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11-12-2024 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Tuesday, November 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. Election of New Council President and Council President Pro Tempore 2. Approve minutes of 28 October 2024 Regular City Council Meeting and minutes of 28 October 2024 Work Session 3. Report of the Mayor 4. Public Participation – Agenda Items – (3 minutes maximum) 5. Council Comments 6. Ordinance - An Ordinance to declare that certain real property (105 Farmable Acres) of the City of Fairhope is temporarily designated surplus and not needed for public or municipal purposes in response to an offer to lease property yearly from January 1 through December 31 for one year with four one-year options. The City of Fairhope reserves the right to terminate the lease partially or completely or carve out certain portions of the property for municipal purposes. 7. Ordinance - To Establish Water and Wastewater (Sewer) Rates for all Customers of the City of Fairhope Water and Wastewater Systems and to Repeal Ordinance No. 1791. 8. Consent Agenda - To approve the Resolutions and Requests for FY2025 Appropriations; and to authorize Mayor Sullivan to execute the contracts for the same. 9. Resolution - That the City Council authorizes acceptance of a GOMESA grant (Grant #G-CFNPII/24/CF) in the amount of $1,328,400.00 and authorizes Mayor Sherry Sullivan to sign all necessary documents. The funding is for Phase II of the Flying Creek Nature Preserve. 10. Resolution - That the City of Fairhope approves the procurement of Axon Tasers, accessories and training, on the Alabama Statewide Contract (Contract #MA240000004814) with Axon Enterprise, Inc., that therefore does not have to be let out for bid, for the not-to-exceed cost of $252,945.00; and authorizes Mayor Sherry Sullivan to execute the contract. 11. Resolution - That the City of Fairhope approves the procurement of a Mohawk TR- 75WT Lift for the not-to-exceed cost of $140,418.95; and authorizes City Treasurer to transfer FY25 Budget amounts to cover shortage of $30,418.95 as listed on the Resolution. Page 1 of 207 City Council Regular Meeting November 12, 2024 Page - 2 - 12. Resolution - That the City Council accepts an ADEM Alabama Recycling Fund grant (Grant #ARF24-07-256) in the amount of $43,000.00 and authorizes Richard Johnson to sign all necessary documents. This is a pass-through award for the purchase of a forklift to be used at the Baldwin County Materials Recovery Facility (MRF); and authorizes the Treasurer to reimburse the Solid Waste Authority (SWA) for the purchase of the forklift upon receiving the grant funding. 13. Resolution - That the City of Fairhope approves the procurement of roof replacement for the Connex Shop Building at the Wastewater Treatment Plant from Roof Doctors for a not-to-exceed cost of $21,720.00. 14. Resolution - That the City of Fairhope approves the procurement of Neptune Water Meters to replenish inventory for the Water Department to be purchased from Consolidated Pipe and Supply Company, Inc. as Sole Source Provider in the State of Alabama for Neptune Technology Group, Inc.; and are exempt from formal bid pursuant to Code of Alabama 1975, Section 41-16-51(b)(7). The total estimated annual cost is $500,000.00. 15. Resolution - That the City of Fairhope approves the procurement of an upgrade to the Offsite Data Backup System with C-Spire and authorizes Mayor Sherry Sullivan to sign the Telecommunications Service Agreement Amendment. The additional cost is $1,000.00 per month for a total monthly cost of $3,560.00. 16. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Contract Amendment No. 2 for (RFQ PS015-22) for Natural Gas Engineering Consulting Services, with Magnolia River, for remaining costs for Phase 1 of the project, not- to-exceed $175,832.15. The total cost of the contract for Phase 1 will be $1,175,832.15. 17. Request - Michelle Thomason, President, Fairhope Sunset Rotary Club, requesting permission for the use of the City streets for a fundraising event that will benefit local charities on Saturday, January 13, 2025 for the 6th Annual 0.5K Run in Fairhope from 1:00 p.m. to 1:30 p.m. 18. Appointment - Fairhope Public Schools Commission 19. Public Participation – (3 minutes maximum) 20. Adjourn Next City Council Regular Meeting - Thursday, November 21, 2024, 2:00 p.m. Page 2 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-785 FROM: Corey Martin, Council President jack Burrell, Council Member SUBJECT: AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: Election of New Council President and Council President Pro Tempore 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 3 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-174 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of 28 October 2024 Regular City Council Meeting and minutes of 28 October 2024 Work Session AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: Approve minutes of 28 October 2024 Regular City Council Meeting and minutes of 28 October 2024 Work Session BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 207 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, 28 October 2024. Present were Council President Corey Martin, Councilmembers: Jack Burrell, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Jimmy Conyers was absent. There being a quorum present, Council President Martin called the meeting to order at 6:02 p.m. The invocation was given by Councilmember Kevin Boone and the Pledge of Allegiance was recited. Councilmember Robinson moved to approve minutes of the 14 October 2024, regular meeting; and minutes of the 14 October 2024, work session. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1. Downtown Trick or Treat 2. Fairhope Soccer Club Halloween Blast Tournament 3. Veterans Day Parade 4. Veterans Drive opening 5. Shout out to Wes Boyett and the Gas Department 6. Fairhope Public Library’s revised policies and procedures were approved by the Alabama Public Library Service. Council President Martin said the Policies are on the Fairhope Public Library’s website. The following individuals spoke during Public Participation for Agenda Items: 1)John Stewart, 306 Morphy Avenue, addressed the City Council regarding Agenda Item No. 5: a Site Plan Review and Approval of property owned by Fairhope Single Tax Corporation and Peter Fargason to add two residential units with the addition of a second floor. The property is approximately 0.10 acres and is located at 315 De La Mare Avenue, #A (Aubergine Building). He was concerned with parking being blocked to build the second floor. 2)Mayor Sullivan addressed the City Council regarding Agenda Item No. 26: the request of Alyson Jackson request on behalf of the Nall Foundation to use the north end of Fairhope Pier Park on November 1, 2024, for Fred Nall Hollis, a beloved local resident artist in Fairhope small memorial service with the setup of a tent in the parking lot next to the duck pond and bridge with access to this area from 12:00 p.m. to 6:00 p.m. (including setup, breakdown, cleanup, and electricity.) She said Ms. Jackson paid the rental fees and explained. Page 5 of 207 28 October 2024 3)Jeff Hauge, Coach at Bayshore Christian School, addressed the City Council regarding Agenda Item No. 27: that the City Council adopts the following recommendation from the Recreation Board for W. C. Majors Stadium if available with no rental fee reductions: to increase the current rental of W. C. Majors Stadium to $4,000.00 per day for any event being held on a Thursday, Friday or Saturday only; and this only includes use of the field, paint, and scoreboard. No use of the jumbotron will be allowed except by Fairhope Middle and High School. He said this will be devastating to the Athletic Budget; and asked the City Council to reconsider lowering fees. Councilmember Burrell stated that we have had a beautiful October; and asked how we are doing on water. Mayor Sullivan replied that we are averaging 7 million gallons per day. Councilmember Robinson said Councilmember Conyers is not here today but is currently with his wife who is recovering from surgery. He asked everyone to keep them in their prayers. Councilmember Robinson said there are others in our community going through similar issues; and asked for everyone to keep them in their prayers. Councilmember Robinson said the issues we have during our City Council meetings are important but these are not life and death issues. He said but these folks are dealing with life and death issues. He asked the audience to be considerate and think about what goes on in this room. Councilmember Boone asked everyone to keep Councilmember Conyers and his wife in your prayers. Council President Martin said the weekend was great and it was nice seeing all the kids enjoying the Downtown Trick or Treat event. He said that the soccer field was packed out. Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review and Approval of property owned by Fairhope Single Tax Corporation and Peter Fargason to add two residential units with the addition of a second floor. The property is approximately 0.10 acres and is located at 315 De La Mare Avenue, #A (Aubergine Building), Fairhope, Alabama. PPIN #68209. (Planning Commission unanimously recommends approval of SR 24.04). Councilmember Burrell moved to approve the Site Plan property owned by Fairhope Single Tax Corporation and Peter Fargason listed above with Staff’s one condition. The motion was seconded by Councilmember Robinson. Councilmember Burrell said there is a big difference between a condo and a hotel; and parking needs to be tied to occupancy not units. Mr. Simmons mentioned an ad hoc committee working on parking. Larry Smith with S.E. Civil stated they met the turning radius; and the owners plan to live in the building. He said there will be a covered pedestrian Page 6 of 207 walkway during the addition. After further discussion, motion passed unanimously by voice vote. 28 October 2024 Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review and Approval of property owned by Encounter Development, LLC for Sherwin Williams on Lot 5 of the Encounter Commercial Retail Center on the northeast corner of the Alabama Highway 104 and 181 intersection. The subject property is less than an acre (0.894) and is zoned B-2. PPIN #108453. (Planning Commission unanimously recommends approval of SR 24.04). Councilmember Burrell moved to approve the Site Plan property owned by Encounter Development, LLC listed above with Staff’s one condition. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. 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 a contract with Kimley-Horn and Associates, Inc. for Professional Engineering Services for (RFQ PS24-028) for the City of Fairhope Comprehensive Safety Action Plan (U.S. Department of Transportation SS4A Grant) with a not-to-exceed amount of $200,000.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5230-24 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 Kimley-Horn and Associates, Inc. for Professional Engineering Services for (RFQ PS24-028) for the City of Fairhope Comprehensive Safety Action Plan (U.S. Department of Transportation SS4A Grant) with a not-to- exceed amount of $200,000.00. ADOPTED ON THIS 28TH DAY OF OCTOBER, 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 appointing a Director to the Educational Building Authority of the City of Fairhope, Alabama – St. Michael Catholic High School: reappoint Ellis Ollinger for a term ending on the second Monday of Page 7 of 207 November 2026. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. 28 October 2024 RESOLUTION NO. 5231-24 A RESOLUTION APPOINTING A DIRECTOR TO THE EDUCATIONAL BUILDING AUTHORITY OF THE CITY OF FAIRHOPE, ALABAMA – ST. MICHAEL CATHOLIC HIGH SCHOOL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA (the “City Council”), as follows: Section 1. The City Council has found and determined and does hereby find, determine and declare as follows: (a) The City Council has heretofore authorized the incorporation, and appointed the directors, of The Educational Building Authority of the City of Fairhope, Alabama - St. Michael’s Catholic High School (the “Authority”). (b) The current term of Mr. Ellis Ollinger as a director of the Authority expires on the second Monday of November, 2024. (c) It is in the best interests of the Authority and the City to reappoint Ellis Ollinger as a director of the Authority. Section 2. Pursuant to Section 16-17-5 of the Code of Alabama 1975, the City Council does hereby appoint the following person as a director of the Authority for the term ending on the date and year set opposite the name thereof: Section 3. All ordinances, resolutions, orders, or parts of any thereof, of the City in conflict, or inconsistent, with any provision of this resolution hereby are, to the extent of such conflict or inconsistency, repealed. Section 4. This resolution shall take effect immediately. Duly passed and adopted this 28th day of October, 2024 Corey Martin, Council President SEAL Attest: Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to adopt Transportation Plan Pursuant to the Name End of Term Mr. Ellis Ollinger Second Monday of November, 2026 Page 8 of 207 Rebuild Alabama Act FY2025. The motion was seconded by Councilmember Boone. Council President Martin questioned if Northop Street could be added to the list. 28 October 2024 Mr. Johnson said it could be added to the qualified list. Councilmember Burrell withdrew his motion; and then moved for the adoption of the following resolution with the addition of Northrop Street to the list. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5232-24 WHEREAS, the Alabama legislature in Act. No. 2019-2 adopted the Rebuild Alabama Act; WHEREAS, the Rebuild Alabama Act provides for an allocation among the municipalities of the state on the basis of the ratio of population of each municipality to the total population of all municipalities of the state a portion of the additional taxes levied under the Act to be used for transportation infrastructure, improvement, preservation and maintenance; WHEREAS, the Act provides that the municipal governing body of the City of Fairhope, Alabama, shall adopt an annual Transportation Plan, no later than August 31, which shall provide a detailed list of projects for which expenditures are intended to be made in the next fiscal year and shall be based upon an estimate of the revenues anticipated from the fund in which the additional revenue is deposited during the next fiscal year; and WHEREAS, the Act further provides that any such funds shall be used only for the maintenance, improvement, replacement, and construction of roads and bridges maintained by the City of Fairhope, Alabama, and such other uses as are defined in the Act. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, as follows: 1. The City Council of Fairhope, Alabama, hereby passes this Resolution as its Transportation Plan submitted in compliance with the Rebuild Act, Act No. 2019-2. 2. Pursuant to the Act, the City Council of Fairhope, Alabama, estimates that its anticipated allocation from the Rebuild Alabama Act fund for fiscal year 2025 will be approximately $182,000.00, with increasing allocations for each fiscal year thereafter. 3. Pursuant to the Act, the City anticipates expending funds received pursuant to the Act, in part or in whole, to fund any of the following numbered 1 through 34 City Road maintenance, improvement, replacement, and/or construction projects with the exception of Project #8 (City Facility) as shown on the City of Fairhope FY 2025 Transportation Plan with the addition of Northrop Street. 