acre maximum. (3)No building or portion of a building visible from a public street or right of way shall be exposed metal. A façade of some type or material shall be used to visually screen the metal from the public street or right of way. (4)The existing medical center (Thomas Hospital) contains buildings that may not conform to the area and dimensional requirements of B-4 (Business and Professional District). New Buildings or expansions of existing buildings providing 24 hour medical, psychiatric, obstetrical, or surgical care shall be allowed to align with the height and building lines of existing buildings provided that all other local, county, and state requirements are met. This exemption does not apply to ancillary buildings that may include, but not limited to, administrative offices, physician offices, outpatient services, and maintenance facilities. *Proposed language in red was revised by Planning Commission and is reflected in the proposed ordinance Page 58 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-590 FROM: Lisa Hanks, CITY CLERK SUBJECT: An Ordinance granting a Non-Exclusive Franchise to Southern Light, LLC, for the purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms and conditions pursuant to Franchise stated in Ordinance. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Approve Non-Exclusive Franchise to Southern Light, LLC for the purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way within 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 59 of 263 ORDINANCE NO. --- AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHERN LIGHT, LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A FIBER-OPTIC TRANSMISSION LINE WITIDN CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OFF AIRHOPE, ALABAMA WHEREAS, on July 12 , 2021 , the City of Fairhope , Alabama ("City ") adopted Ordinance No . 1717 which granted Southern Light, LLC ("Southern Light ") a non-exclusive franchise ("Southern Light 2021 Franchise") to construct and operate a fiber optic transmission line in the City ; and WHEREAS, Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti Group"); and WHEREAS, Uniti Fiber GulfCo LLC ("Uniti GulfCo ") is also an indirectly owned subsidiary Uniti Group ; and WHEREAS, Uniti Group now seeks from the City another franchise to secure an asset backed securities lending facility ("ABS") whereby Uniti Group will transfer certain assets from Southern Light to Uniti GulfCo; and WHEREAS, Uniti Group will assign certain assets to Uni ti GulfCo in support of the ABS ; and WHEREAS, certain facilities installed and operating in the City 's right-of-way may be owned by Uniti GulfCo while others will be owned by Southern Light; and WHEREAS, to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo and Southern Light , Uniti GulfCo and Southern Light will enter an intercompany agreement to allow access to those shared facilities ; and WHEREAS, the City intends by adoption of this Agreement to grant Southern Light a new franchise and the City also plans to adopt a separate , substantially identical , franchise agreement for Uniti GulfCo ; and WHEREAS, Uniti GulfCo and Southern Light will be jointly and severally liable for any noncompliance that may occur under the Uniti GulfCo franchise agreement and this Franchise since each franchise conveys identical terms for the use of the right-of-way in the City of Fairhope , Alabama; and WHEREAS the City Council wishes to grant a franchise for the construction and maintenance of the fiber-optic transmission line in accordance with the terms and conditions contained herein. 93 490 l 9v2 Page 60 of 263 Ordinance No . Page -2- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: The City Council of the City of Fairhope does hereby grant to Southern Light, LLC a non-exclusive franchise granting the limited authority to construct a fiber-optic transmission line in the City of Fairhope in and along its Rights-of-way subject to the terms and conditions set forth below. WITNESSETH: The City does hereby grant to Southern Light, LLC , an Alabama limited liability company , a non- exclusive franchise as set out below to operate and construct a fiber-optic transmission line : SECTION 1 Defined Terms. For purposes of this Franchise , the following terms , words and phrases shall have the meanings set forth below. When not inconsistent with the context , words used in the singu lar number shall include the plural number, and words in the plural number shall include the singular. 1.1 "City" means the City of Fairhope , Alabama . 1.2 "Franchisee " means Southern Light , LLC, its lawful successors, transferees or assignees thereo f. 1.3 "Governing Body" or "City Council " means the City Council of the City of Fair hope , Alabama. 1.4 "Gross Revenue " means all local revenues, in whatever form and fro m all sources , determined in accordance with generally excepted accounting principles that are received or accrued by Company from customers to the company 's services within the City. Gross Revenue shall include all local revenues received from customers for the Company 's services within Fairhope , with a deduction for Company's uncollectible accounts , but without deduction for operating expenses , accruals , or any other expenditure . Notwithstanding the foregoing , Gross Revenue shall not include any taxes on services furnished by Company imposed by any municipality , state , or other governmental unit and collected by Company for such governmental unit , nor shall it include taxes of general applicability imposed on the customer or the transactions (but not on Company or any of its affiliates) by federal, state , or local law and required to be collected and remitted by the Company or any of its affiliates to the governmental unit , including sales , use and utility taxes. Gross Revenues shall not include revenues arising from or relating to services provided by the Company that both originate and terminate outside the corporate limits of the City. Gross Revenues on services that originate in another municipality and terminate in the City shall be evenly apportioned among the two for the purposes of calculating the fee owed to each by the Company , such that the aggregate use fee paid by the Company shall not exceed five percent (5%) of the Gross Revenue on said services. 1.5 "Person" means any natural or corporate person , business association or other business entity including, but not limited to , a partnership , sole proprietorship , political subdivision , public or private agency of any kind, utility , successor or assign of any of the foregoing , or any other legal entity. 9349019v2 Page 61 of 263 Ordinance No. Page -3 - 1.6 "Rights-of-way " means the surface and space above and below any public street , boulevard, road , highway , freeway, lane , alley , sidewalk , parkway , driveway , public ways , or other public rights of way, including , public utility easements , dedicated utility strips or rights of way dedicated for compatible uses held by the City or located within the City and the police jurisdiction if allowed by law which shall entitle the City and other franchisees and the Franchisee to use the same for the purpose of installing , operating , repairing and maintaining the System so long as such use does not interfere with other previously placed facilities by the City or any other franchisee . 1. 7 "System" shall mean a system of pipes , transmission lines , meters , equipment and all other facilities associated with the operation of fiber-optic transmission lines by the Franchisee in accordance with the terms and conditions contained herein. SECTION 2 Grant of Authority. The City hereby grants to the Franchisee the non-exclusive and limited authority to construct, in stall and maintain a fiber-optic transmission line in and along the Rights-of-way in the City of Fairhope from time to time as approved and for a period of fifteen years from the day this franchise agreement is signed by both parties. The Franchisee shall not expand or extend the System installed or constructed within the City pursuant to this Franchise without approval from the Building Department of the City of Fairhope. SECTION 3 Compensation. The Franchisee shall pay to the City as a franchise fee of Five percent (5%) of its Gross Revenues during each calendar year of operation under this franchise. Such payments shall be made quarterly during each calendar year, within fifteen (15) days of the close of each quarter. An annual financial statement shall be furnished to the City by the Franchisee on or before April 1st of each year, or at any time upon request of the City after thirty (30) days written notice , such report to show Gross Revenues received by the Franchisee from its operations with the City for the previous year. However, at any time , upon request by the City and after sixty (60) days written notice, an annual certified audit report shall be furnished to the City by the Franchisee , showing Gross Re venues received by the Franchisee from its operations within the City for the previous year. The City shall be allowed to conduct its own audit of the financial books and records of the Franchisee at least every three years. Acceptance of any fee payment shall not be deemed a waiver or release of any claims the City may have for additional sums , nor construed as an accord or Franchise that the amount paid is correct. SECTION 4 Duration and Term. The franchise granted hereunder shall expire on July 12 , 2036 , unless otherwise lawfully renewed , revoked , or terminated as herein provided. Upon the expiration, the Franchisee or the City shall have the option to renew this Franchise for one additional term of the time of which is not yet determined subject to the terms and conditions contained herein , by giving written notice , sixty (60) days before the expiration of this Franchise, to the other party of that party's intent to renew this Franchise for the additional term. SECTION 5 Grant of Non-Exclusive Authority. The right to use and occupy the Rights-of- way for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant the use of said Rights-of-way to any person , firm , or corporation at any time and for any lawful purpose. This Franchise shall not be construed to create any rights beyond the terms, conditions and periods set forth , except as provided herein. The City does not warrant any of the rights granted by this Franchise. 9349 0 19v 2 Page 62 of 263 Ordinance No . Page -4 - SECTION 6 Reservation of Regulatory and Police Powers. The City , by the granting of this franchise does not surrender or to any extent lose , waive , impair or lessen the lawful powers and rights now, or which may be hereafter , vested in the City under the Constitution and the statutes of the State of Alabama to regulate the use of its Rights-of-way by the Franchisee or any person or to charge reasonable compensation for such use , and the Franchisee , by its acceptance of this franchise , agrees that all lawful powers and rights , regulatory power, police po wer or otherwise that may be from time to time vested in or reserved to the City , shall be in full force and effect and subject to the exercise thereof by the City at any time . The Franchisee is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce ordinances necessary for the safety and welfare of the public and agrees to comply with all applicable laws and ordinances enacted by the City pursuant to such powers. The parties agree that this franchise shall be subject to the City 's new Right-of-Way Ordinance. Further, Franchisee shall comply with the City Tree Ordinance , Right of Way Ordinance , all City ordinances , state laws and federal laws whether now existing or later enacted. Any conflict between the pro visions of this Franchise and any other present or future lawful exercise of the City 's police powers shall be resolved in fa vor of the latter. SECTION 7 Standards of Service . 7.1 Conditions of Street Occupancy. All portions of the System and all associated equipment installed or erected by the Franchisee pursuant to this Franchise shall be located so as to cause minimum interference with the proper use of the Rights-of-way and with the rights and reasonable convenience of property owners who own property that adjoins any of such Rights-of- way. As the City upgrades its electrical system and places power lines underground , Franchisee will also place its fiber optic lines underground and this will be done at no cost to the City. No open trenching shall be allo »-1 ed in developed areas without the prior written approval of the City . 7.2 Restoration of Rights-of-way. If during the course of the Franchisee 's construction, operation, or maintenance of the System a disturbance of any Rights-of-way by the Franchisee occurs , it shall , at its expense , replace and restore such Rights-of-way to a condition comparable to the condition of the Rights-of-way existing immediately prior to such disturbance to the satisfaction of the City. The work to be done under this Franchise , and the restoration of Rights- of-way as required herein , must be completed within the date specified in any permits authori zing the work. The Franchisee shall perform the work according to the standards and with the materials specified or appro ved by the City , or in the case of state or federal highways within the City in accordance with the appropriate Department of Transportation standards. 7 .3 Relocation at Request of the City. Upon its receipt of reasonable notice , not to be less than forty-five (45) days , except where emergency conditions require shorter notice , the Franchisee shall , at its own expense , protect , support , temporarily disconnect , relocate in the Rights-of-way , or remove from the Rights-of-way , any property of the Franchisee when lawfully required by the City by reason of traffic conditions , public safety , street abandonment , freeway and street construction, change or establishment of street grade , installation of sewers , drains, gas or water pipes , electrical or telecommunications lines , when such installation or construction is being done directly by or for the City , the state or federal government. Should the Franchisee refuse or fail to remove its equipment or plant as provided for herein within forty-five (45) days 93 4901 9v2 Page 63 of 263 Ordinance No . Page - 5 - after written notification , the City shall have the right to do such work or cause it to be done , and the reasonable cost thereof shall be chargeable to the Franchisee . 7.4 Trimming of Trees and Shrubbery. The Franchisee shall reasonably compensate the City for any damages , in such amounts as determined by the City , caused by trimming , cutting or removing trees or shrubbery , or shall , at its own expense , replace all trees or shrubs damaged as a result of any construction, installation, repair or maintenance of the System undertaken by the Franchisee to the satisfaction of the City . 7.5 Safety and Permit Requirements. Construction , installation, repair and maintenance of the System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial compliance with applicable federal , state , and local laws , rules and regulations , including all permit requirements and ordinances adopted by the City which are now in effect or are hereafter adopted. The System or parts thereof shall not unreasonably endanger or interfere with the safety of persons or property in the area. 7 .6 Minimum Standards. All of the construction by the Franchisee shall conform , at a minimum , to the minimum standards of the Franchisee. In the event there is a conflict between the standards adopted by the Franchisee and any applicable federal , state or local standards , including ordinances adopted by the City , the stricter standard shall apply . 7.7 Obstructions of Rights-of-way. Except in the case of an emergency, or with the approval of the City Public Works Department with the consent of the Fairh ope Police Department, which consent shall not be unreasonably withheld , no Rights-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work. The Franchisee shall not so obstruct the Rights-of-way so as to interfere with the natural , free and clear passage of water through the gutters , drains , ditches or other waterway s. 93 490 19v2 7 .8 Safety Requirements . a) The Franchisee shall at all times employ the highest degree of care as is commensurate with the practical operation of its business and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage , injuries or nuisances to the public. b) The Franchisee shall install and maintain the Sy stem in accordance with the requirements of all applicable regulations of the City, which may be amended from time to time , and in such manner that its operations will not interfere with any installations of the City or of a public utility serving the City . c) All structures and all lines , equipment, and connections in , over, under and upon the Rights-of-way, wherever situated or located , shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. d) The Franchisee shall maintain a force of emplo yees at all times sufficient to provide safe , adequate and prompt service for the System. Page 64 of 263 Ordinance No . Page -6 - 7.9 Least Disruptive Technology. The Franchisee is encouraged to perform construction and maintenance of the System in a manner resulting in the least amount of damage and disruption to the Rights-of-way. The Franchisee will be required to use trenchless technology for any portion of construction or maintenance projects which lie beneath the paved or improved portion of any roadway to which this Franchise applies , unless otherwise approved by the City Council. The City Public Works Department may require trenchless technology in other locations , where circumstances prevent or make open-cut methods impractical. The Franchisee may use either the open-cut method or trenchless technology for construction outside the paved or improved portion of any roadway to which this Franchise applies . SECTION 8 Enforcement and Termination of Franchise. 8.1 Notice of Violation. In the event the Franchisee has not complied with the terms of this Franchise , the City shall notify the Franchisee in writing of the nature of the alleged noncompliance. 8.2 Right to Cure or Respond . The Franchisee shall have 30 days from receipt of the notice described in Section 8.1: (a) to respond to the City by contesting the assertion of noncompliance , (b) to cure such default, or ( c) in the event that, by the nature of default , such default cannot, for reasons beyond the control of the Franchisee , be cured within the 30-day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed. 8.3 Public Hearing . In the event the Franchisee fails to respond to the notice described in Section 8.1 or contests the assertion of noncompliance pursuant to the procedures set forth in Section 8.2 , or in the event the alleged default is not remedied within 30 days or by the date projected pursuant to 8.2 above , the City shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the City which is scheduled at a time not less than five business days there from. The City shall notify the Franchisee in writing of the time and place of such meeting and provide the Franchisee with an opportunity to be heard. 8.4 Enforcement. In the event the City , after such meeting, determines that the Franchisee is in default of any provision of this Franchise, the City may pursue any or all of the following remedies : a) Seek specific performance of any provision which reasonably lends itself to such a remedy; or b) Make a claim against any surety or performance bond which may be required to be posted ; or c) Restrain by injunction the default or reasonably anticipated default by the Franchisee of any provision of this Franchise; or d) Seek any other available remedy permitted at law or equity . 934901 9v2 Page 65 of 263 Ordinance No . Page -7 - e) In the case of a material default of this Franchise, declare the Franchise to be revoked in accordance with the following: i. The City shall give written notice to the Franchisee of its intent to revoke the Franchise on the basis of noncompliance by the Franchisee. The notice shall set forth the exact nature of the noncompliance. The Franchisee shall have 30 days from such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from the Franchisee , it may then seek termination of this Franchise at a public meeting . The City shall cause to be mailed to the Franchisee , by regular mail , at least 10 days prior to such public meeting , a written notice specifying the time and place of such meeting and stating its intent to seek such termination. ii. At the designated meeting , the City shall give the Franchisee an opportunity to state its position on the matter , after which it shall determine whether or not this Franchise shall be terminated. The Franchisee may appeal such determination to the Circuit Court of Baldwin County , which shall have the power to review the decision of the City and to modify or reverse such decision as justice may require. Such appeal must be taken within 30 days of the issuance of the determination by the City. 111. The City may , in its sole discretion, take any lawful action which it deems appropriate to enforce the City's rights under this Franchise in lieu of revocation of the Franchise. 8.5 Impossibility of Performance. The Franchisee shall not be held in default or noncomp liance with the provisions of this Franchise , nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes , acts of God , power outages or other events reasonably beyond its ability to control , but not the payment of fees or damages as a result of its business or operations practices. SECTI ON 9 Defa ul t. Each of the following shall constitute a material default by the Franchisee : 9.1 Failure to make any payments to the City required to be made as set forth in this Franchise . 9.2 Failure to maintain a liability insurance policy , cash or other bond that is not cured within thirty (30) days following written notice to the Franchisee. 9.3 Failure to provide or furnish any information required under this Franchise to the City that is not cured within thirty (30) days following written notice to the Franchisee. 9 .4 Any breach or violation of any ordinance , rule or regulation or any applicable safety or construction requirements or regulations that present a threat to health or safety that has not been cured within thirty (30) days written notice. 93 4901 9v2 Page 66 of 263 Ordinance No. Page -8 - 9.5 The occurrence of any event relating to the financial status of the Franchisee which may reasonably lead to the foreclosure or other judicial or non-judicial sale of all or any material part of the System or the assets of the Franchisee. 9.6 The condemnation by a public authority , other than the City , or sale or dedication under threat or in lieu of condemnation , of all or substantially all of the facilities ; or a) If the Franchisee shall make an assignment for the benefit of creditors , shall become and be adjudicated insolvent , shall petition or apply to any tribunal for , or consent to, the appointment of, or taking possession by , a receiver, custodian, liquidator or trustee or similar official pursuant to state or local laws, ordinances or regulations of any substantial part of its property or assets, including all or any part of the System ; or b) a writ of attachment, execution , distrait, levy , possession or any similar process shall be issued by any tribunal against all or any material part of the Franchisee 's property or assets ; or c) any creditor of the Franchisee petitions or applies to any tribunal for the appointment of, or taking possession by, a trustee, receiver , custodian , liquidator or similar official for the Franchisee or for any material parts of the property or assets of the Franchisee under the law of any jurisdiction, whether now or hereafter in effect , and a final order, judgment or decree is entered appointing any such trustee, receiver, custodian, liquidator or similar official, or approving the petition in any such proceeding; or d) any final order, judgment or decree is entered in any proceedings against the Franchisee decreeing the voluntary or involuntary dissolution of the Franchisee. SECTION 10 Permits. Prior to any excavation within the Rights-of-way, the Franchisee shall obtain a permit from the City pursuant to this Franchise, and the work shall be performed in accordance with all applicable ordinances and codes and any subsequent ordinances or regulations that may be adopted by the City . Repair and replacement of the Rights-of-way due to the Franchisee's installation , removal , relocation, maintenance and repair of its System or facilities shall be accomplished to the satisfaction of the City. SECTION 11 Insurance and Bonds. The Franchisee shall maintain in full force and effect , at its own cost and expense, a comprehensive general liability insurance policy in the amount of $1,000 ,000 .00 for bodily injury and property damage per person and $3 ,000 ,000.00 as to each occurrence , satisfactory to the City. In addition, the Franchisee shall obtain worker 's compensation coverage as required by the laws of the State of Alabama. The City shall be named as an additional insured on all insurance policies , and the Franchisee shall provide the City with a certificate of insurance designating the City as an additional insured on each policy and extension or renewal thereof. An endorsement shall be included with the policy that states that the policy shall not be cancelled without giving thirty (30) days written notice of such cancellation to the City. Additionally , upon application for a permit to construct or repair any portion of the system the City may require the posting of a cash or corporate bond in an amount in the Building Department 's discretion is necessary to ensure the prompt payment for any damage that may be 934901 9v2 Page 67 of 263 Ordinance No . Page - 9 - caused by Franchisee or for the prosecution of the work in the event it is not completed, or completion is substandard. SECTION 12 Indemnity and Hold Harmless. The Franchisee agrees to indemnify , defend , and hold harmless the City , its elected officers , employees, agents, and representatives, against all claims , costs , losses , expenses , demands , actions , or causes of action , including reasonable attorney's fees and other costs and expenses of litigation , which may be asserted against or incurred by the City or for which the City may be liable , which arise from the negligence or willful misconduct, of the Franchisee, its employees , agents , or subcontractors arising out of the construction, operation, maintenance , upgrade , repair or removal of Facilities except for those claims , costs , losses, expenses, demands , actions, or causes of action which arise solely from the negligence , willful misconduct, or other fault of the City. The City does not and shall not waive any rights against the Franchisee which it may have by reason of this indemnification, or because of the acceptance by , or the Franchisee 's deposit with the City of any of the insurance policies, cash or bond described in this Franchise. The indemnification by the Franchisee shall apply to all damages , penalties and claims of any kind , regardless of whether any insurance policy shall have been determined to be applicable to any such damages or claims for damages . SECTION 13 Disclaimer of Warranties . The City makes no representation or warranty regarding its rights to authorize the installation or operation of the System on any particular right- of-way, and the burden and responsibility for making such determination in advance of the installation shall be upon the Franchisee. This Franchise shall not be construed to deprive the City of any rights or privileges which it now has , or may hereafter have , to regulate the use and control of its streets . SECTION 14 Warranties and Representations. The Franchisee hereby agree s, represents and warrants that it is legally authorized to accept this Franchise in accordance with all applicable laws, rules and regulations. Furthermore, the Franchisee further agrees , represents and warrants that this Franchise is legal , valid and binding , and that it is required to obtain authorization and consent from the City prior to the construction , installation, operation or maintenance of the System. SECTION 15 Other Obligations. Obtaining a franchise does not relieve the Franchisee of its duty to obtain all other necessary permits , licenses , authority and the payment of fees required by any other City , county , state or federal rules , laws or regulations, and the Franchisee is responsible for all work done in the Rights-of-way pursuant to this Franchise , regardless of who performs the work. SECTION 16 Payment of Costs. The Franchisee shall be responsible for all costs associated with the installation, repair and maintenance of the System and all associated equipment including , but not limited to (1) the costs to repair the Rights-of-way due to the installation, repair and maintenance of the System, and (2) the costs incurred in removing or relocating any portion of the System or facilities constructed when required by the City. Additionally , the Franchisee agrees to be solely responsible for any and all damages to other users of the Rights-of-way within the City caused by Franchisee 's use of said Rights-of-way. SECTION 17 Priority of Use. This Franchise does not establish any priority for the use of the Rights-of-way by the Franchisee or any present or future Franchisees or permit holders. In the 93 4901 9v2 Page 68 of 263 Ordinance No. Page -IO - event of any dispute as to the priority of use of the Rights-of-way , the first priority shall be to the public generally , the second priority to the City , the third priority to the State of Alabama and its political subdivisions in the performance of their various functions , and thereafter, as between Franchisee's and other permit holders , as determined by the City in the exercise of its powers, including the police powers and other powers reserved to and conferred on it by the State of Alabama. SECTION 18 Notice. Every notice or response required by this Franchise to be served upon the City or the Franchisee shall be in writing and shall be deemed to have been duly gi ven to the required party three (3) business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail , postage prepaid as follows: The notices or responses to the City shall be addressed as follows: City of Fairhope Attn: Mayor 161 orth Section Street Fairhope, Alabama 36532 Via U.S . Mail -City of Fairhope , Alabama Attn: Mayor Post Office Drawer 429 Fairhope , Alabama 36533 The notices or responses to the Franchisee shall be addressed as follows : Uniti Fiber GulfCo LLC or Southern Light, LLC (as app licabl e) ATTN : Kelly A. McGriff, Esq. Vice President and Deputy General Counsel Uniti Group Inc. 107 St. Francis Street, Suite 1800 Mobile , Alabama 36602 SECTION 19 Address Changes. The City and the Franchisee may designate such other address or addresses from time to time by giving written notice to the other party as set forth in this section. SECTION 20 Application. The terms and conditions contained in this Franchise shall apply to all areas within the corporate limits of the City and those areas annexed by the City after the passage and approval of this Ordinance. SECTION 21 Acceptance. The Franchisee shall accept this Franchise within thirty (30) day s of the City 's date of adoption and shall be accompanied by a check made payable to the City in the amount of Two Thousand Five Hundred Dollars ($2 ,500.00) as an acceptance fee , along with insurance certificates , applications, acceptance fees and performance bonds or other requirements relating to commencement of construction as set forth in this Franchise. SECTION 22 Assignment. The Franchisee 's interest in this Franchise shall not be sold , transferred , assigned or otherwise encumbered or disposed of, either by forced or voluntary sale or otherwise , without the prior written consent of the City Council. The City reserves the right to be reimbursed by the Franchisee for costs incurred by it in reviewing the request for transfer of ownership. 93 490 l 9v2 Page 69 of 263 Ordinance No . Page -11 - SECTION 23 Miscellaneous. Words of any gender used in this Franchise shall be held and construed to include any other gender, and words in singu lar number shall be held to include the plural and vice versa, unless context requires otherwise. The captions used in connection with the sections of this Franchise are for convenience only and shall not be deemed to co nstrue or limit the meaning of the lan guage contained in this Franchise or be used in interpreting the meanings and provisions of this Franchise. SECTION 24 Rules of Construction. The parties hereto acknowledge that each party and its counsel have had the opportunity to review and revise this Franchise , and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Franchise or any amendments or exhibits thereto. SECTION 25 Governing Law. This Franchise shall be deemed to have been made in the State of Alabama and the validity of the same , it s construction, interpretation, enforcement and the rights of the parties hereunder , shall be determined under, governed by and construed in accordance with the substantive laws of the State of Alabama, without giving effect to any choice of law provisions arising there under. SECTION 26 Severability Clause . If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason , such holding shall not be construed to invalidate or impair the remainder of this Ordinance , which shall continue in full force and effect notwithstanding such holding. SECTION 27 Joint and Several Liability Under Franchise. Franchisee and Uniti GulfCo agree that they are jointly and severally liable for , and absolutely and unconditionally guarantee to City the prompt payment and performance of, all obligations under this Franchise. Franchisee and U niti GulfCo agree that the guarantee obligations hereunder constitute a continuing guarantee that such obligations under this Franchise shall not be discharged until full payment or performance of the obligations , and that such obligations are abso lute and unconditional , irrespective of the absence of any action by the City to enforce this Franchise , or any waiver or consent of any kind by the City , or any other action or circumstances that might otherwise constitute a legal or equitable discharge, accept full payment or performance of all obligations under this Franchise . SECTION 28 Upon the Effective Date of this Agreement, the Southern Light 2021 Franchise shall be void and shall be replaced in its entirety with this Franchise. either City nor Franchisee waives any rights which either Party may have under the Southern Light 2021 Franchise regarding satisfaction of payment obligations or other ob li gations , whether know or unknown , that may have accrued under the Southern Light 2021 Franchise. SECTION 29 Repeal Clause. Any Ordinance heretofore adopted by the City Council of the City of Fairhope , Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of such conflict. SECTION 30 Effective Date. This Ordinance shall become effective only upon receipt of a written unconditional acceptance by the Franchisee of the terms and conditions contained herein within thirty (30) days of the passage of this Ordinance. 93 490 19v 2 Page 70 of 263 Ordinance No. Page -12 - ATTEST: Lisa a. Hanks, MMC City Clerk Southern Light, LLC ADOPTED THIS ADOPTED THIS Signed lu,_1 � � Name f(f.LLyW.� Title: VP. i DzP WN C, VN s fL Date: DI /we, 2 '\ 9349019v2 DAY OF ____ , 2024 CITY OF FAIRHOPE, ALABAMA Corey Martin, Council President DAY OF ,2024 ---- Sherry Sullivan, Mayor Uniti Fiber GulfCo LLC Title: IJf � � tf (£Iv Uv,,-V.s-61,, Date: b\ ts\) C.-, 2</ Page 71 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-591 FROM: Lisa Hanks, CITY CLERK SUBJECT: An Ordinance granting a Non-Exclusive Franchise to Uniti Fiber GulfCo LLC, for the purpose of Construction and Maintaining a Fiber- Optic Transmission Line within Certain Public Rights-Of-Way within the City of Fairhope, Alabama in accordance with the terms and conditions pursuant to Franchise stated in Ordinance. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Approving a Non-Exclusive Franchise to Uniti Fiber GulfCo LLC, for the purpose of Construction and Maintaining a Fiber-Optic Transmission Line within Certain Public Rights-Of-Way within 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 72 of 263 ORDINANCE NO. __ _ AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO UNIT! FIBER GULFCO LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A FIBER-OPTIC TRANSMISSION LINE WITHIN CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FAIRHOPE, ALABAMA WHEREAS, on July 12 , 2021 , the City of Fairhope , Alabama ("City ") adopted Ordinance No . 1717 which granted Southern Light, LLC ("Southern Light ") a non-exclusive franchise ("Southern Light 2021 Franchise") to construct and operate a fiber optic transmission line in the City; and WHEREAS, Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti Group "); and WHEREAS, Uniti Fiber GulfCo LLC ("Uniti GulfCo ") is also an indirectly owned subsidiary of Uniti Group; and WHEREAS, Uniti Group now seeks from the City another franchise to secure an asset backed securities lending facility ("ABS ") whereby Uniti Group will transfer certain assets from Southern Light to Uniti GulfCo ; and WHEREAS, Uni ti Group will assign certain assets to Uniti GulfCo in support of the ABS; and WHEREAS, certain facilities installed and operating in the City 's right-o f-way may be owned by Uniti GulfCo while others will be owned by Southern Light ; and WHEREAS, to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo and Southern Light, Uniti GulfC o and Southern Light will enter an intercompany agreement to allow access to those shared facilities; and WHEREAS, the City intends by adoption of this Agreement to grant Uniti GulfCo a franchise and the City also plans to adopt a separate , substantia ll y identical , franchise agreement for Southern Light ; and WHEREAS, Uniti GulfCo and Southern Light will be jointly and severally liable for any noncompliance that may occur under the Southern Light franchise agreement and this Franchise since each franchise conveys identical terms for the use of the right-of-way in the City of Fairhope, Alabama; and WHEREAS the City Council wishes to grant a franchise for the construction and maintenance of the fiber-optic transmission line in accordance with the terms and conditions contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: 9351463v2 Page 73 of 263 Ordinance No . Page -2 - The City Council of the City of Fairhope does hereby grant to Uniti Fiber GulfCo LLC a non- exclusive franchise granting the limited authority to construct a fiber-optic transmission line in the City of Fairhope in and along its Rights-of-way subject to the terms and conditions set forth below . WITNESSETH: The City does hereby grant to Uniti Fiber GulfCo LLC , a non-exclusive franchise as set out below to operate and construct a fiber-optic transmission line: SECTION 1 Defined Terms. For purposes of this Franchise , the following terms , words and phrases shall have the meanings set forth below. When not inconsistent with the context , words used in the singular number shall include the plural number, and words in the plural number shall include the singular. 1. 1 "City " means the City of Fairhope , Alabama. 1.2 "Franchisee " means Uniti Fiber GulfCo LLC , its lawful successors , transferees or assignees thereof. 1.3 "Go verning Body " or "City Council " means the City Council of the Ci ty of Fairhope, Alabama. 1.4 "Gross Revenue " means all local revenues , in whatever form and from all sources , determined in accordance with generally excepted accounting principles that are received or accrued by Company from customers to the company's services within the City. Gros s Re venue shall include all local re venues received from customers for the Company's services within Fairhope , with a deduction for Company 's uncollectible accounts , but without deduction for operating expenses , accruals , or an y other expenditure . Notwithstanding the foregoing , Gross Revenue shall not include an y taxes on services furnished by Company imposed by any municipality , state , or other governmental unit and collected by Company for such governmental unit , nor shall it include taxes of general applicability imposed on the customer or the transactions (but not on Company or any of its affiliates) by federal , state , or local law and required to be collected and remitted by the Company or any of its affiliates to the governmental unit , including sales , use and utility taxes . Gross Re venues shall not include revenues arising from or relatin g to services pro vided by the Company that both originate and terminate outside the corporate limits of the City. Gross Revenues on services that originate in another municipality and terminate in the City shall be evenl y apportioned among the two for the purposes of calculating the fee owed to each by the Company, such that the aggregate use fee paid by the Company shall not exceed five percent (5%) of the Gross Revenue on said services . 1.5 "Person" means any natural or corporate person , business association or other business entity including , but not limited to , a partnership , sole proprietorship , political subdivision , public or private agency of any kind , utility , successor or assign of any of the foregoing , or any other legal entity. 1.6 "Rights-of-way " means the surface and space above and below any public street , boulevard , road , highway, free way , lane , alle y, sidewalk , parkway , driveway , public way s, or other public rights of way , including , public utility easements , dedicated utility strips or rights of way 935 1463v2 Page 74 of 263 Ordinance No . Page -3 - dedicated for compatible uses held by the City or located within the City and the police jurisdiction if allowed by law which shall entitle the City and other franchisees and the Franchisee to use the same for the purpose of installing, operating , repairing and maintaining the System so long as such use does not interfere with other previously placed facilities by the City or any other franchisee. 1.7 "System " shall mean a system of pipes , transmission lines , meters , equipment and all other facilities associated with the operation of fiber-optic transmission lines by the Franchisee in accordance with the terms and conditions contained herein. SECTION 2 Grant of Authority. The City hereby grants to the Franchisee the non-exclusive and limited authority to construct, install and maintain a fiber-optic transmission line in and along the Rights-of-way in the City of Fairhope from time to time as approved and for a period of fifteen years from the day this franchise agreement is signed by bo th parties. The Franchisee shall not expand or extend the System installed or constructed within the City pursuant to this Franchise without approval from the Building Department of the City of Fairhope. SECTION 3 Compensation. The Franchisee shall pay to the City as a franchise fee of Five percent (5%) of its Gross Revenues during each calendar year of operation under this franchise. Such payments shall be made quarterly during each calendar year, within fifteen (15) days of the close of each quarter. An annual financial statement shall be furnished to the City by the Franchisee on or before April 1st of each year, or at any time upon request of the City after thirty (30) days written notice , such report to show Gross Revenues received by the Franchisee from its operations with the City for the previous year. However, at any time , upon request by the City and after sixty (60) days written notice , an annual certified audit report shall be furnished to the City by the Franchisee , showing Gross Revenues received by the Franchisee from its operations within the City for the previous year. The City shall be allowed to conduct its own audit of the financial books and records of the Franchisee at least every three years. Acceptance of any fee payment shall not be deemed a waiver or release of any claims the City may have for additional sums , nor construed as an accord or Franchise that the amount paid is correct. SECTION 4 Duration and Term. The franchise granted hereunder shall expire on July 12 , 2036 , unless otherwise lawfully renewed , revoked , or terminated as herein provided. Upon the expiration, the Franchisee or the City shall have the option to renew this Franchise for one additional term of the time of which is not yet determined subject to the terms and conditions contained herein , by giving written notice , sixty (60) days before the expiration of this Franchise , to the other party of that party 's intent to renew this Franchise for the additional term . SECTION 5 Grant of Non-Exclusive Authority. The right to use and occupy the Rights-of- way for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant the use of said Rights-of-way to any person, firm , or corporation at any time and for any lawful purpose. This Franchise shall not be construed to create any rights beyond the terms , conditions and periods set forth , except as provided herein. The City does not warrant any of the rights granted by this Franchise. SECTION 6 Reservation of Regulatory and Police Powers. The City , by the granting of this franchise does not surrender or to any extent lose , waive , impair or lessen the lawful powers and rights now, or which may be hereafter , vested in the City under the Constitution and the statutes 935 14 63v 2 Page 75 of 263 Ordinance No . Page -4- of the State of Alabama to regulate the use of its Rights-of-way by the Franchisee or any person or to charge reasonable compensation for such use , and the Franchisee , by its acceptance of this franchise, agrees that all lawful powers and rights, regulatory power, police power or otherwise that may be from time to time ves ted in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time. The Franchisee is deemed to acknowledge that its rights are subject to the regulatory and police powers of the City to adopt and enforce ordinances necessary for the safety and welfare of the public and agrees to comply with all applicable laws and ordinances enacted by the City pursuant to such powers. The parties agree that this franchise shall be subject to the City's new Right-of-Way Ordinance. Further, Franchisee shall comply with the City Tree Ordinance , Right of Way Ordinance , all City ordinances , state laws and federal laws whether now existing or later enacted. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the City's police powers shall be resolved in favor of the latter. SECTION 7 Standards of Service . 7.1 Conditions of Street Occupancy. All portions of the System and all associated equipment installed or erected by the Franchisee pursuant to this Franchise shall be located so as to cause minimum interference with the proper use of the Rights-of-way and with the rights and reasonable convenience of property owners who own property that adjoins any of such Rights-of- way. As the City upgrades its electrical system and places power lines underground , Franchisee will also place its fiber optic lines underground and this will be done at no cost to the City. No open trenching shall be allowed in developed areas without the prior written approval of the City . 7 .2 Restoration of Rights-of-way . If during the course of the Franchisee's construction, operation, or maintenance of the System a disturbance of any Rights-of-way by the Franchisee occurs , it shall, at its expense , replace and restore such Rights-of-way to a condition comparable to the condition of the Rights-of-way existing immediately prior to such disturbance to the satisfaction of the City . The work to be done under this Franchise , and the restoration of Rights- of-way as required herein , must be completed within the date specified in any permits authorizing the work. The Franchisee shall perform the work according to the standards and with the materials specified or approved by the City, or in the case of state or federal highways within the City in accordance with the appropriate Department of Transportation standards. 7.3 Relocation at Request of the City. Upon its receipt ofreasonable notice, not to be less than forty-five (45) days , except where emergency conditions require shorter notice , the Franchisee shall , at its own expense, protect, support, temporarily disconnect , relocate in the Rights-of-way , or remove from the Rights-of-way , any property of the Franchisee when lawfully required by the City by reason of traffic conditions , public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes , electrical or telecommunications lines , when such installation or construction is being done directl y by or for the City , the state or federal government. Should the Franchisee refuse or fail to remove its equipment or plant as provided for herein within forty-five ( 45) days after written notification , the City shall have the right to do such work or cause it to be done , and the reasonable cost thereof shall be chargeable to the Franchisee. 9351463v2 Page 76 of 263 Ordinance No . Page -5 - 7.4 Trimming of Trees and Shrubbery. The Franchisee shall reasonably compensate the City for any damages , in such amounts as determined by the City, caused by trimming , cutting or removing trees or shrubbery , or shall , at its own expense , replace all trees or shrubs damaged as a result of any construction, installation, repair or maintenance of the System undertaken by the Franchisee to the satisfaction of the City. 7.5 Safety and Permit Requirements. Construction, installation, repair and maintenance of the System shall be performed in an orderly and workmanlike manner. All such work shall be performed in substantial compliance with applicable federal , state , and local laws , rules and regulations, including all permit requirements and ordinances adopted by the City which are now in effect or are hereafter adopted. The System or parts thereof shall not unreasonably endanger or interfere with the safety of persons or property in the area . 7 .6 Minimum Standards. All of the construction by the Franchisee shall conform , at a minimum, to the minimum standards of the Franchisee. In the event there is a conflict between the standards adopted by the Franchisee and any applicable federal , state or local standards , including ordinances adopted by the City , the stricter standard shall apply. 7.7 Obstructions of Rights-of-way . Except in the case of an emergency , or with the approval of the City Public Works Department with the consent of the Fairhope Police Department, which consent shall not be unreasonably withheld , no Rights-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work. The Franchisee shall not so obstruct the Rights-of-way so as to interfere with the natural , free and clear passage of water through the gutters , drains , ditches or other waterways. 7.8 Safety Requirements . a) The Franchisee shall at all times employ the highest degree of care as is commensurate with the practical operation of its business and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage , injuries or nuisances to the public . b) The Franchisee shall install and maintain the System in accordance with the requirements of all applicable regulations of the City , which may be amended from time to time , and in such manner that its operations will not interfere with any installations of the City or of a public utility serving the City. c) All structures and all lines , equipment, and connections in , over, under and upon the Rights-of-way , wherever situated or located , shall at all times be kept and maintained in a safe and suitable condition and in good order and repair. d) The Franchisee shall maintain a force of employees at all times sufficient to provide safe , adequate and prompt service for the System. 7.9 Least Disruptive Technology. The Franchisee is encouraged to perform construction and maintenance of the System in a manner resulting in the least amount of damage and disruption to the Rights-of-way. The Franchisee will be required to use trenchless technology for any portion of construction or maintenance projects which lie beneath the paved or improved 9351 463v2 Page 77 of 263 Ordinance No . Page -6 - portion of any roadway to which this Franchise applies , unless otherwise approved by the City Council. The City Public Works Department may require trenchless technology in other locations , where circumstances prevent or make open-cut methods impractical. The Franchisee may use either the open-cut method or trenchless technology for construction outside the paved or improved portion of any roadway to which this Franchise applies . SECTION 8 Enforcement and Termination of Franchise. 8.1 Notice of Violation . In the event the Franchisee has not complied with the terms of this Franchise , the City shall notify the Franchisee in writing of the nature of the alleged noncompliance. 8.2 Right to Cure or Respond. The Franchisee shall have 30 days from receipt of the notice described in Section 8.1: (a) to respond to the City by contesting the assertion of noncompliance , (b) to cure such default , or ( c) in the event that, by the nature of default , such default cannot , for reasons be yond the control of the Franchisee , be cured within the 30-day period , initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that they will be completed. 8.3 Public Hearing . In the event the Franchisee fails to respond to the notice described in Section 8.1 or contests the assertion of noncompliance pursuant to the procedures set forth in Section 8.2 , or in the event the alleged default is not remedied within 30 days or by the date projected pursuant to 8.2 above , the City shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the City which is scheduled at a time not less than five business days there from. The City shall noti fy the Franchi see in writing of the time and place of such meeting and provide the Franchisee with an opportunity to be heard. 8.4 Enforcement. In the event the City , after such meeting , determines that the Franchisee is in default of any provision of this Franchise, the City may pursue any or all of the following remedies : 935 1463v2 a) Seek specific performance of any provision which reasonably lends itsel f to such a remedy; or b) Make a claim against any surety or performance bond which may be required to be posted ; or c) Restrain by injunction the default or reasonably anticipated default by the Franchisee of any provision of this Franchise; or d) Seek any other available remedy permitted at law or equity . e) In the case of a material default of this Franchise , declare the Franchise to be revoked in accordance with the following: i. The City shall give written notice to the Franchisee of its intent to re voke the Franchise on the basis of noncompliance by the Franchisee. The notice Page 78 of 263 Ordinance No . Page -7 - shall set forth the exact nature of the noncompliance . The Franchisee shall have 30 day s from such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from the Franchisee , it may then seek termination of this Franchise at a public meeting . The City shall cause to be mailed to the Franchisee , by regular mail , at least 10 days prior to such public meeting , a written notice specifying the time and place of such meeting and stating its intent to seek such termination. ii. At the designated meeting , the City shall give the Franchisee an opportunity to state its position on the matter, after which it shall determine whether or not this Franchise shall be terminated . The Franchisee may appeal such determination to the Circuit Court of Baldwin County , which shall have the power to review the decision of the City and to modify or reverse such decision as justice may require. Such appeal must be taken within 30 days of the issuance of the determination by the City. 111. The City may, in its sole discretion , take any lawful action which it deems appropriate to enforce the City 's rights under this Franchise in lieu of revocation of the Franchise . 8 .5 Impossibility of Performance. The Franchisee shall not be held in default or noncompliance with the provisions of this Franchise , nor suffer any enforcement or penalty relating thereto , where such noncompliance or alleged defaults are caused by strikes , acts of God , power outages or other events reasonably beyond its ability to control, but not the payment of fe es or damages as a result of its business or operations practices. SECTION 9 Default. Each of the following shall constitute a material default by the Franchisee: 9.1 Failure to make any payments to the City required to be made as set forth in this Franchise . 9.2 Failure to maintain a liability insurance policy , cash or other bond that is not cured within thirty (30) days following written notice to the Franchisee. 9 .3 Failure to provide or furnish any information required under this Franchise to the City that is not cured within thirty (30) days following written notice to the Franchisee. 9 .4 Any breach or violation of any ordinance , rule or regulation or any applicable safety or construction requirements or regulations that present a threat to health or safety that has not been cured within thirty (30) days written notice . 9 .5 The occurrence of any event relating to the financial status of the Franchisee which may reasonably lead to the foreclosure or other judicial or non-judicial sale of all or any material part of the Sy stem or the assets of the Franchisee. 9.6 The condemnation by a public authority , other than the City , or sale or dedication under threat or in lieu of condemnation, of all or substantially all of the facilities ; or 93 51 463v2 Page 79 of 263 Ordinance No . Page - 8 - a) If the Franchisee shall make an assignment for the benefit of creditors , shall become and be adjudicated insolvent, shall petition or apply to any tribunal for, or consent to, the appointment of, or taking possession by , a receiver , custodian, liquidator or trustee or similar official pursuant to state or local laws , ordinances or regulations of any substantial part of its property or assets , including all or any part of the System; or b) a writ of attachment , execution , distrait, levy , possession or any similar process shall be issued by any tribunal against all or any material part of the Franchisee 's property or assets; or c) any creditor of the Franchisee petitions or applies to any tribunal for the appointment of, or taking possession by, a trustee, receiver, custodian, liquidator or similar official for the Franchisee or for any material parts of the property or assets of the Franchisee under the law of any jurisdiction, whether now or hereafter in effect, and a final order, judgment or decree is entered appointing any such trustee , receiver, custodian, liquidator or similar official, or approving the petition in any such proceeding; or d) any final order, judgment or decree is entered in any proceedings against the Franchisee decreeing the voluntary or involuntary dissolution of the Franchisee. SECTION 10 Permits. Prior to any excavation within the Rights-of-way , the Franchisee shall obtain a permit from the City pursuant to this Franchise, and the work shall be performed in accordance with all applicable ordinances and codes and any subsequent ordinances or regulations that may be adopted by the City. Repair and replacement of the Rights-of-way due to the Franchisee's installation, removal, relocation, maintenance and repair of its System or facilities shall be accomplished to the satisfaction of the City . SECTION 11 Insurance and Bonds. The Franchisee sha ll maintain in full force and effect , at its own cost and expense, a comprehensive general liability insurance policy in the amount of $1,000 ,000 .00 for bodily injury and property damage per person and $3,000 ,000.00 as to each occurrence, satisfactory to the City . In addition, the Franchisee shall obtain worker's compensation coverage as required by the laws of the State of Alabama. The City shall be named as an additional insured on all ins urance policies , and the Franchisee shall provide the City with a certificate of insurance designating the City as an additional insured on each policy and extension or renewal thereof. An endorsement shall be included with the policy that states that the policy shall not be cancelled without giving thirty (30) days written notice of such cancellation to the City. Additionally , upon application for a permit to construct or repair any portion of the system the City may require the posting of a cash or corporate bond in an amount in the Building Department's discretion is necessary to ensure the prompt payment for any damage that may be caused by Franchisee or for the prosecution of the work in the event it is not completed, or completion is substandard . SECTION 12 Indemnity and Hold Harmless. The Franchisee agrees to indemnify, defend , and hold harmless the City , its elected officers , employees , agents, and representatives, against all claims, costs , losses , expenses, demands , actions , or causes of action, including reasonable attorney's fees and other costs and expenses oflitigation, which may be asserted against or incurred by the City or for which the City may be li able , which arise from the negligence or willful 93514 63 v2 Page 80 of 263 Ordinance No . Page -9 - misconduct , of the Franchisee , it s employees , agents , or subcontractors ansmg out of the construction, operation, maintenance , upgrade , repair or removal of Facilities except for those claims , costs , losses, expenses , demands , actions , or causes of action which arise solely from the negligence , willful misconduct , or other fault of the City . The City does not and shall not waive any rights against the Franchisee which it may have by reason of this indemnification, or because of the acceptance by , or the Franchisee 's deposit with the City of any of the insurance policies , cash or bond described in this Franchise. The indemnification by the Franchisee shall apply to all damages , penalties and claims of any kind , regardless of whether any insurance policy shall have been determined to be applicable to any such damages or claims for damages . SECTION 13 Disclaimer of Warranties . The City makes no representation or warranty regarding its rights to authorize the installation or operation of the System on any particular right- of-way , and the burden and responsi bility for making such determination in advance of the installation shall be upon the Franchisee . This Franchise shall not be construed to deprive the City of any rights or privileges which it now has, or may hereafter have , to regulate the use and control of its streets. SECTION 14 Warranties and Representations. The Franchisee hereby agrees, represents and warrants that it is legally authorized to accept this Franchise in accordance with all applicable laws , rules and re gulations. Furthermore , the Franchisee further agrees , represents and warrants that this Franchise is legal , valid and binding , and that it is required to obtain authorization and consent from the City prior to the construction, installation, operation or maintenance of the System. SECTION 15 Other Obligations. Obtaining a franchise does not relieve the Franchisee of its duty to obtain all other necessary permits , licenses , authority and the payment of fees required by any other City , county , state or federal rules , laws or regulations , and the Franchisee is responsible for all work done in the Right s-of-way pursuant to this Franchise, regardless of who performs the work . SECTION 16 Payment of Costs. The Franchisee shall be responsible for all costs associated with the installation, repair and maintenance of the System and all associated equipment including, but not limited to (1) the costs to repair the Rights-of-way due to the installation, repair and maintenance of the System, and (2) the costs incurred in removing or relocating any portion of the System or facilities constructed when required by the City. Additionally , the Franchisee agrees to be solely responsible for an y and all damages to other users of the Rights-of-way within the City caused by Franchisee 's use of said Rights-of-way. SECTION 17 Priority of Use. This Franchise does not establish any priority for the use of the Rights-of-way by the Franchisee or any present or future Franchisees or permit holders . In the event of any dispute as to the priority of use of the Rights-of-way , the first priority shall be to the public generally , the second priority to the City , the third priority to the State of Alabama and its political subdivisions in the performance of their various functions , and thereafter, as between Franchisee 's and other permit holders , as determined by the City in the exercise of its powers , including the police powers and other powers reserved to and conferred on it by the State of Alabama. 935 l4 63v2 Page 81 of 263 Ordinance No. Page -10 - SECTION 18 Notice. Every notice or response required by this Franchise to be served upon the City or the Franchisee shall be in writing and shall be deemed to have been duly gi ven to the required party three (3) business days after having been posted in a properly sealed and correctly addressed envelope when hand delivered or sent by certified or registered mail , postage prepaid as follows : The notices or responses to the City shall be addressed as follows: City of Fairhope Attn: Mayor 161 orth Section Street Fairhope , Alabama 36532 Via U.S. Mail -City of Fairhope , Alabama Attn: Mayor Post Office Drawer 429 Fairhope , Alabama 36533 The notices or responses to the Franchisee shall be addressed as follows: Uniti Fiber GulfCo LLC or Southern Light, LLC (as applicable) ATTN: Kelly A. McGriff, Esq . Vice President and Deputy General Counsel Uniti Group Inc. 107 St. Francis Street, Suite 1800 Mobile , Alabama 36602 SECTION 19 Add ress Changes. The City and The Franchisee may designate such other address or addresses from time to time by giving written notice to the other party as set forth in this section. SECTI ON 20 A ppli cation. The terms and conditions contained in this Franchise shall appl y to all areas within the corporate limits of the City and those areas annexed by the City after the passage and approval of this Ordinance. SECTI ON 21 Acceptance. The Franchisee shall accept this Franchise within thirty (30) da ys of the City's date of adoption and shall be accompanied by a check made payable to the City in the amount of Two Thousand Five Hundred Dollars ($2 ,500.00), as an acceptance fee , along with insurance certificates , applications , acceptance fees and performance bonds or other requirements relating to commencement of construction as set forth in this Franchise. SECTI ON 22 Ass ignm ent. The Franchisee 's interest in this Franchise shall not be sold , transferred , assigned or otherwise encumbered or disposed of, either by forced or voluntary sale or otherwise , without the prior written consent of the City Council. The City reserves the right to be reimbursed by the Franchisee for costs incurred by it in reviewing the request for transfer of ownership. SECTI ON 23 Misce ll aneo us. Words of any gender used in this Franchise shall be held and construed to include any other gender, and words in singular number shall be held to include the plural and vice versa , unless context requires otherwise . The captions used in connection with the sections of this Franchise are for convenience only and shall not be deemed to construe or limit the meaning of the language contained in this Franchise or be used in interpreting the meanings and provisions of this Franchise. 935 1463v2 Page 82 of 263 Ordinance No . Page -11 - SECTION 24 Rules of Construction. The parties hereto acknowledge that each party and its counsel have had the opportunity to review and revise this Franchise , and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Franchise or any amendments or exhibits thereto. SECTION 25 Governing Law. This Franchise shall be deemed to have been made in the State of Alabama and the validity of the same , its construction, interpretation, enforcement and the rights of the parties hereunder , shall be determin ed under, governe d by and construed in accordance with the substantive laws of the State of Alabama , without giving effect to any choice of law provisions arising there under. SECTION 26 Severability Clause. If any part, section or subdivision of this Ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Ordinance , which shall continue in full force and effect notwithstanding such holding. SECTION 27 Joint and Several Liability Under Franchise. Franchisee and Southern Light agree that they are jointly and severally liable for, and absolutely and unconditionally guarantee to City the prompt payment and performance of, all obligations under this Franchise. Franchisee and Southern Light agree that the guarantee obligations hereunder constitute a continuing guarantee that such obligations under this Franchise shall not be discharged until full payment or performance of the obligations , and that such obligations are absolute and unconditional , irrespective of the absence of any action by the City to enforce this Franchise , or any waiver or consent of any kind by the City, or any other action or circumstances that might otherwise constitute a legal or equitable discharge , accept full payment or performance of all obligations under this Franchise. SECTION 28 Repeal Clause. Any Ordinance heretofore adopted by the City Council of the City of Fairhope , Alabama, which is in conflict with this Ordinance is hereby repealed to the extent of such conflict. SECTION 29 Effective Date. This Ordinance shall become effect ive only upon receipt of a written unconditional acceptance by the Franchisee of the terms and conditions contained herein within thirty (30) days of the passage of this Ordinance. SIGNATURE PAGE TO FOLLOW 93 51 463v2 Page 83 of 263 Ordinance No. Page -12- ATTEST: Lisa a. Hanks, MMC City Clerk Southern Light, LLC ADOPTED THIS ADOPTED THIS Signed: � � '�� ) �7 Name: \.<JJ L� \\. �c.G,�,r-P-� Title: �? � \)Z� GZN la\JNSC. L Date: 0\ I\\,� 24 9351463v2 DAY OF ____ , 2024 CITY OF FAIRHOPE, ALABAMA Corey Martin, Council President DAY OF , 2024---- Sherry Sullivan, Mayor Uniti Fiber GulfCo LLC Signed \�-:\MI \ I'.\=:>.. , Name: 'AL4i �. �� �lH- Title: V � ', .i)t,? G,E. N Ct, o N Sl.. L­ Date: D) �\Jg '.2..4 Page 84 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-567 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: An Ordinance to amend Ordinance No. 1513; and to repeal Ordinance No. 1730: Article III. Board of Advisors; Section 1 of the Fairhope Recreation Board's By-Laws; changing the Planning Jurisdiction to Police Jurisdiction. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt the Ordinance to amend Ordinance No. 1513; and to repeal Ordinance No. 1730: Article III. Board of Advisors; Section 1 of the Fairhope Recreation Board's By-Laws; changing the Planning Jurisdiction to Police Jurisdiction. 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 85 of 263 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1513; AND TO REPEAL ORDINANCE NO. 1730: ARTICLE III. BOARD OF ADVISORS; SECTION 1 OF THE FAIRHOPE RECREATION BOARD’S BY-LAWS ARTICLE III. BOARD OF ADVISORS Section 1. The Board of Advisors shall consist of at least five (5) members but not more than nine (9) members. All members shall reside in the Police Jurisdiction but at least half of the members must reside in the City limits. Members of the Board shall serve with no compensation. Two members of the City Council will serve on the Board as ex-officio members. The Director of Parks and Recreation will be an ex-officio member of the Board and will attend monthly meetings. Ex-officio members do not have voting privileges. The Balance of Article III. Board of Advisors remains as written and codified. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Sherry Sullivan, Mayor Page 86 of 263 ORDINANCE NO. 1513 AN ORDINANCE TO ESTABLISH THE BY-LAWS OF THE FAIRHOPE RECREATION BOARD ARTICLE I. NAME The name of this organization shall be the Fairhope Recreation Board and it shall be an unincorporated board of the City ofFairhope . ARTICLE II. PURPOSE The Recreation Board shall be responsible for the direction and promotion of the City of Fairhope recreation programs and serve as advisors to the Mayor and Fairhope City Council on activities involving recreation, recreational programs and City parks. The Board will develop and maintain a Five Year Recreation Investment Plan to provide recommendations to the Mayor and City Council on recreational needs and activities within the City. ARTICLE ill. BOARD OF ADVISORS Section 1. The Board of Advisors shall consist of at least five (5) members but not more than nine (9) members. All members shall reside in the planning jurisdiction but at least half of the members must reside in the City limits. Members of the Board shall serve with no compensation . Two members of the City Council will also serve on the Board as ex- officio members . The Director of Parks and Recreation and the Director of Community Affairs and Recreation will be ex-officio members of the Board and will attend monthly meetings. All recreation league presidents will also be considered ex-officio members of the Board. Section 2. The Board of Advisors shall be appointed to the Board by the Fairhope City Council and will serve five year, rotating terms. Members of the Recreation Board first shall be appointed as follows: One for a term of one year; one for a term of two years; one for a term of three years; one for a term of four years; and one for a term of five years. Any members, in excess of five , shall initially be appointed as follows: The sixth member shall be appointed for a term of one year ; the seventh member shall be appointed for a term of two years; the eighth member shall be appointed for a term of three years; and the ninth member shall be appointed for a term of four years. As the terms of members expire, their successors shall be selected for terms of five years each. Vacancies in unexpired terms shall be filled in the same manner as original appointments are made . The Recreation Board will make recommendations to fill vacancies to the Mayor and City Council for appointment. Section 3. Any member of the Board who shall be absent from three regular meetings of the Board during a fiscal year without satisfactory explanation, shall be considered upon the third absence, to have submitted his/her resignation from the Board . Section 4. The Board shall elect from its membership a chairman and such officers as it deems necessary to serve at its pleasure . ARTICLE IV. MEETINGS Section 1. The Board will meet monthly on the third Wednesday of each month or as stated in the meeting public notice . Page 87 of 263 Ordinance No. 1513 Page -2- Section 2. A mandatory meeting will be held once yearly in the first quarter of the year with recreational league presidents for the purpose of collecting required financial statements and insurance from league officials, to review budget requests, policy and regulatory changes, and coordinate events between the different leagues. Section 3. Special meetings may be called at the request of the Chairperson or a minimum of three members of the Board. Section 4. A minimum of four members must be present at a Board meeting to constitute a quorum. ARTICLE V. DUTIES OF OFFICERS Chairperson of the Board. The Chairperson shall preside at all meetings and be an ex- officio member of all committees . The Chairperson shall call special meetings when needed . The Chairperson shall appoint all committee chairpersons with the approval of the Board. ARTICLE VI. PARLIAMENTARY AUTHORITY Roberts Rules of Order, revised, shall govern the proceedings of all meetings of the organization. ARTICLE VII. AMENDMENTS The by-laws may be recommended for amendment or alteration, by a majority vote of the Members then in office, provided notice of proposed changes are distributed to each Board Member at least 30 days prior to such meeting. Recommended amendments or alterations to the by-laws will be submitted to the City Council for approval. SEVERABILITY. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. EFFECTIVE DATE. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 28TH DAY OF APRIL, 2014 It-·~ t, Mayor Attest:· City Clerk Page 88 of 263 ORD INANCE N O. 1730 AN ORD INANCE T O AMEND ORD INANCE N O. 15 13: AR TICLE III. BO ARD OF AD VIS ORS; SE CTIO N 1 OF THE FAIRHOPE RECRE ATI ON BOARD 'S BY -LAW S ARTICLE III . B O ARD OF ADVIS ORS Sec tio n 1. The Board of Advisors shall consist of at least five (5) members but not more than nine (9) members . All members shall reside in the planning jurisdiction but at least half of the members must reside in the City limits . Members of the Board shall serve with no compensation. Two members of the City Council will serve on the Board as ex-officio members. The Director of Parks and Recreation will be an ex-officio memb er of the Board and will attend monthly meetings. Ex-officio members do not have voting privileges . The Balance of Article III. Board of Advisors remains as written and codified. SEVERABIL ITY. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase , clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause , sentence, paragraph or section. EFFECTI VE DATE. This ordinance shall take effect upon its due adoption and publication as required by law . ADOPTED THIS 27TH DAY OF SEPTEMBER, 2021 Attest: Y-lzl/aL ~s,MivfC City Clerk Page 89 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-578 FROM: SUBJECT: Planning Director, Hunter Simmons, is requesting Mayor Sherry Sullivan execute the Agreement for the Cooperative Maintenance of Public Right of Way with Corte, Cave/Mitchell 1, LLC AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt Resolution that the City Council authorizes Mayor Sherry Sullivan to execute the Agreement for the Cooperative Maintenance of Public Right of Way with Corte, Cave/Mitchell 1, LLC BACKGROUND INFORMATION: Agenda Item 10 is a standard Resolution to accept certain public infrastructure in Planter's Pointe Subdivision. Within the ROW exists landscape areas that will be maintained by the owner. Private sewer lines are also located within the public ROW. In addition to the landscape maintenance, this Agreement requires the owner to repair, or pay for the repair, of our streets, sidewalks, utilities, landscape, etc. Agenda Item 9 & 10 are intrinsically linked. 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: Page 90 of 263 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 91 of 263 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Agreement for the Cooperative Maintenance of Public Right of Way” with Corte, Cave/Mitchell 1, LLC (“Owner”), said document setting forth the terms and conditions under which private landscape areas and private sewer lines will be maintained and repaired. Adopted this 12th day of August, 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 92 of 263 CITYOFFAIRHOPEAGREEMENTFORTHECOOPERATIVEMAINTENANCEOFPUBLICRIGHTOFWAYTHISAGREEMENT,enteredintothisthe‘dayof‘‘20__,byandbetweentheCityofFairhopeactingbyandthroughitsMayororherAuthorizedAgent(hereinafterreferredtoasthe“CITY”)andCorte,Cave/Mitchell1,LLC,anAlabamalimitedliabilitycompany(hereinafterrefrredtoas“OWNER”)inanefforttosecureamorepleasingappearanceontheroadsideandensurethepermanentongoingoperationandmaintenanceofprivatesewerinfrastructureinstalledwithinthepublicright-of-wayofRockwellBLVD(hereinafterthe“ROW”),theOWNERagreestomaintainthedecorativelandscapeandgroundcoverintheareasdenotedintheattachedexhibitandissolelyresponsiblefortheoperationndmaintenanceofthe,privatesewer.Inacceptingtheabove,theCITYandtheOWNERagreeasfollows:TheOWNERisresponsiblefortheperpetualmaintenance,atitscost,ofthelandscapedincludingbutnotlimitedto:Landscapeareasaretobemaintainedbymeansofmowingwithaflailorrotarymower,edging,pruningandhandtrimmingsuchthatacleanandattractiveappearanceisobtainedandmaintainedtoahighstandard.b.Weedingandlandscapemaintenanceshallbeconductedbi-monthly(minimal)andwithgreaterfrequencywhentherateofplantgrowthisgreater.c.Alldeadplantmaterialwillberemovedfromlandscapeareasbi-monthly.d.AnnualsandPerennialflowersshallbemaintainedtomaximizebloomsandcolor.Theyshallbeprunedorremovedandreplacedbasedontheirrequiredgrowingseason.e.Intheeventthatshrubsand/orminortreesareplantedwithinthearea,trimmingaroundtheplantmaterialsshallbedoneinconjunctionwithmowingtoobtainacleanandattractiveappearance.f.Allbedswillberefreshedwithmulchorstrawonaquarterlybasis.CityofFairhopeRoadName:RockwellBLVDResolutionNumber:_______________________________AssociatedDocuments:SubdiviionPlat,MaintenanceExhibitI.areas,a.Page 93 of 263 g.Allclippingsorotherincidentaldebris(suchasbranches,trash,etc.)shallberemovedandproperlydisposedofattheexpenseoftheOWNER.Nopilingofdebris,trash,clippingsorotherwastematerialsisallowedontheROW.6.AllworkshallbesubjecttotheinspectionandapprovaloftheCITY.Adescriptionoftheproposedworkmustaccompanythisandanyassociatedproposal.ShouldtheOWNERfailtoconformtotheprovisionsoftheAgreement,suchfailureshallbegroundsfOrterminationandshallbecausefortheCITYtoassumethemaintenanceattheOWNERsexpenseand/orremovetheworkandrestoretheROWtotheCITY’ssatisfactionattheexpenseoftheOWNER.TheOWNERagreestopaytheCITYallsuchcostsasaresult.TheCITYshallprovidethirty(30)days’writtennoticeofanytermination.7.AcopyofthisAgreementmustbekeptbyallpartiesthatsigntheAgreement.NothinginthisAgreementgrantstheOWNERanyright,title,interest,orclaimtoanyROWthatisthesubjectofthisAgreement.8.TheOWNERagreesthatitwillnotallowanystorageorplacementofequipment,branches,moundsofclippingsorplantdebrisofanykindoranyothermaterialontheshouldersof2.AsalsosetforthintheUtilityConnectionAgreementexecutedbetweentheOWNERonDecember6,2023andtheCITYonNovember28,2023,theOWNERisresponsibleforthepermanentoperationandmaintenance,atitsowncost,oftheprivatesewerinfrastructure,andtheseresponsibilitiesinclude,butarenotlimitedto:a.Alwaysmaintainingthesystemingoodworkingorder.b.Allplannedrepairs,systemimprovementsandintrusivemaintenanceactivitieswillrequireanapprovedROWPermitfromtheCITYpriortothecommencementofwork.c.Emergencyrepairsandmaintenanceshallbeaddressedinatimelyfashionandanafter-the-factROWpermitfromtheCITYshallbeappliedforwithinonebusinessdayoftheemergencyeventdRoadwayshallbesafelypassablewithtemporaryworkwithin24hoursofthemaintenance/repairandpermanentrepairsshallbesubstantiallycompletewithin5businessdayseAllpermanentworkshallrestorethefullROWtoasdesignedandasbuiltconditions3TheOWNERwillensurethatadequatesightdistancesaremaintainedformaximumpublicsafety;otherwise,theCITYreservestherighttoremedythissituationinthemostexpedientmannerintheinterestofpublicsafetyatthesolecostandexpenseofOWNER.4.TheCITYisnotresponsibleforthesafetyoftheindividual(s)involvedortakingpartinthisworkduringmaintenance,repairandlorimprovementsoperationsSignsusedmustbeinaccordancewiththelatestversionoftheMUTCDcurrentlyinusebytheCITY5IfCITYconstruction(repair/maintenance/improvementsofdrainageandtrafficstructures,crossoversandotherminorconstruction)isdoneinthesubjectarea,itwillbetheresponsibilityoftheCITYtoestablishastandofvegetativecoverasnecessaryforsoilanderosioncontrol.ItwillbetheOWNER’sresponsibilitytorestoreandmaintainthelandscapeareastipulatedherein.Intheeventofmajorconstruction(fullredevelopment)inthesubjectarea,thisAgreementmaybevoided,allorinpart,atanytimedesignatedbytheCITY.Page 94 of 263 pavementandinthecaseofmulti-lanehighways,inthemedianstrips.Thepavementwillbekeptfreefromwaste(clippings,mudandotherdebris)andequipment.9.Atitsowncostandexpense,OWNERagreestocomplywithallapplicablelaws,ordinances,regulations,rules,andordersofanyfederal,state,orlocalregulationofanygovernmentalbodyhavejurisdictionwithrespecttotheROWand/ortheperformanceofthisAgreement.10.TheOWNERwillprovidelitterpickupasneededtoinsureapleasingappearancealongtheroadside.11.TheOWNERmayperformanyherbicidetreatmentsnecessarytomaintaintheappearanceoftheroadsidewithwrittenpermissionfromtheCITY.Thisincludesbutisnotlimitedtoconcreteislands,medianbarriers,curbs,andotherstructures.HerbicidetreatmentsshallconformtotheguidelinesfoundinthecurrenteditionofChapterIV-ALDOTHerbicideTreatmentRecommendations:andbeappliedbyanindividual-inpossessionofacurrentCommercialApplicatorPermit(ROWcategory)issuedbytheAlabamaDepartmentofAgriculture&Industries.DailyapplicationreportsshallbemadeavailableforreviewbytheCITYuponrequest.12.ByenteringintothisAgreement,theOWNERisnotanagentorjointventureoftheCITY,oritsofficers,officials,employees,agents,orassignsTheOWNERisanindependententityseparatefromtheCITYandnothinginthisAgreementcreatesanagencyrelationshipbetweentheParties.13.Tothefullestextentpermissibleunderthelaw,theOWNERagreestoberesponsibleforanydamagetoproperty,Injury,ordeathcausedbyorasaresultofanyactivitiesoftheOWNER,itsemployees,agents,contractors,orassignsinconnectionwiththeworkorservicesoftheOWNERrcquiredunderthisAgrcement.TheOWNERagreesthatitscontractors,subcontractors,agents,servants,vendorsandemployeesshallpossesstheexperience,knowledgeandskillnecessarytoperformtheparticulardutiesrequiredornecessaryunderthisAgreementTothefullestextentpermissibleunderthelaw,theOWNERshalldefend,indemnify,andholdharmlesstheCITY,itsofficers,officials,agents,servants,andcmployees,inboththeirofficialandindividualcapacities,fromandagainst(1)claims,damages,losses,andexpenses,includingbutnotlimitedtoattorneys’feesarisingoutof,connectedwith,resultingfromorrelatedtotheworkperformedbytheOWNER,oritsofficers,employees,contractors,agents,orassigns;(2)theprovisionofanyservicesorexpenditureoffundsrequired,authorized,orundertakenbytheOWNERpursuanttothetermsofthisAgreement;and(3)anydamage,loss,expense,bodilyinjuryordeath,ordestructionofpropertyincludinglossofusetherefrom,withallcosts,expenses,andattorneys’feescausedbythenegligent,carelessorunskillfulactsoftheOWNERanditsagents,servants,contractors,representatives,assigns,employees,oranyoneforwhoseactstheOWNERand/ortheCITYmaybeliable.14.InadditiontotherightsandremediesoftheCITYsetforthherein,theCITYshallhavesuchotherrightsandremediesasareavailableatlaworinequity,includingbutnotlimitedtotherighttospecificperformanceofthisAgreementandtherecoveryofattorney’sfeesnecessaryfortheenforcementofthisAgreement.15.NothingcontainedinthisAgreement,orinitsexecution,shallbeconstruedtoalteroraffectthetitleoftheCITYtothepublicright-of-waynortoincrease,decreaseormodifyPage 95 of 263 inanywaytherightsoftheOWNERinperformanceofthesemaintenanceactivities.16.OWNERshallhavetherighttoassignitsrespectiverights,duties,andobligationsunderthisAgreementtoathird-partypurchaserortoanentitythatiscontrolledbyanother,provided,however,thatnotwithstandinganysuchassignment,sale,ortransfer,OWNERshallnotbereleasedfromthisAgreementandshallotherwiseremainresponsibleforitsrespectiveobligationsandliabilitycontainedinorarisingfromthisAgreement.17.ThisAgreementrunswiththeland,mayberecordedintheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama.ThetermsofthisAgreementshallinuretothebenefitofandbebindinguponthepartiesheretoand,withrespecttoOWNER,itssuccessorsandassignswhichmaybecomeownersoftheprivatesewerinfrastructuremaintainedwithintheROW.18.BysigningthisAgreement,theOWNERaffirms,forthedurationoftheAgreement,thatitwillnotviolatefederalimmigrationlaworknowinglyemploy,hireforemployment,orcontinuetoemployanunauthorizedalienwithintheCITYofFAIRHOPE.Furthermore,acontractingpartyfoundtobeinviolationofthisprovisionshallbedeemedinbreachoftheAgreementanditshallberesponsibleforalldamagesresultingtherefrom.19.ThisAgreementmaybeexecutedinidenticalcounterparts,anyorallofwhichmaycontainsignaturesfromfewerthanallofthepartiesbutallofwhichtakentogethershallconstituteasingleinstrument.Page 96 of 263 ThisAgreementisdeemedtobeexecutedonthedatehereinabovesetforthbythepartiesheretointheirrespectivenamesbythosepersonsandofficialsthereuntodulyauthorized.Witnessourhandsandseals,thisthe_______dayof,2OBy:LegalameofOWNER•AuthorizedSignatureanTitleforOWNERTypedorPrintedNameofSignee2g/3AddressLineI.AddressLineIZ(3/3—iôfoTelephoneNumberW-L&IiE((‘rn\ContactEmailAddressPage 97 of 263 “AREAOFMAINTENANCE”ccCOIIONAREAT1HNGHTOF%YAREASNAILBEThERESPOWBtJWOFLDTIcMI4N—O53O6--W118.068,4’‘20BSL10’BS!..C,Page 98 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-565 FROM: Hunter Simmons SUBJECT: Planning Director, Hunter Simmons, is requesting acceptance of the public infrastructure within Planter Pointe Subdivision. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt Resolution that the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC. BACKGROUND INFORMATION: There is a corresponding Cooperative Maintenance Agreement for Planters Pointe on the agenda as-well. 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 99 of 263 RESOLUTION NO. _______ WHEREAS, the Owners of Planters Pointe Subdivision desire to have all public streets and public right-of-ways dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama, on Slide 2954-B, and all Fairhope public utilities located in public right- of-ways and as specifically shown in easements on the recorded plat accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the City of Fairhope, Alabama, has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements, and; WHEREAS, the Public Works Director has indicated that the improvements meet City requirements, and; WHEREAS, the City of Fairhope, Alabama, has received from the owners of Planters Pointe Subdivision, the subdivision performance bond for the public improvements constructed for a period of 2 years, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements indicated herein for Planters Pointe Subdivision are hereby accepted for public maintenance subject to the bond posted; and authorizes Mayor Sherry Sullivan to execute the Maintenance and Guaranty Agreement between the City of Fairhope and Corte, Cave/Mitchell 1, LLC (the “Subdivider”). BE IT FURTHER RESOLVED this resolution of acceptance shall not obligate the City of Fairhope to maintain any utility or drainage facilities outside the limits of the right-of-way of the public streets, or any irrigation systems installed within the right-of-way of public streets, whether or not such may be located within dedicated easements in any of these developments. Adopted this 12th day of August, 2024 _____________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 100 of 263 MAINTENANCEANDGUARANTYAGREEMENTTHISMAINTENANCEAJ’JDGUARANTYAGREEMENT(this“Agreement”)ismadeandenteredintobyandbetweenCorte.Cave/Mitchell1.LLC(the“Subdivider”),andtheCityofFairhope,Alabama(the“CityofFairhope”)(the“City”)(theSubdivider,andtheCityaresometimeshereinafterreferredtosingularlyasa“Party”andcollectivelyasthe“Parties”),onthefollowingrecitals,terms,andconditions:WHEREAS,theSubdivideristhedeveloperofPlantersPointeSubdivision(the“Subdivision”),whichSubdivisionisrecordedasInstrumentNumber_______intherecordsoftheOfficeoftheJudgeofProbateofBaldwinCounty,Alabama;WHEREAS,itiscontemplatedthatpriortotheCityacceptingformaintenancethosecertainitemssetforthonExhibit“A”attachedhereto(the“Improvements”),theSubdividerwillberesponsibleformaintainingtheImprovementsforaperiodoftwo(2)years(the“MaintenancePeriod”)fromandaftertheEffectiveDate(hereinafterdefined),andthattheImprovementswillbefreefromdefectsarisingduringtheMaintenancePeriod,orthereafterincertaincircumstancesasspecifiedinthisthisAgreement;NOW,THEREFORE,inconsiderationofthepremisesandthemutualcovenantscontainedherein,thereceipt,adequacyandsufficiencyofwhichareherebyacknowledged,thepartieshereto,intendingtobelcgallybound,doherebycovenantandagreeasfollows:1.Recitals.TheaboverecitalsshallbeincludedaspartofthisAgreementasnecessarycontingenciesandasiffullysetforthherein.2.MaintenanceandGuarantiofImprovements.TheSubdividershallmaintaintheImprovementsduringtheMaintenancePeriodandshallkeeptheImprovementsingoodandworkingorder,normalwearandtearexcepted.TheSubdividerherebyguaranteesandwarrantstheImprovementsandtheworkmanshipassociatedwiththeconstructionandinstallationoftheImprovementsuntiltheexpirationoftheMaintenancePeriod,andthereafterasspecifiedbelow.IntheeventanydefectintheImprovementsand/ortheworkmanshipassociatedwiththeconstructionandinstallationoftheimprovements(a“Defect”)arises,inwholeorinpart,duringtheMaintenancePeriod,theSubdividershallberesponsiblecorrectingthesame.DuringtheMaintenancePeriodtheSubdividershallmonitorandinspecttheImprovementsandshallremedyanyDefectofwhichitinanymannerbecomesawarewithintendaysofbecomingsoaware,exceptthatintheeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.Notlessthan30daysormorethan60daysbeforeexpirationoftheMaintenancePeriodtheSubdividershallschedulewiththeCity’sBuildingOfficial,orhisdesignee,ajointinspectionoftheImprovementsbytheSubdividerandCity.TheCitywillgivetheSubdivideraNoticeofDefectsidentifiedasaresultofsuchinspectionwithin15daysoftheinspection.AnyandallDefect(s)soidentifiedbytheCityshallberemediedbytheSubdividerwithintendaysoftheNoticeofDefects,exceptthatinPage1of52132202Page 101 of 263 theeventaDefectisnotcapableofbeingremediedwithinsaidten-dayperiod,theSubdividershallhavesuchtimeasisreasonablynecessarytoremedysuchDefectsolongastheSubdividerhascommenceditsremedialeffortswithinsuchten-dayperiodandpursuescompletionofsuchremedialeffortswithduediligence.However,anyandallDefectsidentifiedbytheCityshallbecomplete’yremedied,tothecompletesatisfactionoftheCity,priortoacceptanceoftheImprovementsbytheCity.Additionally,intheeventotherDefectsariseafterexpirationoftheMaintenancePeriod,butpriortoallDefectsidentifiedbytheCityintheNoticeofDefectsbeingcompletelyremediedbytheSubdivider,theSubdividershallberesponsibleforremedyingsuchotherDefect(s),inlikemannerassetforthabove,priortotheCityacceptingtheImprovements.itistheintentofthisAgreementthattherebenoDefect(s)intheImprovementsatthetimetheCityacceptsthesame.3.FinancialGuarantyofPerformance.AsaconditiontotheCityagreeingtoenterintothisAgreement,theSubdividershallprovidetheCitywithanacceptablesurety/financialguaranteeof.thepaymentandperformanceofitsobligationshereunder(the“Guaranty”).TheGuarantyshallbeprovidedbyasuretyandshallbeinaformthatisacceptabletotheCityinitssoleandabsolutediscretionandshallbeinanamountof$387,709.88.Intheeventtheforegoingconditionprecedentis.notsatisfiedwithinThirty(30)daysoftheEffectiveDate,theobligationoftheCitytoaccepttheImprovementsformaintenanceunderSection4hereofshallterminateandbeofnofurtherforceoreffect.4.CitytoAcceptImprovementsforMaintenance.tJponexpirationoftheMaintenancePeriod,andprovidedthattheSubdividerhasfullyperformedunderthisAgreement,theCityshallacceptmaintenanceoftheImprovements.5.FailuretoPerform.IntheeventtheSubdividershallfailinwholeorinparttoperformanyterm,covenantorconditionofthisAgreementorintheeventofaDefect(a“Default”),theCitymayissueawrittennoticeofdefaulttotheSubdivider(a“NoticeofDefault”).IftheSubdividerhasnotcuredtheDefaultwithinten(10)daysofitsreceiptoftheNoticeofDefault,theCityshallhavetherighttotakeanyorallofthefollowingactions:(a)complete/remedyanyDefault,including,withoutlimitation,therighttocureanyDefect,atthesolecostandexpenseoftheSubdivider;(b)callonorotherwiseexerciseitsrightsundertheGuaranty;and/or(c)exerciseanyotherrightorremedyavailabletotheCityatlaworinequity,includingtherighttopursueandobtainspecificperformance.IntheeventtheCityexercisesanyoftheforegoingrightsandexpendsanyfundsinconnectiontherewith,theSubdividershallreimbursetheCityforanysuchexpendedfundswithinten(10)daysofdemandforsuchfundsbytheCity.AnyfundsnotsoreimbursedbytheSubdividerwithinsaidten(10)dayperiodshallthereafteraccrueinterestattherateoftwelvepercent(12%)perannum.Page2of5Page 102 of 263 6.LegalCompliance.TheSubdividershall,atitsownexpense,complywithallapplicablelaws,ordinances,regulations,rulesandorders,whetherfederal,stateorlocal,oranyregulationofanygovernmentalbodyhavingjurisdictionovertheSubdivisionortheSubdividerwithrespecttothemaintenanceandrepairoftheImprovements,regardlessofwhentheybecomeeffective.TheSubdividershallnotuse,norpermittheuseoftheImprovementsforanypurposeinviolationofsuchlaws,regulations,rulesororders.TheSubdividerrepresentsandwarrantstotheCitythattheSubdividerisactingwithfullandlegalauthoritywithrespecttotheImprovements.7.indemnification.TheSubdividershallindemnify,defendandholdharmlesstheCityanditsaffiliates,electedofficials,employees,agents,representatives,contractors,subcontractors,licenseesandinviteesfromandagainstanyandallclaims,violationsoflaw,demands,liabilities,damages,losses,judgments,costs,andexpensesincluding,withoutlimitation,attorneys’fees,arisingoutoforotherwiserelatedtoanyapprovaloractivityconductedby,oranyactoromissionof,theSubdividermadeortakenpursuanttothisAgreement.8.ResponsibilityForAgen.TheSubdividershallberesponsibleforcompliancebyitsengineers,architects,contractors,subcontractors,employees,agents,andrepresentatives(collectively,the“Representatives”)withthetermsofthisAgreementandforallactsoromissionsbyanyoralloftheRepresentativesrelatingtotheobligationsoftheSubdividerherein.9.iggmeit.TheSubdividershallnothavetherighttoassignthisAgreementoranyrightsorobligationshereunderwithouttheCity’spriorwrittenconsent,whichconsentmaybewithheldinthesoleandabsolutediscretionoftheCity.Anyattemptedassignmentshallbevoid.NoassignmentshallrelievetheSubdividerofitsliabilitiesandobligationsherein.10.Agency.ItisneithertheexpressnortheimpliedintentofthePartiestocreateanagencyrelationshippursuanttothisAgreement;therefore,anyactionsofthePartiesshallnotbeconsideredorimpliedtocreatesuchagency.11.NoWaiver.ThefailureoftheCitytoinsistuponastrictperformanceofanyoftheterms,conditionsandcovenantshereinshallnotbedeemedawaiverofanysubsequentbreachordefaultintheterms,conditionsandcovenantshereincontained.12.EntireAgreement.ThisAgreementembodiestheentireagreementandunderstandingofthePartieswithrespecttotheconstructionoftheImprovementsandtherearenofurtherorprioragreementsorunderstandings,writtenororal,ineffectbetweenthePartiesrelatingtothesubjectmatterhereof.13.NoEndorsement.TheCityinnowaywhatsoeverisdeemedtohaveapproved,provided,given,orallowedtobegivenanyauthorization,endorsement,approval,orconsentofthebusinesspractices,actionsorbehavioroftheSubdivider.ThisAgreement,and/ortheproceduresapprovingthesame,isnowaytobeconsideredasasubstituteforanyregulations,Page3of5Page 103 of 263 procedureorotherrequirementoftheCity.ItisthesoleresponsibilityoftheSubdividertocomplyortoensureitsowncompliancewithanylocal,state,orfederallaworregulation.14.GoverningLaw.ThisAgreementshallbegovernedbyandconstruedinaccordancewiththelawsoftheStateofAlabama,withoutregardtoitsconflictsoflawprinciples.15.ev’sFees.IntheeventtheCityinitiateslitigationoranyotherlegalproceedingforpurposesofenforcingitsrights,dutiesandobligationshereunderandistheprevailingpartyinanysuchlitigationorotherlegalproceeding,theCityshallbeentitledtotherecoveiyofitsattorney’sfeesinadditiontoanyotherremedyprovidedhereunder.16.ounterparts.ThisAgreementmaybeexecutedinoneormorecounterpartsandbythedifferentpartiesheretounderseparatecounterparts,anyoneofwhichneednotcontainthesignaturesofmorethanoneparty,butallofwhichwhentakentogethershallconstituteoneandthesameinstrumentnotwithstandingthatallpartieshavenotsignedthesamecounterparthereof.17.jjcgjn’s.ThesectionheadingscontainedinthisAgreementareinsertedasamatterofconvenienceandshallnot,affectinanywaythe,constructionofthetermsofthisAgreement.18.EffectiveDate.Asusedherein,theterm“EffectiveDate”meansthedateofexecutionofthisAgreementbytheMayoroftheCityassetforthbelow.INWITNESSWHEREOF,theParties,havingfullauthoritytodoso,havefullyexecutedthisAgreementbyandthroughtheirrespectivedulyauthorizedrepresentativesasofthelastdateofexecutionbelow.Corte,CavtehellBy:Name:4.2c.’e-Asits:Co.11Date:_________________THECITYOFFAIRHOPE,ALABAMABy:,,,,,____AsItsMayorDate:______ATTEST:______________CityClerkPage4of5Page 104 of 263 EXHIBIT“A”TheImorovenientsThefollowinglistofitemsareincludedin“TheImprovements”:EstinntedItemNo.ItemUnitQuuntityUnitPriceTotalCRUSHEDACIG.BASECOURSE,TYPEB,PlANT301-AlMIXED,6”COMPACtEDTHICKNESSSY2,766$13.00$35,958.00405-ATACKCOATGAL307$2.50$767.5(SUPERPAVEBITUMINOUSCONCRETEWEARINGSURFACEJAYER,112MAX.AGGREGATESIZE424-AMDESALRANGECID—TON231S125.00$28,875.0SUPERPAVEBITUMINOUSCONCRETEUPPERBINDERLAYER,3/4”MAX.AGGREGATESIZEMIX424-BESALRANGECJDION312$135.0042,120.C530-A18”STORMSEWERPIPE(CI.ASSifiRC.)LF166$55.009,130.C610-ALOOSERIPRAP,ClASS2,24’THICKSY1$75.00750.610-DFILTEBLANKET,(E)TE)C1’ILESY$44618-AlCONCRErESIDEWALK,4”THICKSY36$‘16.619-A18”ROADWAYPIPEENDTRFATMB.JT.CLkSSIEACH$1,8501,50621-CTYPE“S’INLET’,1WING-.EACH5,511,000621-CTYPE“S’INLET’,2WINGEACI36,50013.000623-BCOMBINATIONCURB&GUTtERLF1,94—________$31.20650-ATOPSOIL(FROMSTOCKPILE)CY150$1,5654-ASOUl)SODDINGSY1,2006S7,200701-ASOLIDW1{ITE,CLASS1,TYPEA,TR.AFFICSTRIPELF75$2.25$1,687703-ATRAICCO1’ITROLMARK1NGS,CLASS1,TYPEASF684$7.50$5,13641-A66”Dl(C900)WATERPIPELF48S63.00$30,80700641-A76”DT(C900)SANITARYPIPELF1,08$63.00$68,040641-A78”PVC(C900)WATERPIPELF492.00S3,864641-A80’PVC/DIWATERPIPELF2,472148.00$365,856.00641-A92”DIWATERPIPE1.F1,406233.00327,598.00DUCTiLEIRONFT1N((INCLUDESRETAINER641-CGLANDS).POUND7,50018.00135,000.OQ641-DFIREHVDRANrSEACH$5,525.0049,725.00641-J26’GATEVALWSWITHI3OXEACH9$2,674.0024,066.00641-34I0GATEVALVESWITHBOXEACH6$S,62Z0033,762.00641-3412”GATEVALVESWITHBOXEACH$7,078,00‘7,078.00751-0STREET’UCMIS(INCL1JDINGEL1VR1CAL)EACH4$10,000.0040,000.00TOTAL=$1,292,356.25Page5of5Page 105 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-573 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, is requesting the procurement of professional engineering services for the review of traffic movements and intersection geometry at the intersection of Fairhope Avenue and Ingleside Street. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for Professional Engineering Services for for the review of traffic movements and intersection geometry at the intersection of Fairhope Avenue and Ingleside Street and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer is seeking to procure a professional engineering firm to review the traffic movements and intersection geometry at the intersection of Fairhope Avenue and Ingleside Street and provide recommendations for geometric improvements. The work would include the following tasks: 1. Documentation of Existing Conditions 2. Analysis of Conceptual Layouts 3. Preparation of Report Mayor Sullivan has selected Neel-Schaffer, Inc. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50290 Streets - Professional Services $0.00 $TBD $0.00 GRANT: N/A Page 106 of 263 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 107 of 263 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 PS24-033) for the Review of Traffic Movements and Intersection Geometry at the Intersection of Fairhope Avenue and Ingleside Street to Neel-Schaffer, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 108 of 263 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: July 25, 2024 Re: RFQ PS24-033 Professional Engineering Services for the Review of Traffic Movements and Intersection Geometry at the Intersection of Fairhope Avenue and Ingleside Street The City Engineer, Richard Johnson, is requesting the hiring of a professional engineering firm for the review of traffic movements and intersection geometry at the intersection of Fairhope Ave. and Ingleside St. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: 1. Documentation of existing conditions. 2. Analysis of conceptual layouts. 3. Preparation of report. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Neel Schaffer, Inc. _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Page 109 of 263 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Richard D Johnson Date: 07/23/2024 Department: Public Works - Engineering 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. Neel-Schaffer, Inc. $ 8,500.00 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? Professional Engineering Services for Intersection Safety & Functional Improvements at the intersection of Fairhope Ave. & Ingleside St. 2. What is the total cost of the item or service? $8,500.00 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): Neel Schaffer. 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? 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 110 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-582 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to procure professional engineering services to perform a feasibility study for a new 116-acre park. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the Mayor's choice of Gonzalez-Strength & Associates, Inc. for professional engineering services to perform a feasibility study for a new 116-acre park and allow the Mayor to negotiate fees. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting to procure a professional engineering firm to perform a feasibility study for a new 116-acre park. The scope of this service would include: A. Kickoff Meetings, Review Cursory Physical, Site Analysis, Site Tour & Stakeholder interviews B. Local Market & Facility Analysis C. Competitive/Comparable Sports Market & Facility Analysis D. Telephone Interviews with Local/REgional User Groups & Regional/National Sports Tournament Organizers E. SWOT (Strengths, Weaknesses, Opportunities, and Threats) Analysis F. Market Demand Analysis & Facility Recommendations G. Architectural Studies H. Conceptual Master Plans (2-3) I. Presentation of Market Feasibility Results (Market Research Findings & Facility Recommendations) Per the City "Procedure for Procuring Professional Services for Projects under $100,000.00," Director of Parks and Recreation, Pat White, and Mayor Sherry Sullivan have chosen Gonzalez-Strength & Associates, Inc. The recommendation to Council is to award the RFQ to Gonzalez-Strength & Associates, Inc. and allow the Mayor to negotiate a not-to-exceed amount. BUDGET IMPACT/FUNDING SOURCE: Page 111 of 263 Account No. Account Title Current Budget Cost Available Budget 001250- 50290 Parks - Professional Services $ $TBD $ 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 112 of 263 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 PS24-025) for a Feasibility Study for a 116-Acre Park to Gonzalez-Strength & Associates, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 113 of 263 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: August 1, 2024 Re: RFQ PS24-025 Professional Engineering Services for a Feasibility Study for a New 116 Acre Park The Director of Parks and Recreation, Pat White, is requesting the hiring of a professional engineering firm for a feasibility study for a new 116 acre park. Per our Procedure for Procuring Professional Services, Pat White, the Recreation Board, and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: Phase 1: Market Feasibility Study Phase 2: Financial Feasibility Study & Economic/Fiscal Impact Analysis Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Gonzalez-Strength & Associates, Inc. _____________ ___________ Lose Design _____________ ___________ None. Submit another list Cc: file, Pat White, Mayor Sherry Sullivan Aug 1, 2024 Page 114 of 263 Memo to choose - Feasibility Study 116 Acre Park Final Audit Report 2024-08-01 Created:2024-08-01 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAPnQKeajGrBk-UnU8pFRYn5ANl6GJhe6T "Memo to choose - Feasibility Study 116 Acre Park" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-08-01 - 7:58:57 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-08-01 - 7:59:22 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-08-01 - 8:35:12 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-08-01 - 8:35:38 PM GMT - Time Source: server Agreement completed. 2024-08-01 - 8:35:38 PM GMT Page 115 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-585 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for renovations of an existing residential building to become a public Nature Center for the Flying Creek Nature Preserve. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the award of Bid No. 24-053-2024-PWI-010 John Martin Nature Center for a not-to-exceed amount of $852.500.00. BACKGROUND INFORMATION: A service bid was issued on July 1, 2024, posted to the City of Fairhope's website, and published in three (3) statewide newspapers and Gulf Coast Media. Three (3) responsive bids were received at the bid opening on August 1, 2024 at 10:00 a.m. The City Engineer recommends the award be made to J. Payne Organization, LLC. Their low bid price for the Lump Sum Cost plus Bid Alternate #1 was as follows: Lump Sum Price (Base Bid): $826,200.00 Bid Alternate #1 (Screened Porch Addition): $26,300.00 Their low bid response price for the Base Bid plus the Bid Alternate #1 was Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55892 North Triangle House Improvements $347,638.00 $852,500.00 ($504,862.00) FY24 Budget for rehab of structure is $347,638.00. FY25 Budget will include the additional $504,862.00 for a total project budget of $852,500.00. Page 116 of 263 GRANT: ADECA Grant 1SEP DOE2 for Energy-Efficient Retrofits for Flying Creek Nature Center: $25,000.00 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 117 of 263 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. 24-053-2024-PWI-010) for John Martin Nature Center 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 John Martin Nature Center [3] After evaluating the bids with required specifications, J. Payne Organization LLC is now awarded (Bid No. 24-053-2024-PWI-010) to John Martin Nature Center for a bid proposal not-to-exceed $852,500.00 DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 118 of 263 W A T E R S H E D, Building Sustainability 302 Magnolia Avenue Fairhope, AL www.watershed.pro 251.929.0514 August 2, 2024 Richard Johnson, P.E. City Engineer City of Fairhope 161 North Section Street Fairhope, AL 36532 RE: Bid No. 24-053-2024-PWI-010 John Martin Nature Center Richard, As the architect of record for the John Martin Nature, I attended the bid opening pm August 1, 2024 and offer the following summary and recommendations. Bids were received from the following 3 contractors by the deadline on August 1, 2024. Dyas Construction Management LLC J Payne Organization, LLC Klarman and Day General Contractors LLC The bid tabulation is attached below. Bid Alternate #1 was for a screened porch addition and Bid Alternate #2 was for standing seam metal roofing in lieu of asphalt shingle roofing. General Contractor Base Bid Bid Alternate #1 Bid Alternate #2 Dyas Construction Management LLC $862,235.47 $35,000 $20,000 J. Payne Organization LLC $826,200.00 $26,300 $78,800 Klarman and Day General Contractors LLC $1,140,242.00 $98,200 $55,000 All bids were complete, including the required bonds, grant funded items checklist and acknowledgement of addenda. J.Payne did not include three quotes for two of the grant funded items in their bid form, but based on the grant requirements, that could be addressed after award. Page 119 of 263 W A T E R S H E D, Building Sustainability 302 Magnolia Avenue Fairhope, AL www.watershed.pro 251.929.0514 The base bids from J.Payne Organization and Dyas Construction Management LLC are within 5% of each other, which gives us some confidence in the accuracy of the bids. However the bids for add alternate #2 are unbalanced. Since the standing seam metal roof is not essential to the use and function of the Nature Center, we recommend removing Bid Alternate #3 from consideration. The numbers for the Base Bid and Bid Alternate #1 are still well outside of FY2024 + the requested FY2025 Budgets. However, the building includes 5,558 SF total area under roof. There are significant cost drivers associated with rehabilitating and upgrading the overall building envelope, including a fire sprinkler system, reinforcement of the load path, and HVAC replacement. Based on what we are seeing with similar projects in this region, we feel that the overall investment would yield a good value to the city, and will serve the new park well, with room for future expansion within the envelope. It may be possible to seek out cost savings with the GC who is awarded the contract, but that kind of value engineer effort rarely results in cost savings greater than 10%. There’s a consensus among the team that a rebid would likely result in the same or potentially higher costs. Considering the above information, we respectfully recommend that the City of Fairhope award this project to J. Payne Organization LLC, for the low bid amount of $826,200, and accept Add Alternate #1 for $26,300. Sincerely, Rebecca Dunn Bryant, AIA Principal WATERSHED LLC Page 120 of 263 Page 121 of 263 Page 122 of 263 Page 123 of 263 Page 124 of 263 Page 125 of 263 Page 126 of 263 Page 127 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-587 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, has requested to procure a qualified contractor to prune and remove trees located on public land, rights-of-way and easements within the corporate limits of the City of Fairhope. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the award of Bid No. 24-056 Citywide Tree Maintenance Annual Contract - Public Works Department for a not-to-exceed annual contract amount of $96,000.00, and a total contract amount not-to-exceed $288,000 for three (3) years. BACKGROUND INFORMATION: A service bid was issued on June 14, 2024, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) responsive bids and one (1) non- responsive bid were received at the bid opening on July 16, 2024 at 2:00 p.m. The Director of Public Works, George Ladd, recommends the award be made to Chris Francis Tree Care, LLC. Their low bid price included the following: 1. Field Supervisor - Full Day: $1,350.00 2. Crewman/Flagman - Full Day: $83.00 (Total Full Day of One Supervisor, 3 Crewmen: $1,599.00) 3. Lift Truck - Full Day: $1.00 4. Dump Truck - Full Day: $1.00 5. Brush Truck - Full Day: $1.00 Total Full Day of Work Crew and Trucks: $1,602.00 The Director of Public Works recommends the award be made to Chris Francis Tree Care, LLC for an annual cost of annual contract amount of $96,000.00, and a total contract amount not-to-exceed $288,000 for three (3) years. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 01360-50360 Landscape - Genl $66,100.00 $96,000.00 ($29,900.00) Page 128 of 263 Maint Only $66,100.00 will be available to finish FY2024. The additional funding will be budgeted in future years. 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 129 of 263 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. 24-056) for Citywide Tree Maintenance Annual Contract 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 Citywide Tree Maintenance Annual Contract [3] After evaluating the bids with required specifications, Chris Francis Tree Care, LLC is now awarded (Bid No. 24-056) for Citywide Tree Maintenance Annual Contract for an annual contract not-to-exceed $96,000.00, total contract amount not- to-exceed $288,000.00 for three (3) years. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 130 of 263 Page 131 of 263 Page 132 of 263 Page 133 of 263 Page 134 of 263 Page 135 of 263 Page 136 of 263 Page 137 of 263 Page 138 of 263 Page 139 of 263 Page 140 of 263 Page 141 of 263 Page 142 of 263 Page 143 of 263 SDD for Kim Creech (Jan 17, 2024 13:50 CST) SDD for Kim Creech SDD for Kim Creech (Jan 17, 2024 13:50 CST) SDD for Kim Creech Page 144 of 263 Signature: Email: Suzanne Doughty (Jan 17, 2024 13:51 CST) Suzanne Doughty suzanne.doughty@fairhopeal.gov Page 145 of 263 PRF - Public Works ROW Tree Trimming Final Audit Report 2024-01-17 Created:2024-01-17 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAoQPB91pQ8NB8XrVonW0loLcDpuSZQ7KW "PRF - Public Works ROW Tree Trimming" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-01-17 - 2:35:27 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-01-17 - 2:35:31 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-01-17 - 2:35:31 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-01-17 - 2:35:32 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-01-17 - 2:38:41 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-01-17 - 2:39:00 PM GMT - Time Source: server Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-01-17 - 7:48:49 PM GMT Signer Suzanne Doughty (suzanne.doughty@fairhopeal.gov) entered name at signing as SDD for Kim Creech 2024-01-17 - 7:50:01 PM GMT Document e-signed by SDD for Kim Creech (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-01-17 - 7:50:03 PM GMT - Time Source: server Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-01-17 - 7:50:42 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-01-17 - 7:51:36 PM GMT - Time Source: server Page 146 of 263 Agreement completed. 2024-01-17 - 7:51:36 PM GMT Page 147 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-584 FROM:Nicole Love, Grants Coordinator SUBJECT:That the City Council hereby authorizes Mayor Sherry Sullivan to execute the ADEM Resolution for “Designating Official Representative” and to execute all documents related to the Clean Water State Revolving Fund Project on behalf of the City. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Approves Resolution that the City Council hereby authorizes Mayor Sherry Sullivan to execute the ADEM Resolution for “Designating Official Representative” and to execute all documents related to the Clean Water State Revolving Fund Project on behalf of the City. BACKGROUND INFORMATION: On July 10, 2023, the City Council Adopted Resolution No. 4785-23 that accepted the grant award and authorized Mayor Sullivan to serve as the Authorized Official for the City of Fairhope. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: Page 148 of 263 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, IN REGULAR SESSION ASSEMBLED, That the City Council hereby authorizes Mayor Sherry Sullivan to execute the ADEM Resolution for “Designating Official Representative” and to execute all documents related to the Clean Water State Revolving Fund Project on behalf of the City. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 ________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 149 of 263 Page 150 of 263 Page 7 Certification of Resolution I, the Undersigned, the duly qualified and acting: of the (Applicant) do hereby certify: 1. That the attached resolution is a true and correct copy of the resolution as adopted by a meeting of the governing body held on the day of , 20 and duly recorded in my office: 2. That said meeting was duly convened and held in all respects in accordance with the law and to the extent required by law, due and proper notice of such meeting was given; and a legal quorum was present throughout the meeting, and a legally sufficient number of members of the governing body voted in the proper manner and for the adoption of said resolution, that all other requirements and proceedings under the law incident to the proper adoption or passage of said resolution, including publication, if required, have been duly fulfilled, carried out, and otherwise observed; and that I am duly authorized to execute this certificate. IN WITNESS THEREOF, I have herewith set my hand this day of , 20 . (SEAL) Signature of Officer: Typed or Printed Name of Officer: City of FairhopeLisa A. Hanks, MMC, City Clerk 12th August 24 August 24 Lisa A. Hanks, MMC, City Clerk Page 151 of 263 RESOLUTION NO. 4785-23 ACCEPTANCE OF GRANT AW ARD FOR FINANCIAL ASSISTANCE FROM THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) FOR THE CLEAN WATER STATE REVOLVING FUND (CWSRF) PROJECT IN GRANT FUNDS FROM THE STATE OF ALABAMA'S AMERICAN RESCUE PLAN ACT (ARP A) WHEREAS , the City of Fairhope was awarded a financial assistance offer from the Alabama Department of Environmental Management (ADEM) on Wednesday , June 21 , 2023 ; and WHEREAS , the City of Fairhope estimated 5.8 million to be applied for the Clean Water State Revolving Fund (CWSRF) Project ; and WHEREAS , ADEM offered the City of Fairhope $1,154 ,696.00 in grant funds from the State of Alabama 's American Rescue Plan Act (ARP A) fund; and THEREFORE , BE IT RESOLVED BY THE City of Fairhope, IN REGULAR SESSION ASSEMBLED , that by this Resolution the City of Fairhope accepts the grant award and authorizes Mayor Sherry Sullivan to serve as the Authorized Official who will sign pay requests and other grant related documents on behalf of the City . DONE , Under the Seal of the City of Fairhope, this 10th Day of July, 2023. Attest: ~~anks, City Clerk Page 152 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-574 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater Department. Daryl Morefield, is requesting to procure a professional engineering firm for on-call engineering services annual contract for Water/Wastewater Department projects. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the not-to-exceed contract amount of $95,000.00 yearly (Total Contract not- to-exceed $285,000.00) for three (3) years to Dewberry Engineering, Inc., who was awarded RFQ PS24-031 On-Call Professional Engineering Services for the Water/Wastewater Department Projects. BACKGROUND INFORMATION: Per the City's "Procedure for Procuring Professional Services for 'Projects under $100,000'", Mayor Sullivan selected Dewberry Engineering, Inc. for this contract for RFQ PS24-031 On-Call Professional Engineering Services for the Water/Wastewater Department Projects. The City Council approved the award to Dewberry Engineering, Inc. on a three (3) year basis and allowed the Mayor to negotiate Engineering Fees and a not-to-exceed contract amount. The Contract Engineering Rates would be based on the Engineering Rates attached. The annual contract amount would be Ninety-Five Thousand Dollars ($95,000.00), for a three (3) year contract total not-to-exceed Two Hundred Eighty-Five Thousand Dollars ($285,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 50290 Water - Professional Services $47,500.00 $47,500.00 $0.00 004020-Wastewater - $47,500.00 $47,500.00 $0.00 Page 153 of 263 50290 Professional Services 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 154 of 263 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves Mayor Sherry Sullivan to execute a contract for (RFQ PS24-031) with Dewberry Engineering, Inc. to perform On-Call Professional Engineering Services for the Water/Wastewater Department projects for three (3) years, with a not-to-exceed amount of $95,000.00 yearly, total contract amount not- to-exceed $285,000.00 for three (3) years. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 155 of 263 STANDARD HOURLY BILLING RATE SCHEDULE 1 COMPANY CONFIDENTIAL AND PROPRIETARY: USE OR DISCLOSURE OF DATA CONTAINED ON THIS SHEET IS SUBJECT TO RESTRICTION ON THE TITLE PAGE OF THIS PROPOSAL. STANDARD HOURLY BILLING RATE SCHEDULE DEWBERRY HOURLY RATES Professional Principal $360.00 Architect I,II,III $110.00, $125.00, $145.00 Architect IV,V,VI $165.00, $185.00, $205.00 Architect VII,VIII,IX $230.00, $250.00, $280.00 Interior Designer I,II,III,IV $100.00, $120.00, $140.00, $165.00 Interior Designer V, VI, VII $180.00, $205.00, $240.00 Engineer I,II,III $115.00, $135.00, $155.00 Engineer IV,V,VI $175.00, $200.00, $230.00 Engineer VII,VIII,IX $260.00, $290.00, $320.00 Geographer/GIS I,II,III $95.00, $105.00, $125.00 Geographer/GIS IV,V,VI $145.00, $165.00, $195.00 Geographer/GIS VII,VIII,IX $225.00, $255.00, $290.00 Professional I,II,III $105.00, $125.00, $155.00 Professional IV,V,VI $175.00, $195.00, $215.00 Professional VII,VIII,IX $245.00, $260.00, $295.00 Technical Designer I,II,III $110.00, $135.00, $160.00 Designer IV,V,VI $180.00, $205.00, $230.00 CADD Technician I,II,III,IV,V $85.00, $105.00, $125.00, $140.00, $180.00 Surveyor I,II,III $68.00, $83.00, $100.00 Surveyor IV,V,VI $120.00, $135.00, $150.00 Surveyor VII,VIII,IX $165.00, $195.00, $235.00 Technical I,II,III $85.00, $110.00, $130.00 Technical IV,V,VI $145.00, $160.00, $180.00 Emergency Management Emergency Management I, II, III $90.00, $120.00, $150.00 Emergency Management IV, V, VI $180.00, $225.00, $280.00 Construction Construction Professional I,II,III $125.00, $160.00, $185.00 Construction Professional IV,V,VI,VII $220.00, $245.00, $290.00, $325.00 Inspector I,II,III $90.00, $110.00, $145.00 Inspector IV,V,VI,VII $170.00, $190.00, $215.00, $250.00 Survey Field Crews Fully Equipped 1, 2, 3 Person Crews $145.00, $185.00, $245.00 With Laser Scanner 1, 2 Person $195.00, $235.00 Administration Admin Professional I,II,III,IV $70.00, $100.00, $120.00, $150.00 Non-Labor Direct Costs Cost + 15% Page 156 of 263 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Daryl Morefield Date: 6/25/2024 Department: Water 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. Dewberry Engineers $ 95,000.00 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? General engineering services-On-Call Engineer Annual Contract 2. What is the total cost of the item or service? $95,000.00 3. How many do you need? 1 Each 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Dewberry Engineers 6. Vendor Number: 3549 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? $95,000.00 3. Budget code: 004010-50290 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 157 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-576 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to approve the award of the Request for Quotes for Labor and Materials for storm repair at 702 Cedar Ave., Fairhope, AL to Blade Construction. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for storm repair at 702 Cedar Ave., Fairhope, AL to Blade Construction for the not-to-exceed project cost of $65,557.00. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting approval for the procurement of labor and materials for storm repair at 702 Cedar Ave., Fairhope, AL. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. The project is to repair storm damage and upgrade the drainage at 702 Cedar Ave., Fairhope AL. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from Blade Construction. The Director of Public Works requests approval to award the Request for Quote to Blade Construction for the not-to-exceed cost of Sixty-Five Thousand Five Hundred Fifty-Seven Dollars ($65,557.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55853 (Line 50) Drainage - Capital Project $60,000.00 $65,557.00 ($5,57.00) GRANT: N/A Page 158 of 263 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 159 of 263 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Labor and Materials for Storm Repair at 702 Cedar Avenue, Fairhope, Alabama to Blade Construction for a not- to-exceed cost of $65,557.00. ADOPTED ON THIS 12TH DAY OF AUGUST, 2024 ___________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 160 of 263 Blade Construction Physical Address: 18234 County Road 12 South, Foley, AL 36535 Mailing Address: P.O. Box 359, Bon Secour, AL 36511 Phone 251-970-1050; bladeconstruction.com Page 1 of 1 702 CEDAR AVE DRAINAGE IMPROVEMENTS R1 Project Location: DAPHNE , AL Date: 7/15/2024 Prepared For: THE CITY OF FAIRHOPE Prepared By: Colin Uter Details: Blade Construction LLC will provide all equipment, labor and materials to complete the work as shown below to upgrade the drainage at 702 Cedar Ave, Fairhope Al 36532. Exclusions are as follows: erosion control, all grassing, tree removal, fence removal and replacement, asphalt installation and road base. Before Blade Construction LLC can put materials into production the project must be properly designed by a qualified engineer. This estimate is based off assumptions made in the field and may change after design. DESCRIPTION QTY UOM TOTALS MOBILIZATION 1 LS 7500.00 DEMOLITION 1 LS 7347.00 REMOVE EXISTING S INLETS 2 EA REMOVE VALLEY GUTTER 44 LF REMOVE 24” CORREGATED METAL PIPE 280 LF SAWCUT ASPHALT 48 LF ASPHALT REMOVAL 15 SY STRUCTURE & PIPE INSTALLATION 1 LS 50710.00 DOUBLE WING INLETS 2 EA JUNCTION BOX 1 EA 30” RCP 32 LF 30” HDPE PIPE 272 LF TOTAL $65,557.00 Licenses: AL 44220, LA 49914, MS 16751 Page 161 of 263 Contractor Signature: Lindsey Landscaping LLC 16320 Silverhill Ave Silverhill, AL 36576 dlindsey@lindseylandscaping.net Estimate ADDRESS City Of Fairhope ESTIMATE #DATE 1773 06/04/2024 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT misc. work 702 Cedar st drainage: 300' of drainage repair; Replaced with 30" pipe @40' of RCP @260' OF Poly remove old and install and cover new All labor and materials included 1 79,800.00 79,800.00 TOTAL $79,800.00 Accepted By Accepted Date Page 162 of 263 Leavitt Land LLC 495 Boulder Creek Ave Fairhope, AL 36532 US leavittland1@gmail.com Estimate ADDRESS City Of Fairhope ESTIMATE #1159 DATE 06/03/2024 SERVICE DESCRIPTION QTY RATE AMOUNT Mobilization 702 Cedar St 1 6,500.00 6,500.00 Demo Haul Off Demo around 300' of damaged pipe and haul off 1 18,000.00 18,000.00 Pit Sand Pipe Sand 25 275.00 6,875.00 Pipe Materials 300'1 32,000.00 32,000.00 Lay pipe 300"1 25,000.00 25,000.00 TOTAL $88,375.00 Accepted By Accepted Date Page 163 of 263 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov PUR-004 100621 CITY OF FAIRHOPE PURCHASING DEPARTMENT REQUEST FORM Name: John Thomas Date: 7/16/2024 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 $5,001 and greater Operational NON-Budgeted Three Council Required Required $5,001 – 7,500 Operational Budgeted Three Treasurer N/A N/A $7,501 - $15,000 Operational Budgeted Three Finance/Treasurer/ Mayor N/A N/A QUOTES Vendor Name Vendor Quote 1. Blade Construction $ 65,557.00 2. Lindsey Landscaping $ 79,800.00 3. Leavitt Land LLC $ 88,375.00 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? Labor and Materials for a storm repair project 2. What is the total cost of the item or service? $65,557.00 3. How many do you need? One 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Blade Construction 6. Vendor Number:5514 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? 3. Budget code: 103 - 55853 Email completed form with quotes and other supporting documentation to Cory.Pierce@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 164 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-572 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, has requested to procure 950 feet of 6" Steel Pipe. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the award of Bid No. 24-061 950 Feet of 6" Steel Pipe for Gas Department for a not-to-exceed cost of $21,166.00. BACKGROUND INFORMATION: A service bid was issued on July 19, 2024, posted to the City of Fairhope's website, and published in Gulf Coast Media. Two (2) responsive bids were received at the bid opening on July 25, 2024 at 10:00 a.m. The Superintendent of Gas Department, Wes Boyett, recommends the award be made to Consolidated Pipe & Supply Company, Inc. Their low bid was for Twenty-Two Dollars and Twenty-Six Cents ($22.26) a foot, or a total of Twenty-One Thousand One Hundred Sixty-Six Dollars ($21,166.00) total. Previous Actions: Resolution #4878-23, October 9, 2023, the City Council approved the selection of Sawgrass Consulting, LLC for Professional Engineering for the D'Olive Creek Crossing Gas Main Leak Repair (RFQ PS24-003); and hereby authorized Mayor Sherry Sullivan to execute a Contract with a not-to-exceed amount of $21,900.00. Resolution #5116-24, July 8, 2024. Council awarded (Bid No. 24-049) for D'Olive Creek Gas Main Replacement to Equix Energy Services, LLC. with a total bid proposal not-to- exceed $304,812.00, leaving a budget shortfall of ($174,812.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Capital System Improvement $0.00 $21,166.00 ($21,166.00) Page 165 of 263 Total project was budgeted for $130,000.00. FY24 Gas Reserves available to cover budget shortfall. Authorize Treasury to transfer the additional shortage of ($21,166.00) from Gas Reserves to Gas - Capital System Improvement. 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 166 of 263 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. 24-061) for 950 Feet. 6” Steel Pipe for the Gas Department 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 950 Feet 6” Steel Pipe [3] After evaluating the bids with required specifications, Consolidated Pipe & Supply Company, Inc. is now awarded (Bid No. 24-061) for 950 Feet 6” Steel Pipe for the Gas Department with a bid proposal not-to-exceed $21,166.00. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 ____________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 167 of 263 Page 168 of 263 Page 169 of 263 Page 170 of 263 Page 171 of 263 Page 172 of 263 Page 173 of 263 Page 174 of 263 Page 175 of 263 Page 176 of 263 Page 177 of 263 Page 178 of 263 Page 179 of 263 Page 180 of 263 Page 181 of 263 Page 182 of 263 Page 183 of 263 Page 184 of 263 Page 185 of 263 Page 186 of 263 Page 187 of 263 Page 188 of 263 Page 189 of 263 Page 190 of 263 Page 191 of 263 Page 192 of 263 Page 193 of 263 Page 194 of 263 Page 195 of 263 Page 196 of 263 Page 197 of 263 Page 198 of 263 Page 199 of 263 Page 200 of 263 Page 201 of 263 Page 202 of 263 Page 203 of 263 555 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: Taylor Wesson Department: Gas Department Project Name: D’Olive Creek Crossing Project Description: Replacement of approx. 950’ of 6” natural gas pipe underneath D’Olive Creek Project Category: X Bid Professional Service Other: Budget Amount: Budget Code: Budgeted for Current FY: Yes X No BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Pre-Bid Meeting: No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Page 204 of 263 PRF - D'Olive Creek Pipe Final Audit Report 2024-07-11 Created:2024-07-10 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAYl40ib8I-924bzFB2Cu6IyPDZ5BVCVi4 "PRF - D'Olive Creek Pipe" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-07-10 - 5:26:22 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-07-10 - 5:26:51 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-07-11 - 12:58:07 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-07-11 - 1:08:24 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-07-11 - 1:08:26 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2024-07-11 - 1:14:52 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-07-11 - 1:15:19 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-07-11 - 1:15:20 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-07-11 - 2:45:49 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-07-11 - 2:46:23 PM GMT - Time Source: server Agreement completed. 2024-07-11 - 2:46:23 PM GMT Page 205 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-586 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: Superintendent of Gas Department, Wes Boyett, is requesting the procurement of professional engineering services for 4" Gas Main Replacements at four (4) separate locations - two in Fly Creek and two in Rock Creek. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for Professional Engineering Services for the 4" gas main replacement at four (4) creek locations and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The Superintendent of Gas Department, Wes Boyett, is seeking to procure professional engineering services for the replacement of 4' gas mains at four (4) separate locations - two in Fly Creek and two in Rock Creek. The engineering form will provide the following for this project: 1. Design Engineering 2. Professional Survey 3. Environmental Permitting Services 4. Construction Phase Services Mayor Sullivan has selected Volkert, Inc. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Utility Sys Imprv $ $TBD $ GRANT: N/A Page 206 of 263 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 207 of 263 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 PS24-035) for 4’ Gas Main Replacements at Four (4) Creek Locations to Volkert, Inc.; and hereby allows Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 208 of 263 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: July 31, 2024 Re: RFQ PS24-035 Professional Engineering Services for 4” Gas Main Replacement at Four (4) Creek Locations The Superintendent of Gas Department, Wes Boyett, is requesting the hiring of a professional engineering firm for professional engineering services for 4” Gas Main Replacements at four (4) separate locations – Two in Fly Creek and Two in Rock Creek. Per our Procedure for Procuring Professional Services, Wes Boyett and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: 1. Design Engineering 2. Professional Survey 3. Environmental Permitting Services 4. Construction Phase Services Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Volkert, Inc. _____________ ___________ None. Submit another list Cc: file, Wes Boyett, Mayor Sherry Sullivan Aug 4, 2024 Page 209 of 263 Memo to choose - Prof Engineer - 4 Gas Main Replacements Final Audit Report 2024-08-04 Created:2024-08-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAqbpf-fmvq-v1Rs9JdwjEs4gs8xqa4tcz "Memo to choose - Prof Engineer - 4 Gas Main Replacements" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-08-02 - 5:49:18 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-08-02 - 5:49:35 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-08-04 - 8:46:38 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-08-04 - 8:47:13 PM GMT - Time Source: server Agreement completed. 2024-08-04 - 8:47:13 PM GMT Page 210 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-592 FROM: Lisa Hanks, CITY CLERK Sherry Sullivan, Mayor SUBJECT: That Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Southern Light, LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt the Resolution authorizing Mayor Sullivan to execute the Pole Attachment Agreement with Southern Light, LLC BACKGROUND INFORMATION: Southern Light shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 211 of 263 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 212 of 263 RESOLUTION NO. --- WHEREAS, Southern Light, LLC proposes to deliver fiber optic communication service to customers in Fairhope, Alabama, and will need to erect and maintain aerial cables, wires and associated appliances throughout the area to be served, and desires to attach certain cables, wires and appliances to poles of the City of Fairhope; and, WHEREAS, the City of Fairhope is willing to permit, to the extent that it may do so lawfully and consistent with its mortgage or indenture, the attachment of said cables, wires and appliances to its poles if, in its judgment, such use will not interfere with its own service requirements, including considerations of economy and safety, and if the City of Fairhope is protected and indemnified against costs to it arising from such use. WHEREAS, Southern Light shall be governed by an agreement for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals, and all city ordinances, rules, police power, and any state law. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Southern Light, LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. Southern Light shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. ADOPTED THIS DAY THE 12TH DAY OF AUGUST 2024 Attest: Lisa A. Hanks, MMC City Clerk 9352033v2 Corey Martin, Council President Page 213 of 263 AGREEMENT FOR ATTACHMENTS OF FIBER OPTIC CABLES, AMPLIFIERS AND ASSOCIATED EQUIPMENT FOR THE DISTRIBUTION OF OPTICAL COMMUNICATION SIGNALS THIS AGREEMENT, made as of ______ by and between the City of Fairhope , a municipal corporation of the State of Alabama, ("Licensor"), and Southern Li ght , LLC ("Southern Light " or "Licensee "), WITNESSETH: WHEREAS , Licensee proposes to deliver fiber optic communication service to customers in Fairhope , Alabama and will need to erect and maintain aerial cables , wires and associated appliances throughout the area to be served , and desires to attach certain cables, wires and appliances to poles of Licensor ; and WH E REAS , on February 13 , 2006 , the City of Fairhope , Alabama ("City ") adopted Resolution No . 1268-06 which granted Southern Light , LLC ("Southern Light ") an Agreement for Attachments of Fiber Optic Cables , Amplifiers and Associated Equipment for the Distribution of Optical Communication Signals ("Southern Light 2006 Pole Agreement") to deliver fiber optic communications service to customers in the City ; and WHEREAS , Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti Group "); and WHEREAS , Uniti Fiber GulfCo LLC ("Uniti GulfCo ") 1s also an indirectly owned subsidiary Uniti Group ; and WHEREAS , Uniti Group now seeks from the City additional authorization to secure an asset backed securities lending facility ("ABS") whereby Uniti Group will transfer certain assets from Southern Light to Uniti GulfCo ; and WHEREAS , Uniti Group will assign certain assets to Uniti GulfCo and Southern Light in support of the ABS ; and WHEREAS , certain Uniti Group facilities installed and operating in the City 's right-of- way may be owned by Uniti GulfCo while others will be owned by Southern Light; and WHEREAS , to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo and Southern Light, Uniti GulfCo and Southern Light will enter an intercompany agreement to allow access to those shared facilities ; and WHEREAS , the City intend s by adoption of this Agreement to grant Southern Light a new pole attachment agreement and the City also plans to adopt a separate , substantially identical , pole attachment agreement for Uniti GulfCo ; and WHEREAS , Uniti GulfCo and Southern Light will be jointly and severally liable for any noncompliance that may occur under the Uniti GulfCo pole attachment agreement and this 2 935 2033v2 Page 214 of 263 Agreement since each agreement conveys an identical terms for the use of Licensor 's poles within the City of Fairhope , Alabama; and WHEREAS, Licensor is willing to permit, to the extent that it may do so lawfully and consistent with its mortgage or indenture , the attachment of said cables , wires and appliances to its poles if, in its judgment, such use will not interfere with its own service requirements , including considerations of economy and safety , and if Licensor is protected and indemnified against costs to it arising from such use : NOW, THEREFORE , in consideration of the mutual covenants , term s and conditions herein contained , the parties hereto do hereby mutually covenant and agree as follows : 1. Before making attachment to any pole or poles of Licensor , Licensee shall make application to Licensor, and if the proposed attachment is satisfactory to Licensor , a permit therefore will be granted to Licensee. 2. Licensee shall, at its own expense , make and maintain said attachments in safe condition and in thorough repair , and in a manner satisfactory to Licensor and so as not to interfere with the use of said poles by Licensor , or by other utility companies using said poles , or interfere with the use and maintenance of facilities thereon or which may from time to time be placed thereon. Licensee shall at any time , at it s own expense , upon sixty (60) days notice form Licensor , remove relocate or renew its facilities placed on said poles , or transfer them to substituted poles , or perform any other work in connection with the said facilities that may be required by Licensor ; provided, however, that in cases of emergency , Licensor may require Licensee to promptly remove , relocate , replace or renew the facilities placed on said poles by Licensee , or transfer them to substituted poles or perform any other work in connection with the said facilities that may be required in the maintenance replacement , removal or relocation of said poles , the facilities thereon or which may be placed thereon , or for the se rvice need of Licensor. Licensor shall make every reasonable effort to prevent the interruption to service of Licensee . 3. Licensee 's cables , wires and appliances , in each and every location , shall be erected and maintained in accordance with the requirements and specifications of the National Electrical Safety Code , Sixth Edition , and any amendments or provisions of said code or practices and in compliance with any rules or orders now in effect or that hereafter may be issued by any other authority having jurisdiction. Pole Attachment Drawings shall be submitted for Licensor approval as a part of the permitting process . 4 . The existing telephone company (Local Exchange Carrier) contracting for pole attachments to Licensor 's poles , pursuant to a joint use agreement, are to . be assigned to the lowest relative position on any given pole . Other licensees (including the Licensee under this Agreement) contracting with Licensor for pole attachments shall attach above the telephone facilitie s . Among two (2) or more licensees , the position of attachments on the pole shall be determined according to the date of the original pole attachment agreement between each licensee ( or as applicable , its predecessors) and Licensor for a given area , or the date of any amendment to such agreement to expand to a given area. In any given area, the licensee with the earliest agreement or amended agreement shall occupy the first position above the telephone facilities , if space is available. The second licensee shall attach to the second position above the telephone facilities , if space is 3 9352 033v2 Page 215 of 263 available, and so on. When two (2) or more licensees desire to attach to the same Licensor poles , preference for pole attachment will be given in order of application for permit received . The attaching licensees shall attach in their assigned space if space is available. If any licensee with priority as established in this paragraph has not exercised its right to attach to space on a given pole, licensees attaching under subsequent agreements may make provisional pole attachment in the space that ordinarily would be available to the licensee with priority, if their own assigned space is not available. However , if the licensee having priority subsequently requests pole attachment rights , any other licensee with pole attachments in the area to which the earlier licensee has priority shall relinquish its position and reattach its facilities farther up the pole. 5. In the event that any pole or poles of the Licensor to which Licensee desires to make attachments are inadequate to support the additional facilities in accordance with the aforesaid specifications , the Licensor will notify the Licensee of any changes necessary to provide adequate poles and the estimated cost thereof. If the Licensee still desires to make the necessary changes it shall authorize the Licensor to make said changes and shall reimburse the Licensor, on demand, for all costs incurred by Licensor in making such changes. Where the Licensee 's desired attachments can be accommodated on present poles or the Licensor by rearranging Licensor 's facilities thereon, the Licensee shall compensate the Licensor for the full expense incurred in completing such rearrangements. The Licensee will also, on demand, reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it, or them in transferring or rearranging said facilities . Any straightening of poles (guying) required to accommodate the attachments of the Licensee shall be provided by and at the expense of the Licensee and to the satisfaction of the Licensor. Licensor shall also have the option to require poles to be augmented or replaced by Licensee under Licensor supervision. 6. Licensor reserves to itself, its successors and assigns the right to maintain its poles and to operate its facilities thereon in such a manner as will best enable it to fulfill its own service requirements. Licensor shall not be liable to Licensee for any interruptions to service of Licensee or for interference , however caused , with the operation of the cables , wires and appliances of the Licensee, arising in any manner out of the use of Licensor's poles breakdown, operation, maintenance, alterations of or additions to , the lines and other facilities of Licensor or the jointly using Licensor 's poles may have upon the attachments or the transmissions of the Licensee. 7. Licensee shall submit to Licensor evidence , satisfactory to Licensor, of its authority to erect and maintain its facilities within public street, highways , and other public ways , and shall secure any necessary consent or permission from federal, state, county or municipal authorities for the erection and maintenance of its facilities or the operations of its facilities or the operations of its business and facilities , and shall secure authority from the owners of the property upon which the poles may be located to erect and maintain Licensee's facilities thereon. 8. Licensee shall pay to the Licensor , for attachments made to poles under this agreement, a rental at the rate of $22.00. per pole per year. Said rental shall be payable annually , in advance , on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. 4 93520 33v 2 Page 216 of 263 9 . Licensee shall exercise precautions to avoid damage by Licensee to facilities of Licensor and of others supported on said poles ; and hereby assumes all responsibility for any and all loss for such damage . Licensee shall make an immediate report to Licensor of the occurrence of any damage and herby agrees to reimburse Licensor for the expense incurred in making repairs. 10 . Licensee shall indemnify , protect, and hold harmless Licensor from and against any and all claims and demands for damages to property and injury or death to persons (whether or not caused by Licensor 's negligence , including without being limited to , Licensor 's contributory negligence , concurring negligence , active negligence and passive negligence), including payments made under any Workmen 's Compensation Law or under any plan for employees ' disability and death benefits , which may arise out of or be caused by the erection, maintenance , presences , use , removal , or abandonment of said attachments or by the proximity of the respective cables , wires , apparatus and appliances of the Licensee to any of the facilities belonging to the Licensor or the parties jointly using the Licensor 's poles , or by any act of Licensee on or in the vicinity of Licensor's poles. Licensee shall carry insurance , to protect the parties hereto from and against any and all claims , demands , actions , judgments, costs, expenses , and liabilities of every name and nature which may arise or result, directly or indirectly , from or by reason of such loss , injury or damage. The amounts of such insurance against liability due to damage to property , to injury or death of persons as to any one occurrence shall be in the amount of One Million ($1 ,000 ,000) Dollars. Licensee shall also carry such insurance as will protect it from all claims under any Workmen 's Compensation Laws in effect that may be applicable to it. All insurance required shall be kept in force by Licensee for the entire life of this agreement and the company or companies issuing such insurance shall be approved by Licensor. Licensee shall submit to Licensor certificates by each company insuring Licensee to the effect that it has insured licensee for all liabilities of Licensee under this agreement and that it will not cancel , change , nor fail to renew any policy of insurance issued to Licensee except after thirty (30) days' notice to Licensor. 11 . Licensee may at any time remove its attachments form any pole or poles of Licensor, but shall immediately give Licensor written notice of such removal. No refund of any rental will be due on account of such remo val. 12 . Upon notice from Licensor to Licensee that the use of any pole or pole s is forbidden by municipal authorities or property owners , the permit co vering the use of such pole or poles shall immediately terminate and the cables , wires and appliances of Licensee shall be removed at once from the affected pole or pole s. 13 . If the Licensor desires at any time to abandon any joint pole , it shall give the Licensee notice in writing to that effect at least ninety (90) days prior to the date on which it intends to abandon such pole. If at the. expiration of such period , the Licensor shall have no attachments on such pole but the Licensee shall not have removed all of its attachments there from , such pole shall thereupon become the property of the Licensee , and the Licensee shall save harmless the former Licensor of such pole from all obligation, liability , damage, cost , expenses or charges incurred thereafter , because of, arising out . of, the presence or condition of such pole or of any attachments thereon ; and shall pay the Licensor a sum equal to the then value in place of such abandoned pole or poles , or such other equitab le sum as may be agreed upon between the parties. 5 9352033v2 Page 217 of 263 14. If Licensee shall fail to comply with any of the provisions of this agreement , including the specifications hereinbefore referred to , or default in any of its obligations under this agreement and shall fail within sixty ( 60) days after written notice from Licensor to correct such default or non-compliance , Licensor may , at its option, forthwith terminate this agreement or the permit covering the poles as to which such default or non-compliance shall have occurred. 15 . Bills for expenses and other charges under this agreement shall be payable within thirty (30) days after presentation . 16. Failure to enforce or insist upon compliance with any of the terms or conditions of this agreement shall not constitute a waiver or relinquishment of any such terms or conditions , but the same shall be and remain at all times in full force and effect. 17. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor, by contract or otherwise, to others , not parties to this agreement, to use any poles covered by this agreement; and Licensor shall have the right to continue and extend such rights and privileges. The attachment privileges herein granted shall at all times be subject to such existing contracts and arrangements. The attachment privileges herein granted shall be non- exclusive and the Licensor shall have the right in its sole discretion to grant attachment privileges of any sort to any person, firm or corporation. 18. Licensee shall not assign , transfer or sublet the privileges herby granted without the prior written consent of Licensor. 19 . No use , however extended, of Licensor's poles , under this agreement , shall create or vest in Licensee any ownership or property rights in said poles, but Licensee 's rights therein shall be and remain a mere license. Nothing herein contained shall be construed to compel Licensor to maintain any of said poles for a period longer than demanded by its own service requirements . 20. This agreement shall become effective upon its execution and if not otherwise terminated, shall continue in effect for a term of five years and thereafter until terminated by either party gi v ing to the other party at least six (6) months written notice of intention to terminate. Upon termination of the agreement in accordance with any of its terms , Licensee shall immediately remove its cables , wires and appliances from all poles of Licensor . 21. Subject to the provisions of Section 17 , this agreement shall extend to and bind the successors and assigns of the parties hereto. 22 . Licensee and Uniti GulfCo agree that they are jointly and severally liable for , and absolutely and unconditionally guarantee to Licensor the prompt payment and performance of, all obligations under this Agreement. Licensee and Uniti GulfCo agree that the guarantee obligations hereunder constitute a continuing guarantee that such obligations under this Agreement shall not be discharged until full payment or performance of the obligations , and that such obligations are absolute and unconditional , irrespective of the absence of any action by the Licensor to enforce the Agreement , or any waiver or consent of any kind by the Licensor, or any other action or circumstances that might otherwise constitute a legal or equitable discharge, accept full payment or performance of all obligations under the Agreement. 6 9352033v 2 Page 218 of 263 23. Effective March 1, 2026 , the annual rental rate shall be Thirty Dollars ($30.00) per pole annually and at the end of every five (5) year period thereafter, the rental per pole per annum thereafter payable hereunder shall be subject to readjustment at the request of either party made in writing to the other party no later than sixty (60) days before end of any such five (5) year period. If, within sixty (60) days after the receipt of such a request by either party from the other, the parties shall fail to agree upon a readjustment of such rental , then the rental per pole per annum so be paid shall be the amount equal to one (1) percent of the cost of installing the average pole covered by this agreement at the end of each five (5) year period. In case of readjustment of rentals as herein provided , the new rentals shall be payable until again readjusted. 24. Upon the Effecti ve Date of this Agreement, the Southern Light 2006 Pole Agreement shall be void and shall be replaced in its entirety with this Agreement. Neither Licensor nor Licensee waives any rights which either Party may have under the Southern Light 2006 Pole Agreement regarding satisfaction of payment obligations or other obligations , whether known or unknown , that may have accrued under the Southern Light 2006 Pole Agreement. IN WITNESS WHEREOF , the parties hereto have caused these presents to be duly executed the day and year first above written. City of Fairhope Signed: __________ _ Name: ----------- Title : ------------ Date : ------------ 9352033v 2 7 Southern Light , LLC A Signed U A-C\ <j/ ~ Name !9,_.u ,'/ i NZ,i,r-iF- Title: \JP ; DD? G~ N LolJ N 5'):L Date: __ 0_\~1-h.J--=,.~~2 _4.,____ Uniti Fiber GulfCo LLC Signed ~ ~ \ o::?, Name Y.ii ..,'1 ~ . ~W Title: \/ fJ . ~ \JiP G~~ &0~s<iL Date: l:) \ t\\) L1 'Z.. ~ Page 219 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-593 FROM: Lisa Hanks, CITY CLERK Sherry Sullivan, Mayor SUBJECT: That Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Uniti Fiber GulfCo LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt the Resolution authorizing Mayor Sullivan to execute the Pole Attachment Agreement with Uniti Fiber GulfCo LLC BACKGROUND INFORMATION: Uniti GulfCo shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 220 of 263 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 221 of 263 RESOLUTION NO. __ _ WHEREAS, Uniti Fiber GulfCo LLC ("Uniti GulfCo") proposes to deliver fiber optic communication service to customers in Fairhope, Alabama, and will need to erect and maintain aerial cables, wires and associated appliances throughout the area to be served , and desires to attach certain cables , w ire s and appliances to poles of the C ity of Fairhope; and, WHEREAS , the City of Fairhope is willing to permit, to the ex tent that it may do so lawfully and consistent with its mortgage or indenture , the attachment of sa id cables , wires and appliances to its poles if, in its judgment, such use wi ll not interfere with its own service requirements , including considerations of economy and safety, and if the City of Fairhope is protected and indemnified against costs to it arising from such use. WHEREAS , Uniti GulfCo shall be governe d by an agreement for attachments of fiber optic cables , amplifiers and associated equipment for the distribution of optical communication signals, and all city ordinances , rules , police power, and any state law. OW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE , that Mayor Sullivan is authorized to execute an agreement between the City of Fairhope and Uni ti Fiber GulfCo LLC for attachments of fiber optic cables, amplifiers and associated equipment for the distribution of optical communication signals. Uniti GulfCo shall pay to the City of Fairhope, for attachments made to poles under this agreement, a rental at the rate of $22.00 per pole per year. Said rental shall be payable annually, in advance, on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. ADOPTED THIS DAY THE 12TH DAY OF AUGUST 2024 Attest: Lisa A. Hanks, MMC City Clerk 9352062v2 Corey Martin, Council President 1 Page 222 of 263 AGREEMENT FOR ATTACHMENTS OF FIBER OPTIC CABLES, AMPLIFIERS AND ASSOCIATED EQUIPMENT FOR THE DISTRIBUTION OF OPTICAL COMMUNICATION SIGNALS THIS AGREEMENT, made as of _____ ~by and between the City of Fairhope , a municipal corporation of the State of Alabama , hereinafter called Licensor , and Uniti Fiber GulfCo LLC ("Uniti GulfCo or "Licensee "). WITNESSETH: WHEREAS , Licensee proposes to deliver fiber optic communication service to customers in Fairhope, Alabama and will need to erect and maintain aerial cables, wires and associated appliances throughout the area to be served, and desires to attach certain cables, wires and appliances to poles of Licensor ; and WHEREAS , on February 13 , 2006 , the City of Fairhope , Alabama ("City ") adopted Resolution No . 1268-06 which granted Southern Light, LLC ("Southern Light ") an Agreement for Attachments of Fiber Optic Cables , Amplifiers and Associated Equipment for the Distribution of Optical Communication Signals ("Southern Light 2006 Pole Agreement") to deliver fiber optic communications service to customers in the City ; and WHEREAS , Southern Light is an indirectly owned subsidiary of Uniti Group Inc. ("Uniti Group"); and WHEREAS , Uniti GulfCo is also an indirectly owned subsidiary Uniti Group ; and WHEREAS , Uniti Group now seeks from the City additional authorization to secure an asset backed securities lending facility ("ABS") whereby Uniti Group will transfer certain assets from Southern Light to Uniti GulfCo ; and WHEREAS , Uniti Group will assign certain assets to Uniti GulfCo and Southern Light in support of the ABS ; and WHEREAS , certain Uniti Group faci lities installed and operating in the City 's right-of- way may be owned by Uniti GulfCo while others will be owned by Southern Light ; and WHEREAS , to the extent that the facilities in the rights-of-way are shared between Uniti GulfCo and Southern Light, Uniti GulfCo and Southern Light will enter an intercompany agreement to allow access to those shared faci lities ; and WHEREAS , the City intends by adoption of this Agreement to grant Uni ti GulfCo a new pole attachment agreement and the City also plans to adopt a separate , substantially identical , pole attachment agreement for Southern Light; and WHEREAS , Uniti GulfCo and Southern Light wi ll be jointly and severally liable for any noncompliance that may occur under the Southern Light pole attachment agreement and this Agreement since each agreement conveys identical terms for the use of Licensor 's poles within the City of Fairhope, Alabama; and 2 9352062 v2 Page 223 of 263 WHEREAS , Licensor is willing to permit, to the extent that it may do so lawfully and consistent with its mortgage or indenture , the attachment of said cables , wires and appliances to its poles if, in its judgment, such use will not interfere with its own service requirements , including considerations of economy and safety , and if Licensor is protected and indemnified against costs to it arising from such use: NOW, THEREFORE, in consideration of the mutual covenants , terms and conditions herein contained , the parties hereto do hereby mutually covenant and agree as follows : 1. Before making attachment to any pole or poles of Licensor , Licensee shall make application to Licensor, and if the proposed attachment is satisfactory to Licensor , a permit therefore will be granted to Licensee. 2. Licensee shall, at its own expense , make and maintain said attachments in safe condition and in thorough repair , and in a manner satisfactory to Licensor and so as not to interfere with the use of said poles by Licensor , or by other utility companies using said poles , or interfere with the use and maintenance of facilities thereon or which may from time to time be placed thereon. Licensee shall at any time , at its own expense , upon sixty (60) days ' notice form Licensor , remove relocate or renew its facilities placed on said poles, or transfer them to substituted poles, or perform any other work in connection with the said facilities that may be required by Licensor; provided , however, that in cases of emergency, Licensor may require Licensee to promptly remove , relocate , replace or renew the facilities placed on said poles by Licensee, or transfer them to substituted poles or perform any other work in connection with the said facilities that may be required in the maintenance replacement , removal or relocation of said poles , the facilities thereon or which may be placed thereon , or for the service need of Licensor. Licensor shall make every reasonable effort to prevent the interruption to service of Licensee. 3. Licensee 's cables , wires and appliances, in each and every location, shall be erected and maintained in accordance with the requirements and specifications of the ational Electrical Safety Code , Sixth Edition , and any . amendments or provisions of said code or practices and in compliance with any rules or orders now in effect or that hereafter may be issued by any other authority having jurisdiction. Pole Attachment Drawings shall be submitted for Licensor approval as a part of the permitting process . 4 . The existing telephone company (Local Exchange Carrier) contracting for pole attachments to Licensor's poles , pursuant to a joint use agreement , are to . be assigned to the lowest relative position on any given pole . Other licensees (including the Licensee under this Agreement) contracting with Licensor for pole attachments shall attach above the telephone facilities. Among two (2) or more licensees , the position of attachments on the pole shall be determined according to the date of the original pole attachment agreement between each licensee ( or as applicable , its predecessors) and Licensor for a given area , or the date of any amendment to such agreement to expand to a given area. In any given area, the licensee with the earliest agreement or amended agreement shall occupy the first position above the telephone facilities , if space is available. The second licensee shall attach to the second position above the telephone facilities , if space is available, and so on. When two (2) or more licensees desire to attach to the same Licensor poles, preference for pole attachment will be given in order of application for permit received. The attaching licensees shall attach in their assigned space if space is available. If any licensee with 3 93 52062v2 Page 224 of 263 priority as established in this paragraph has not exercised its right to attach to space on a given pole , licensees attaching under subsequent agreements may make provisional pole attachment in the space that ordinarily would be available to the licensee with priority , if their own assigned space is not available. However, if the licensee having priority subsequently requests pole attachment rights , any other licensee with pole attachments in the area to which the earlier licensee has priority shall relinquish its position and reattach its facilities farther up the pole . 5. In the event that any pole or poles of the Licensor to which Licensee desires to make attachments are inadequate to support the additional facilities in accordance with the aforesaid specifications, the Licensor will notify the Licensee of any changes necessary to provide adequate poles and the estimated cost thereof. If the Licensee still desires to make the necessary changes it shall authorize the Licensor to make said changes and shall reimburse the Licensor, on demand , for all costs incurred by Licensor in making such changes. Where the Licensee's desired attachments can be accommodated on present poles or the Licensor by rearranging Licensor 's facilities thereon , the Licensee shall compensate the Licensor for the full expense incurred in completing such rearrangements. The Licensee will also, on demand , reimburse the owner or owners of other facilities attached to said poles for any expense incurred by it, or them in transferring or rearranging said facilities . Any straightening of poles (guying) required to accommodate the attachments of the Licensee shall be provided by and at the expense of the Licensee and to the satisfaction of the Licensor. Licensor shall also have the option to require poles to be augmented or replaced by Licensee under Licensor supervision. 6 . Licensor reserves to itself, its successors and assigns the right to maintain its poles and to operate its facilities thereon in such a manner as will best enab_le it to fulfill its own service requirements . Licensor shall not be liable to Licensee for any interruptions to service of Licensee or for interference , however caused , with the operation of the cables , wires and appliances of the Licensee, arising in any manner out of the use of Licensor's poles breakdown, operation, maintenance , alterations of or additions to , the lines and other facilities of Licensor or the jointly using Licensor 's poles may have upon the attachments or the transmissions of the Licensee. 7. Licensee shall submit to Licensor evidence , satisfactory to Licensor, of its authority to erect and maintain its facilities within public street , highways , and other public ways , and shall secure any necessary consent or permission from federal , state , county or municipal authorities for the erection and maintenance of its facilities or the operations of its facilities or the operations of its business and facilities , and shall secure authority from the owners of the property upon which the poles may be located to erect and maintain Licensee 's facilities thereon. 8 . Licensee shall pay to the Licensor , for attachments made to poles under this agreement , a rental at the rate of $22.00 per pole per year. Said rental shall be payable annually , in advance , on the first day of January of each year during which this agreement remains in effect. The first payment of rental hereunder shall include such prorated amount as may be due for use of poles from the date of the original installation to the end of the calendar year. 9. Licensee shall exercise precautions to avoid damage by Licensee to facilities of Licensor and of others supported on said poles; and hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any damage and herby agrees to reimburse Licensor for the expense incurred in making repairs . 4 9352062v2 Page 225 of 263 10 . Licensee shall indemnify, protect, and hold harmless Licensor from and against any and all claims and demands for damages to property and injury or death to persons (whether or not caused by Licensor's negligence, including without being limited to , Licensor's contributory negligence , concurring negligence, active negligence and passive negligence), including payments made under any Workmen 's Compensation Law or under any plan for employees ' disability and death benefits , which may arise out of or be caused by the erection, maintenance , presences , use , remo va l, or abandonment of said attachments or by the proximity of the respecti ve cables , wires, apparatus and appliances of the Licensee to any of the facilities belonging to the Licensor or the parties jointly using the Licensor's poles , or by any act of Licensee on or in the vicinity of Licensor's poles. Licensee shall carry insurance , to protect the parties hereto from and against any and all claims , demands , actions , judgments, costs , expenses , and liabilities of every name and nature which may arise or result, directly or indirectly , from or by reason of such loss , injury or damage. The amounts of such insurance against liability due to damage to property , to injury or death of persons as to any one occurrence shall be in the amount of One Million ($1 ,000 ,000) Dollars. Licensee shall also carry such insurance as will protect it from all claims under any Workmen's Compensation Laws in effect that may be applicable to it. All insurance required shall be kept in force by Licensee for the entire life of this agreement and the company or companies issuing such insurance shall be approved by Licensor. Licensee shall submit to Licensor certificates by each company insuring Licensee to the effect that it has insured licensee for all liabilities of Licensee under this agreement and that it will not cancel , change , nor fail to renew any policy of insurance issued to Licensee except after thirty 30) days' notice to Licensor. 11. Licensee may at any time remove its attachments form any pole or poles of Licensor , but shall immediately give Licensor written notice of such removal. No refund of any rental will be due on account of such removal. 12. Upon notice from Licensor to Licensee that the use of any pole or poles is forbidden by municipal authorities or property owners , the permit covering the use of such pole or poles shall immediately terminate and the cables , wires and appliances of Licensee shall be removed at once from the affected pole or poles . 13. If the Licensor desires at any time to abandon any joint pole , it shall give the Licensee notice in writing to that effect at least ninety (90) days prior to the _date on which it intends to abandon such pole. If at the . expiration of such period , the Licensor shall have no attachments on such pole but the Licensee shall not have removed all of its attachments there from , such pole shall thereupon become the property of the Licensee , and the Licensee shall save harmless the former Licensor of such pole from all obligation, liability , damage , cost , expenses or charges incurred thereafter, because of, arising out of, the presence or condition of such pole or of any attachments thereon; and shall pay the Licensor a sum equal to the then value in place of such abandoned pole or poles, or such other equitable sum as may be agreed upon between the parties. 14. If Licensee shall fail to comply with any of the provisions of this agreement, including the specifications hereinbefore referred to , or default in any of its obligations under this agreement and shall fail within sixty (60) days after written notice from Licensor to correct such default or non-compliance , Licensor may, at its option , forthwith terminate this agreement or the permit covering the poles as to which such default or non-compliance shall have occurred. 5 9352062v2 Page 226 of 263 15. Bills for expenses and other charges under this agreement shall be payable within thirty (30) days after presentation . 16. Failure to enforce or insist upon compliance with any of the terms or conditions of this agreement shall not constitute a waiver or relinquishment of any such terms or conditions , but the same shall be and remain at all times in full force and effect. 17. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor , by contract or otherwise , to others , not parties to this agreement , to use any poles covered by this agreement; and Licensor shall have the right to continue and extend such rights and privileges. The attachment privileges herein granted shall at all times be subject to such existing contracts and arrangements. The attachment privileges herein granted shall be non- exclusive and the Licensor shall have the right in its sole discretion to grant attachment privileges of any sort to any person, firm or corporation. 18 . Licensee shall not assign, transfer or sublet the privileges herby granted without the prior written consent of Licensor. 19. No use, however extended, of Licensor 's poles , under this agreement , shall create or vest in Licensee any ownership or property rights in said poles, but Licensee 's rights therein shall be and remain a mere license . Nothing herein contained shall be construed to compel Licensor to maintain any of said poles for a period longer than demanded by its own service requirements. 20 . This agreement shall become effective upon its execution and if not otherwise terminated , shall continue in effect for a term of five years and thereafter until terminated by either party giving to the other party at least six (6) months written notice of intention to terminate. Upon termination of the agreement in accordance with any of its terms , Licensee shall immediately remove its cables , wires and appliances from all poles of Licensor. 21. Subject to the provisions of Section 17 , this agreement shall extend to and bind the successors and assigns of the parties hereto . 22. Licensee and Southern Light agree that they are jointly and severally liable for , and absolutely and unconditionally guarantee to Licensor the prompt payment and performance of, all obligations under this Agreement. Licensee and Southern Light agree that the guarantee obligations hereunder constitute a continuing guarantee that such obligations under this Agreement shall not be discharged until full payment or performance of the obligations , and that such obligations are absolute and unconditional , irrespective of the absence of any action by the Licensor to enforce the Agreement, or any waiver or consent of any kind by the Licensor, or any other action or circumstances that might otherwise constitute a legal or equitable discharge, accept full payment or performance of all obligations under the Agreement. 23. Effective March 1, 2026, the annual rental rate shall be Thirty Dollars ($30.00) per pole annually and at the end of every five (5) year period thereafter, the rental per pole per annum thereafter payable hereunder shall be subject to readjustment at the request of either party made in writing to the other party no later than sixty (60) days before end of any such five (5) year period. If, within sixty (60) days after the receipt of such a request by either party from the other, the parties shall fail to agree upon a readjustment of such rental , then the rental per pole per annum so 6 9352062v2 Page 227 of 263 be paid shall be the amount equal to one (I) percent of the cost of installing the average pole covered by this agreement at the end of each five (5) year period. In case of readjustment of rentals as herein provided, the new rentals shall be payable until again readjusted . IN WITNESS WHEREOF , the parties hereto have caused these presents to be duly executed the day and year first above written . City of Fairhope Signed : _________ _ Name: _________ _ Title: __________ _ Date: __________ _ 7 9352062v2 Uniti Fiber GulfCo LLC Signed : l/4_,__,~ l ~ Name ~ ( '\ B. ~RIFF Title: \) p . <.' Ocz:P a f N lov NS£\... Date : __ o_\_~.c....=....__§_.___,2-=---,A..__ __ Southern Light, LLC Signed t ~-~ Name:\( ~:;s ~~ Title: V ~ · ~ \)[P 6 'i. 1V L-OuNStL Date : __ 0_\_,___,h\J~_,,fu-___.2---.c4__. __ i Page 228 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-571 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: The Building Official, Erik Cortinas, is requesting to procure a professional engineering firm for engineering services for on-call consulting services annual contract for fire protection requirements. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the Mayor's choice of Gulf State Engineering for Professional Engineering Services engineering services for on-call consulting services annual contract for fire protection requirements, and allow the Mayor to negotiate fees. BACKGROUND INFORMATION: The Building Official, Erik Cortinas, is requesting to procure a professional engineering services for RFQ PS24-032 Annual On-Call Consulting Services Annual Contract for Fire Protection Requirements. This annual contract would be an as-needed, on-call Fire Protection Code consultant for 3rd party review of miscellaneous Planning Commission cases and building permit applications. Per the City "Procedure for Procuring Professional Services for Projects under $100,000.00," Building Official, Erik Cortinas, and Mayor Sherry Sullivan have chosen Gulf State Engineering. The recommendation to Council is to award the RFQ to Gulf State Engineering on a three-year contract basis and allow the Mayor to negotiate a not-to-exceed amount. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001130- 50290 Building - Professional Services $ $TBD $ GRANT: N/A Page 229 of 263 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 230 of 263 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 PS24-032) Annual On-Call Consulting Services Annual Contract for Fire Protection Requirements to Gulf State Engineering; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 231 of 263 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: July 24, 2024 Re: RFQ PS24-032 Professional Engineering On-Call Consulting Services for Fire Protection Requirements – Annual Contract The Building Official, Erik Cortinas, is requesting the hiring of a professional engineering firm for on-call consulting services for fire protection requirements. Per our Procedure for Procuring Professional Services, Erik Cortinas and I are providing firms for the Mayor to select from for the work. This annual contract would be an as-needed, on-call Fire Protection Code consultant for 3rd party review of miscellaneous Planning Commission cases and building permit applications. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Gulf State Engineering _____________ ___________ None. Submit another list Cc: file, Erik Cortinas, Mayor Sherry Sullivan Jul 24, 2024 Page 232 of 263 Memo to choose -Prof. Engineer Consulting for Fire Protection Requirements Final Audit Report 2024-07-24 Created:2024-07-24 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAeX63QhZnS6Z_lH7brmyXJEUXmvkQu2X0 "Memo to choose -Prof. Engineer Consulting for Fire Protection Requirements" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-07-24 - 9:00:33 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-07-24 - 9:00:56 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-07-24 - 9:02:01 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-07-24 - 9:02:31 PM GMT - Time Source: server Agreement completed. 2024-07-24 - 9:02:31 PM GMT Page 233 of 263 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Erik Cortinas Date: July 9, 2024 Department: Building Department 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. Gulf State Engineering $ NTE $30,000.00 for FY 2024 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? Engineering consultant for fire protection requirements 2. What is the total cost of the item or service? Not To exceed $30,000.00 for Fiscal Year 2024 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): Gulf State Engineering 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? $80,000.00 3. Budget code: 50290 (Professional Services) Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 234 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-566 FROM: Pat White, PARKS & RECREATION DIRECTOR Jack Burrell, COUNCIL MEMBER SUBJECT: That the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt Resolution that the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. 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 235 of 263 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves and amends the Rules and Regulations for the “Fairhope Docks” specifically Addendum A - Boat Lift Installation at Fairhope Docks. ADOPTED ON THIS 12TH DAY OF AUGUST, 2024 _________________________________ Corey Martin, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Page 236 of 263 Addendum A - Boat Lift Installation at Fairhope Docks Marina Slip Lessee Name [Slip Lessee Name] Personal Guarantor if Corporate Lease [Name] Slip Number [Slip Number]. Fairhope Docks Marina retains the authority to decline the installation of a boat lift system for any reason. Responsibility for Purchase, Installation, and Maintenance: The Lessee shall be solely responsible for the purchase, installation, and ongoing maintenance of a boat lift system suitable for the slip at Fairhope Docks Marina until the dissolution of their lease agreement. Specifications and Approval: Prior to the purchase and installation of the boat lift, the Lessee shall submit detailed specifications and plans to the Marina for approval. The boat lift must meet all safety, aesthetic, and operational standards set forth by the Marina. The boat lift installers must meet all installation standards set forth by the marina. All boat lift maintenance companies must meet the standards set forth by the marina. Compliance and Permits: The Lessee shall obtain any necessary permits and ensure that the installation of the boat lift complies with all relevant laws, regulations, and guidelines. The Lessee shall be solely responsible for any fines or penalties incurred due to non-compliance. Installation Timeline: The Lessee shall ensure that the installation of the boat lift is completed within two weeks (14 Days) from the installation start date. Any delays must be promptly communicated to the Marina with valid reasons provided. Ownership Transfer: Upon completion of the installation and successful inspection by the Marina, the boat lift system and any additional installed structures shall become the property of the City of Fairhope. The Lessee shall relinquish all ownership rights to the boat lift and any associated components. Insurance and Liability: The Lessee shall maintain appropriate insurance coverage for the boat lift system, naming the Marina as an additional insured party. The Lessee shall indemnify and hold the Marina harmless from any claims, damages, or liabilities arising from the installation, use, or maintenance of the boat lift. INDEMNITY AND HOLD HARMLESS: I ___________________ personally and on behalf of Lessor if different here covenant with the City of Fairhope on behalf of myself, my heirs, assigns and successors that he/she will never sue or attach the City of Fairhope or its agents, servants and em ployees for or on account of the City allowing me to construct and install a boat lift at the Fairhope Marina. Further, I consent that this document may be plead as a defense to any action or other proceeding which may be brought by me against the City of Fairhope and/or its agents, servants and employees in breach of the promise not to sue. I acknowledge that I am aware that the design, construction, and installation of a boat lift may require a design and certificate by an Alabama licensed Professional Engineer. I assume all responsibility for possible damage to any structure, equipment or property that is owned by the City of Fairhope or any third party. Additionally, I hereby indemnify and hold harmless the City of Fairhope, its agents, servants and employees from any and all claims and causes of action that may arise from injury to me or third parties who are injured or suffer property damage that is any way caused by the use of the boat lift. Additionally, I acknowledge the City of Fairhope is entitled to recover from me all costs, fees and expenses including, but not limited to, court costs, attorneys’ fees and interest related to the defense of any ac tion related to the construction, installation or use of the boat lift. This indemnity and hold harmless agreement is given to the City of Fairhope to protect the City and its agents, servants and employees from costs of defense and claims for injuries and damages that may be caused either directly or indirectly by me the construction, installation and use of the boat lift. Page 237 of 263 Safety Standards 1. Structural Integrity: a. The boat lift structure should be designed and constructed to withstand anticipated loads and environmental conditions, including wind, waves, and water currents. b. Use high-quality materials that resist corrosion and deterioration in marine environments. 2. Safety Features a. Incorporate safety features such as emergency stop buttons, limit switches to prevent overloading, and proper shielding of moving parts to prevent accidents. b. Ensure that all electrical components meet marine-grade standards and include ground fault circuit interrupters (GFCIs) to protect against electrical hazards. c. All electrical installations must use a removable 30 amp or 50 amp connection to the existing power pedestal so that when the connection is removed the powerline is not energized. 3. Clear Markings and Signs: a. Provide clear markings indicating load capacities, operational instructions, and potential hazards. b. Install warning signs where necessary to alert users to risks associated with the boat lift operation. Aesthetic Standards 1. Appearance and Finish: a. Materials and finishes must be used that enhance the aesthetic appeal of the boat lift and blend harmoniously with the marina environment. Cradle lifts are the only approved lift type. Boat lift slings are not allowed b. Colors and textures that complement surrounding structures and boats must be taken into consideration. 2. Minimal Visual Impact: a. Design must minimize visual obtrusiveness, particularly for larger lifts, to preserve the scenic beauty of the marina Consider colors and textures that complement surrounding structures and boats b. The boat lift must integrate seamlessly into the overall marina landscape without dominating the view Page 238 of 263 Operational Standards 1. Smooth and Reliable Operation: a. The boat lift must operate smoothly and quietly to minimize disruption to marina users and neighboring properties. b. The boat lifts mechanical components must be tested and calibrated regularly to maintain optimal performance. c. Adjustable features to adapt to fluctuating water levels must be included. The boat lift must maintain a minimum height of four (4) feet above mean high tide and not exceeding five (5) feet Compliance and Documentation 1. Regulatory Compliance: a. The lessee must adhere to local building codes, environmental regulations, and safety standards applicable to boat lift installations. b. The lessee must obtain necessary permits and approvals before commencing installation or modifications. 2. Documentation and Maintenance Records: a. The lessee must Maintain detailed documentation including installation manuals, maintenance schedules, and records of inspections and repairs. Copies of these documents and records must be kept on file in the marina office. Page 239 of 263 In addition to the installation guidelines provided, it is mandatory that all boat lift installers and maintenance companies operating within the marina environment be licensed and insured Licensing Requirements 1. Licensing Authority: Installers and maintenance companies must hold valid licenses issued by relevant local or state authorities. These licenses demonstrate that the installer has met specific qualifications, including knowledge of marine construction, electrical installations, and adherence to safety standards. Licenses must remain valid throughout the duration of the contract or project. Insurance Requirements 1. General Liability Insurance: Installers and maintenance companies must carry adequate general liability insurance. This insurance protects against claims for bodily injury and property damage that may occur during installation, maintenance, or operation of boat lifts. Insurance policies must remain valid throughout the duration of the contract or project 2. Marine Insurance: For companies involved in marine construction or operations, including underwater installations or repairs, marine insurance may be required. This insurance must cover risks specific to maritime activities, such as damage to marine stru ctures or vessels during installation. By signing below, the parties acknowledge their agreement to the terms and conditions outlined in this addendum. Agreed and Accepted: _________________________________ _________________________________ Signature of Lessee Signature of Marina Representative _________________________________ _________________________________ Printed Name of Lessee Printed Name of Marina Representative _________________________________ _________________________________ Personal Guarantor signature Printed name of Personal Guarantor _________________________________ _________________________________ Date Date Page 240 of 263 Updated 09-12-2022 FAIRHOPE DOCKS RULES AND REGULATIONS In an effort to provide an inviting atmosphere for Owners docking at Fairhope Docks, the following rules and regulations are provided for your protection and constitute a part of and are deemed incorporated into the License and Lease Agreement for Dockage Space. Your compliance with the following rules and regulations will be appreciated. 1. When a boat enters the marina, the Owner, crew and guests must comply with the all the rules and regulations set out herein, and as amended by the Marina, from time to time. 2. Only boats in good condition, and under their own power, shall be admitted to berthing areas. In the event of an emergency during Owner’s absence, e.g., breakdown of the bilge pump, leak, bad lines, etc., the Marina is authorized to make necessary repairs as economically as possible which will be charged to the Owner. Owner acknowledges and agrees that Marina is not obligated to make such emergency repairs. 3. No part of a boat moored in a marina slip may extend over any part of the marina’s docks. Boats moored bow first must be secured in such a way as to prevent bow pulpit from protruding or hanging over walkways. 4. All pets must be registered with the marina office. All pets must be on a leash and controlled when moving through the common areas of the property and docks. All pets must be taken off the property for exercise and relief. Owners are expected to immediately clean up an accidental mess on the docks and property created by their pets. At the sole discretion of Management, any pet deemed to be a nuisance will be banned from the marina. 5. Boats leaving for an extended cruise will so notify the Marina Manager’s office. The Marina reserves the right to rent all docks when vacant; however, transients will move for seasonal contracts or advance reservations. 6. The Rules of the Road and the Navigation Laws of the United States apply to all vessels entering or leaving the Marina. 7. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or other receptacles supplied for that purpose. Owner shall notify Marina of anything that will not fit in these cans and Marina shall dispose of same. No person shall discharge oil, fuel, spirits, flammable substances or oily bilges into or near the Marina. Charcoal or gas fires will not be permitted on the docks. 8. Noise shall be kept to a minimum at all times. Patrons shall use discretion in operating engines, generators, radios, stereo equipment and television sets, so as not to create a nuisance or disturbance. The use of mechanical tools (buffers, sander, etc.) outside the boat is prohibited. All boats must have underwater exhaust in operation. 9. The Marina shall retain no fewer than ten (10) slips for commercial fishing vessels; however, if there are not ten (10) slips in use, the empty slips may be used as deemed in the best interests of the Marina including but not limited to leasing to transients. Page 241 of 263 Updated 09-12-2022 a. DEFINITION OF A COMMERCIAL FISHING VESSEL: i. A commercial fishing vessel is defined as a vessel designed for the sole purpose of harvesting fish, shrimp or crabs. Recreational fishing vessels do not meet this definition. ii. There is a one (1) year minimum license and lease required. iii. Slip license/lease rates shall be reviewed annually and set from year to year. iv. Owner must possess a commercial fishing license AND a City of Fairhope Business License – no exceptions – to be eligible for commercial fisherman status. v. A copy of both the commercial fishing license and the City of Fairhope Business License shall be kept in the Marina Office and be updated annually. vi. No refunds will be given except as described below. b. The license and lease term for a commercial fishing vessel shall be for one year commencing on August 15th, payable in one lump sum in advance. License and lease for the remainder of the year is likewise payable in full and in advance on a prorated basis. i. If slip is vacated, the City will, upon receipt of license and lease payment from new lessee, reimburse lessee unused slip payment on a prorated basis, less 10%. ii. If the annual payment is not paid within 30 days of its due date, lessee shall be in default and interest at the rate of 3% per month compounded shall be charged until the account is made current. iii. All costs of collection, including attorney’s fees, shall be paid by lessee. c. If lessee breaches any provision of the LICENSE AND LEASE AGREEMENT FOR DOCKAGE SPACE, the slip LICENSE AND LEASE AGREEMENT FOR COMMERCIAL FISHING VESSELS shall be deemed null and void and owner shall remove the vessel within 20 days of the City’s written notice to do so. As a result of such breach, lessee shall forfeit to the City all prepaid leased fees for the remainder of the licensed year. Additionally, lessee shall be liable to pay all legal costs incurred, including attorney’s fees, shall be paid by the lessee. d. Refer to the LICENSE AND LEASE AGREEMENT FOR COMMERCIAL FISHING VESSELS for all other details relative to leasing a slip at the Fairhope Docks. 10. A fully licensed commercial fisherman may engage in retail sales from his boat. No signs are permitted. The commercial fisherman shall not have access to the land around his boat for use in retail sales; tables and/or displays are not permitted. He must collect and remit sales tax and be in compliance with local, county and state laws governing the industry. 11. Advertising or soliciting shall not be permitted on any boat within the Marina. The boat, Fairhope Docks, its name, address or phone number shall not be used for business purposes by Owners. Commercial fishing and/or commercial vessels in the commercial area with written authority from management are excepted. 12. Swimming, diving or fishing shall not be permitted in the Marina. 13. Owners shall not store supplies, materials, accessories or debris on walkway, docks or finger piers and shall not construct or place thereon any lockers, chests, cabinets, or similar structures, except with written approval from Marina. Painting, scraping or repairing of gear of the boat shall not be permitted on the walkways, docks or finger piers. The extent of repairs and maintenance which shall be permitted shall be at the sole discretion of the Marina. Owner’s boat must be maintained in a clean and tidy manner. Storage of supplies or personal items shall not be permitted on the decks. Page 242 of 263 Updated 09-12-2022 14. Subleasing of slips, transfer of boats between slips, or from one slip to another slip, shall not be allowed, except upon prior written approval of Marina. Owner agrees that in case of an emergency, Marina may move the boat from the particular space rented to any other mooring place, or if the boat is not moved in accordance with the prior notice from the Marina. Owner acknowledges slip assignment is temporary and may be reassigned by Marina for any reason Marina deems valid and reasonable. 15. Laundry shall not be hung on boats, walkways, docks, or finger piers in the Marina, nor shall “for sale” or “for hire” signs be put on boats. 16. Owners checking out of the marina shall report to the Marina Manager’s office and settle their account prior to leaving. It is suggested that all owners leave a forwarding address in order to permit prompt handling in the event telephone calls or mail is received for them. However, in any event, Marina assumes no responsibility whatsoever for forwarding mail or messages. All personal property must be removed from docks when dockage is terminated; Marina assumes no responsibility for any personal property that may be remaining. 17. Marina reserves the right to limit and govern parking spaces in the Marina area. 18. Motorcycles, bicycles, skateboards and rollerblades will not be allowed to be ridden on any docks or piers and must be stored on the boat or in the parking lot. Dinghies must be berthed within the slip assigned to the boat and in such a manner as not to interfere with the adjoining slip. 19. All lines, rigging and halyards will be secured by the vessel’s Owner in order to eliminate noise. Slotted masts must have noise protection devises. 20. The owner agrees not to permit any residence aboard his vessel while at the Marina. If the Owner’s vessel contains a sanitation device aboard, it must comply with the most advanced state of the art requirements of the Coast Guard governing installation and the use of such devise. The sanitation device must be properly functioning at all times while the vessel is at its berth. No discharge of sanitation effluent or dumping of trash overboard shall be allowed at the marina. 21. Vessels and outside workers must present certificate of liability insurance; limits to be set by Fairhope Docks. Proof of insurance must be shown by slip lease holders. Provide copies annually with the City of Fairhope listed as additional insured on policy. 22. Employees of Fairhope Docks may not be hired to perform work on any vessels at the Marina nor may they be hired to perform any other sort of personal task for or on behalf of any patron or guest at the Marina. 23. Unauthorized use of Marina supplied fresh water is prohibited. 24. Boat owners are not permitted to fill their boats with fuel from personal containers in the marina. 25. Violation of any of the above rules and regulations, as amended from time to time, damage to property or harm the reputation of the Marina shall be cause for immediate removal from the Marina of the boat in question. Page 243 of 263 Updated 09-12-2022 26. Owners who are leasing “wet slips” are responsible for evacuating their vessel from the marina upon the issuance of a HURRICANE WATCH for Coastal Alabama or vicinity by the U.S. Nation Weather Service, National Hurricane Center and comply with the other terms contained herein. 27. It is the responsibility of the Owner to make sure that drain plugs are inserted and removed at the time of hauling or launching. The vessel Owner or one of his representatives needs to be present in order for a boat to be launched. 28. It is the responsibility of the Owner to MAKE SURE THAT TRIM TABS AND BOARDING LADDERS ARE IN THE UP POSITION AND, IF NECESSARY, TOPS, OUTRIGGERS AND ANTENNAS IN THE DOWN POSITION. 29. Fairhope Docks will adhere to the conditions for abandoned and derelict vessels as outlined in the “Code of Alabama 1975 Section 33-5A-1 et seq. A copy of this ordinance may be obtained in the Marina Manager’s office. 30. Effective immediately liveaboards are no longer permitted at Fairhope Docks. Existing liveaboards will be given a 60 day notice to move from the marina. 31. Fairhope Docks does not supply boat lifts in slips. Please request Addendum A to the LICENSE AND LEASE AGREEMENT for details on slip lifts. 32. Long-term slip lease holders are allowed to park one vehicle at the Fairhope Docks Marina parking lot. There are no assigned parking spaces. There shall be no overnight parking of any commercial vehicle, boat, utility or enclosed trailer permitted on Fairhope Docks Marina property. There shall be no overnight parking or long-term parking permitted except for long-term slip holders and their guests on an extended trip. The Marina Manager shall be advised of said trip in accordance with the provisions of #5 in the Rules and Regulations. The Marina Manager, with permission of the Mayor, reserves the right to change this policy as the marina is renovated, redesigned and/or available parking spaces change. 33. Transient boaters shall be permitted to remain on their vessels, but no longer than thirty (30) days. 34. This agreement may be terminated by the Marina upon the following conditions: a. By breach or forfeiture of Owner of any of the covenants or provision of the Agreement or by violation of any marine rule or regulation, as provided in the attachment to the Agreement. b. By written notice of termination by Marina, delivered to the Owner at either address specified in license agreement or to the vessel at least three (3) days prior to the effective date of termination. c. By written notice to the Marina Manager of termination by the Owner, accompanied by tender of unpaid fees or charges if any, on the remaining unused term of the Agreement. d. By a bona fide sale of the Vessel described in the Agreement. e. By dockage or mooring facility becoming unserviceable in the Marina’s sole discretion for any reason whatsoever. f. By date of termination herein specific in License Agreement. This Agreement shall automatically terminate as a matter agreed to, within the terms of this Agreement, and without requirement of further notice. Page 244 of 263 Updated 09-12-2022 OWNER ACKNOWLEDGES HAVING READ AND UNDERSTANDS ALL OF THE RULES AND REGULATIONS OF THIS AGREEMENT AND AGREES TO ABIDE THEREBY. Owner’s Name (Printed):___________________________________________________________________________ Signature: ___________________________________________________________________________________ Date: ____________________________________________________________________________________ Page 245 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-581 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to procure a professional architectural firm for additions and alterations to the Fairhope Stadium Press Box. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: To approve the Mayor's choice of Paul Carpenter Davis Architecture, P.C. for professional architecture services for additions and alterations to the Fairhope Stadium Press Box and allow the Mayor to negotiate fees. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting to procure a professional architectural firm for additions and alterations to the Fairhope Stadium Press Box. The scope of this project will include the following: • ADA ramped access from the parking lot • Expanded press box with game logistics space • Four seats workspace for the home team • Two seats workspace for the visiting team • Two media rooms • Restroom • Two filming locations Per the City "Procedure for Procuring Professional Services for Projects under $100,000.00," Director of Parks and Recreation, Pat White, and Mayor Sherry Sullivan have chosen Paul Carpenter Davis Architecture, P.C. The recommendation to Council is to award the RFQ to Paul Carpenter Davis Architecture, P.C. and allow the Mayor to negotiate a not-to-exceed amount. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 246 of 263 001250- 50475 (Line 290) Recreation - Capital Improvements $ $TBD $ 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 247 of 263 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 Architect Services for (RFQ PS24-036) for Additions and Alterations to the Fairhope Stadium Press Box to Paul Carpenter Davis Architecture, P.C.: and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 12TH DAY OF AUGUST, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 248 of 263 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: August 1, 2024 Re: RFQ PS24-036 Professional Architect Services for Additions and Alterations to the Fairhope Stadium Press Box The Director of Parks and Recreation, Pat White, is requesting the hiring of a professional architectural firm for additions and alterations to the Fairhope Stadium Press Box Per our Procedure for Procuring Professional Services, Pat White, the Recreation Board, and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: • Conceptual Design • Construction Documents • Bidding • Package for DCM Review Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Paul Carpenter Davis Architecture, P.C.. _____________ ___________ None. Submit another list Cc: file, Pat White, Mayor Sherry Sullivan Aug 1, 2024 Page 249 of 263 Memo to choose - Architect for Additions - Fairhope Stadium Press Box Final Audit Report 2024-08-01 Created:2024-08-01 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAVS01Hdisz5KDZVCkDXj2Aa8h-gHlAKrw "Memo to choose - Architect for Additions - Fairhope Stadium Pr ess Box" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-08-01 - 8:05:06 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-08-01 - 8:05:29 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-08-01 - 8:34:21 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-08-01 - 8:34:42 PM GMT - Time Source: server Agreement completed. 2024-08-01 - 8:34:42 PM GMT Page 250 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-568 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS Sherry Sullivan, Mayor SUBJECT: That the City Council hereby establishes there will be no additional parades, races, runs or rides, except for the ones already established and on the books for the City of Fairhope. No request may be made for any additional parades, races, runs or rides to the Mayor and/or the City Council; and that the City Council hereby authorizes and approves the proposed parade permit fee of $5,000.00 per parade beginning October 1, 2025. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Adopt the Resolution that the City Council hereby establishes there will be no additional parades, races, runs or rides, except for the ones already established and on the books for the City of Fairhope. No request may be made for any additional parades, races, runs or rides to the Mayor and/or the City Council; and that the City Council hereby authorizes and approves the proposed parade permit fee of $5,000.00 per parade beginning October 1, 2025. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 251 of 263 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 252 of 263 RESOLUTION NO. _____ BE IT HEREBY RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby establishes there will be no additional parades, races, runs or rides, except for the ones already established and on the books for the City of Fairhope. No request may be made for any additional parades, races, runs or rides to the Mayor and/or the City Council. BE IT FURTHER RESOLVED, That the City Council hereby authorizes and approves the proposed parade permit fee of $5,000.00 per parade beginning October 1, 2025. ADOPTED ON THIS 12TH DAY OF AUGUST, 2024 ______________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 253 of 263 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-570 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: Erin Langley, Eastern Shore Repertory Theatre requests approval to use Henry George Park from April 23rd – May 5th 2025, for the "12th Annual Theater on the Bluff" to present "Grease" for three public performances on the bluff on May 1st -3rd. In addition, they request usage of the City's barricades and to have City employees assist in the setup and removal of the barricades; and permission to have vehicles in the park for the setup of staging, lighting, etc. and for food trucks to be available during performances. AGENDA DATE: August 12, 2024 RECOMMENDED ACTION: Approve - Erin Langley, Eastern Shore Repertory Theatre requests approval to use Henry George Park from April 23rd – May 5th 2025, for the "12th Annual Theater on the Bluff" to present "Grease" for three public performances on the bluff on May 1st -3rd. In addition, they request usage of the City's barricades and to have City employees assist in the setup and removal of the barricades; and permission to have vehicles in the park for the setup of staging, lighting, etc. and for food trucks to be available during performances. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 254 of 263 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 255 of 263 City of Fairhope Approval Special Event Request Date complete application submitted to Rental Facilities Department Event: ______________________________________________________________________________ Person Requesting: ___________________________________________________________________ Date of Event: _______________________________________________________________________ Location: ___________________________________________________________________________ $ ___________ Approval/Disapproval supporting documentation attached. Approval: ______________________________________ Date: _______________ Approx. security cost Police Chief/Designee ______________________________________ Date: _______________ Approx. cost city services $____________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Disapproval: _______________________________________ Date: ______________ Police Chief _______________________________________ Date: ______________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Route back to rental facilities department for application package finalization NOTES: _______________________________________________________________________________________ _____________________________________________________________________________________________ Rev. 01/20 MS/CM Stephanie Hollinghead (Jul 24, 2024 13:30 CDT) Stephanie Hollinghead Eastern Shore Repertory Theater Spring Play on the Bluff Erin Langely 4/24/24-5/6/24 Henry George Bluff 7/24/2024 3,240 They do an annual COLI. Will have another one issued to cover the event in April 2024 07 19 2024 7/24/2024 2,000.00 7/25/2024 4 Page 256 of 263 Page 257 of 263 Page 258 of 263 Page 259 of 263 Page 260 of 263 Page 261 of 263 ESRT Bluff Rental Packet 2024 Final Audit Report 2024-07-25 Created:2024-07-19 By:Nick Martin (nicholas.martin@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAANpVBCx_KkBL1NM11vLyfAf12egK-KYOg "ESRT Bluff Rental Packet 2024" History Document created by Nick Martin (nicholas.martin@fairhopeal.gov) 2024-07-19 - 7:27:10 PM GMT Document emailed to stephanie.hollinghead@fairhopeal.gov for signature 2024-07-19 - 7:32:00 PM GMT Email viewed by stephanie.hollinghead@fairhopeal.gov 2024-07-19 - 7:52:28 PM GMT Signer stephanie.hollinghead@fairhopeal.gov entered name at signing as Stephanie Hollinghead 2024-07-24 - 6:30:42 PM GMT Document e-signed by Stephanie Hollinghead (stephanie.hollinghead@fairhopeal.gov) Signature Date: 2024-07-24 - 6:30:44 PM GMT - Time Source: server Document emailed to George Ladd (george.ladd@fairhopeal.gov) for signature 2024-07-24 - 6:30:46 PM GMT Email viewed by George Ladd (george.ladd@fairhopeal.gov) 2024-07-24 - 6:52:52 PM GMT Document e-signed by George Ladd (george.ladd@fairhopeal.gov) Signature Date: 2024-07-24 - 6:59:25 PM GMT - Time Source: server Document emailed to Paige Crawford (paige.crawford@cofairhope.com) for signature 2024-07-24 - 6:59:27 PM GMT Email viewed by Paige Crawford (paige.crawford@cofairhope.com) 2024-07-25 - 12:59:32 PM GMT Document e-signed by Paige Crawford (paige.crawford@cofairhope.com) Signature Date: 2024-07-25 - 1:03:17 PM GMT - Time Source: server Page 262 of 263 Agreement completed. 2024-07-25 - 1:03:17 PM GMT Page 263 of 263