4. The Total Estimate of Improvements for the Qualifying Roads in the City of Fairhope FY 2025 Transportation Plan is approximately $2,313,345.00 well in excess of the FY2025 Rebuild Alabama Act fund allocation. DULY ADOPTED THIS 28TH DAY OF OCTOBER, 2024 _____________________________ Corey Martin, Council President Attest: Page 9 of 207 ______________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 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 an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Narrowleaf Boulevard/Bay Meadows Road in Fairhope, Alabama. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5233-24 WHEREAS, The City of Fairhope shall enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for the installation, operation, and maintenance of a traffic signal at the intersection of State Highway 181 at Narrowleaf Boulevard/Bay Meadows Road in Fairhope, Alabama; WHEREAS, This Agreement requires participation by the City of Fairhope and the State of Alabama for the installation of a traffic signal at the above-mentioned intersection. The State of Alabama will furnish and install the equipment and/or associated hardware utilized in the accomplishment of the work. The total cost to install the traffic signal will be 100% funded by the State of Alabama; and WHEREAS, The City of Fairhope will be the “Maintaining Agency” for the operation and maintenance of mast arm signal with radar detection and adaptive system components; and WHEREAS, In the event the State contributes funds to the work, the City of Fairhope will be credited or debited for the under-runs or overruns. BE IT RESOLVED, by the City Council of Fairhope, Alabama that Mayor Sherry Sullivan is hereby authorized to execute an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Narrowleaf Boulevard/Bay Meadows Road in Fairhope, Alabama. Adopted and Approved this 28th day of October, 2024 _________________________________ Corey Martin, Council President Attest: Page 10 of 207 __________________________________ Lisa A. Hanks, MMC City Clerk 28 October 202 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 an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Threshing Boulevard in Fairhope, Alabama. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5234-24 WHEREAS, The City of Fairhope shall enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for the installation, operation, and maintenance of a traffic signal at the intersection of State Highway 181 at Threshing Boulevard in Fairhope, Alabama; WHEREAS, This Agreement requires participation by the City of Fairhope and the State of Alabama for the installation of a traffic signal at the above-mentioned intersection. The State of Alabama will furnish and install the equipment and/or associated hardware utilized in the accomplishment of the work. The total cost to install the traffic signal will be 100% funded by the State of Alabama; and WHEREAS, The City of Fairhope will be the “Maintaining Agency” for the operation and maintenance of mast arm signal with radar detection and adaptive system components; and WHEREAS, In the event the State contributes funds to the work, the City of Fairhope will be credited or debited for the under-runs or overruns. BE IT RESOLVED, by the City Council of Fairhope, Alabama that Mayor Sherry Sullivan is hereby authorized to execute an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Threshing Boulevard in Fairhope, Alabama. Adopted and Approved this 28th day of October, 2024 _________________________________ Corey Martin, Council President Attest: Page 11 of 207 __________________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 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 an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Rockwell in Fairhope, Alabama. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5235-24 WHEREAS, The City of Fairhope shall enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for the installation, operation, and maintenance of a traffic signal at the intersection of State Highway 181 at Rockwell in Fairhope, Alabama; WHEREAS, This Agreement requires participation by the City of Fairhope and the State of Alabama for the installation of a traffic signal at the above-mentioned intersection. The State of Alabama will furnish and install the equipment and/or associated hardware utilized in the accomplishment of the work. The total cost to install the traffic signal will be 100% funded by the State of Alabama; and WHEREAS, The City of Fairhope will be the “Maintaining Agency” for the operation and maintenance of mast arm signal with radar detection and adaptive system components; and WHEREAS, In the event the State contributes funds to the work, the City of Fairhope will be credited or debited for the under-runs or overruns. BE IT RESOLVED, by the City Council of Fairhope, Alabama that Mayor Sherry Sullivan is hereby authorized to execute an Agreement between the City of Fairhope and the State of Alabama, acting by and through the Alabama Department of Transportation, for the installation, maintenance, and operation of a traffic signal at the intersection of State Highway 181 at Rockwell in Fairhope, Alabama. Adopted and Approved this 28th day of October, 2024 _________________________________ Corey Martin, Council President Attest: Page 12 of 207 __________________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves International Code Council Inc. to perform Professional Consulting Services for 3rd Party Review of Construction Documents for (RFQ PS25-007) for the Building Department, and hereby authorizes Mayor Sherry Sullivan to execute a contract with a negotiated not- to-exceed amount of $16,131.20. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5236-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection of International Code Council Inc. to perform Professional Consulting Services for 3rd Party Review of Construction Documents for (RFQ PS25-007) for the Building Department, and hereby authorizes Mayor Sherry Sullivan to execute a contract with a not-to-exceed amount of $16,131.20. DULY ADOPTED THIS 28TH DAY OF OCTOBER, 2024 ________________________________ Corey Martin, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-004) to CraneWorks, Inc. for CMC 72HD+Arbor Pro or Equivalent with a bid proposal not-to-exceed $120,972.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * Page 13 of 207 * 28 October 2024 RESOLUTION NO. 5237-24 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 for CMC 72HD+Arbor Pro or Equivalent (Bid No. 25-004) for the Public Works 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: CraneWorks, Inc. $120,972.00 [3] After evaluating the bids with required specifications, CraneWorks, Inc. is now awarded (Bid No. 25-004) for CMC 72HD+Arbor Pro or Equivalent for the Public Works Department with a bid proposal not-to-exceed $120,972.00. DULY ADOPTED THIS 28TH DAY OF OCTOBER, 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 for FY2025 Potting Soil Sungro MM830-F3B RSi from Sungro Horticulture Inc. as sole source and manufacturer. The annual cost is estimated at $71,068.80. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * Page 14 of 207 * 28 October 2024 RESOLUTION NO. 5238-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement for FY2025 Potting Soil Sungro MM830-F3B RSi from Sungro Horticulture Inc. as sole source and manufacturer. The annual cost is estimated at $71,068.80. ADOPTED ON THIS 28TH DAY OF OCTOBER, 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 Extension No. 3 for Bid No. 039-21 for Three Year Pest Control with Redd Pest Solutions with all terms and conditions as original bid award until December 20, 2024 to allow time for a rebid of a new contract. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5239-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute Extension No. 3 of Bid No. 039-21 for Three Year Pest Control with Redd Pest Solutions with all terms and conditions as original bid award until December 20, 2024 to allow time for a rebid of a new contract. ADOPTED ON THIS 28TH DAY OF OCTOBER 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Page 15 of 207 Lisa A. Hanks, MMC City Clerk 28 October 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 CARUS 8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LLC, for an estimated annual amount of $300,000.00 based on the option by the Code of Alabama 1975, Section 41-16-51(13), Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5240-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of CARUS 8700 Corrosion Inhibitor Water Treatment Chemical as the Sole Source Procurement from distributor Alberty & Blakeney LLC, for an estimated annual amount of $300,000.00 based on the option by the Code of Alabama 1975, Section 41-16-51(13). ADOPTED ON THIS 28TH DAY OF OCTOBER, 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 Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Bleach) from Hawkins, Inc. for the Water Department and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(b)(7). The estimated annual cost for these chemicals is $250,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. * Page 16 of 207 * 28 October 2024 RESOLUTION NO. 5241-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of Hydrated Lime, Chlorine, Hydrofluosilicic Acid (Fluoride), and Azone 15 (Bleach) from Hawkins, Inc. for the Water Department and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(b)(7). The estimated annual cost for these chemicals is $250,000.00. ADOPTED ON THIS 28TH DAY OF OCTOBER, 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 Liquid Lime for water treatment as the Sole Source Procurement from Burnett Lime Company, Inc., and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The annual estimated cost will be $50,000.00. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5242-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of Liquid Lime for water treatment as the Sole Source Procurement from Burnett Lime Company, Inc. and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16- 51(13). The annual estimated cost will be $50,000.00. ADOPTED ON THIS 28TH DAY OF OCTOBER, 2024 _________________________________ Corey Martin, Council President Attest: Page 17 of 207 _______________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 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 Krebs Engineering for Repair and Painting of the Water Tank at Water Treatment Plant No. 2 (RFQ PS25-005) with a not-to-exceed amount of $55,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5243-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for Repair and Painting of the Water Tank at Water Treatment Plant No. 2 (RFQ PS25- 005) with a not-to-exceed amount of $55,000.00. ADOPTED ON THIS 28TH DAY OF OCTOBER 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 a preventative maintenance program annual contract for the UV Signa System from Trojan Technologies Group ULC as the sole source, and authorizes procurement based on the option by the Code of Alabama 1975, Section 41-16- 51(13). The annual cost is $19,649.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5244-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of a preventative maintenance program annual contract for the UV Signa System from Trojan Technologies Group ULC as the sole source, and authorizes procurement based on the option by the Code of Alabama 1975, Section 41-16- 51(13). The annual cost is $19,649.00. ADOPTED ON THIS 28TH DAY OF OCTOBER, 2024 _________________________________ Corey Martin, Council President Attest: Page 18 of 207 _______________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution, a resolution that the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, approximately 350 scrap brass water meters, by the following method: sold for scrap or recycle at the highest offered value. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5245-24 WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: Approximately 350 Scrap Brass Water Meters SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Sold for scrap or recycle at the highest offered value. ADOPTED AND APPROVED THIS 28TH DAY OF OCTOBER, 2024 _______________________________ Corey Martin, Council President ATTEST: _______________________________ Page 19 of 207 Lisa A. Hanks, MMC City Clerk 28 October 2024 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes submittal to the ADECA Edward Byrne Memorial JAG Fund in the amount of $50,000.00 with no matching funds required. The funds will be used to purchase necessary tactical equipment for the Police Department, including night vision, thermal vision and robot equipment. Seconded by Councilmember Burrell, motion passed unanimously by voice vote. RESOLUTION NO. 5246-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes submittal to the ADECA Edward Byrne Memorial JAG Fund in the amount of $50,000.00 with no matching funds required. The funds will be used to purchase necessary tactical equipment for the Police Department, including night vision, thermal vision and robot equipment. DULY ADOPTED THIS 28TH DAY OF OCTOBER, 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 the 2024 Lighting of the Trees stage, miscellaneous equipment, and labor to Sound Associates, Inc. with a total not-to-exceed cost of $13,000.00 for the City of Fairhope's Lighting of the Trees Celebration on November 21, 2024. Seconded by Councilmember Boone, motion passed unanimously by voice vote. * Page 20 of 207 * 28 October 2024 RESOLUTION NO. 5248-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of the 2024 Lighting of the Trees stage, miscellaneous equipment, and labor to Sound Associates, Inc. with a total not-to- exceed cost of $13,000.00 for the City of Fairhope’s Lighting of the Trees Celebration on November 21, 2024. ADOPTED ON THIS 28TH DAY OF OCTOBER, 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 the Annual Renewal of the VMWARE VSPHERE FOUNDATION 8 Support that is on Omnia Partners (Contract #2018011-02) with SHI International Corporation and therefore does not have to be let out for bid. The total amount not-to- exceed $33,860.32. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5247-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City of Fairhope approves the procurement of the Annual Renewal of the VMWARE VSPHERE FOUNDATION 8 Support that is on Omnia Partners (Contract #2018011-02) with SHI International Corporation and therefore does not have to be let out for bid. The total amount not-to-exceed $33,860.32. ADOPTED ON THIS 28TH DAY OF OCTOBER, 2024 _________________________________ Corey Martin, Council President Page 21 of 207 Attest: ________________________________ Lisa A. Hanks, MMC City Clerk 28 October 2024 Councilmember Robinson moved to grant the request of Alyson Jackson request on behalf of the Nall Foundation to use the north end of Fairhope Pier Park on November 1, 2024, for Fred Nall Hollis, a beloved local resident artist in Fairhope small memorial service with the setup of a tent in the parking lot next to the duck pond and bridge with access to this area from 12:00 p.m. to 6:00 p.m. (including setup, breakdown, cleanup, and electricity.) The event will host 100 guests, and we will have three golf carts to transport guests from the parking area to the tent. Light refreshments and finger food are provided. The motion was seconded by Councilmember Boone. Councilmember Burrell stated that the City Council could only set fees. Mayor Sullivan explained how she came up with the $300.00 for rental plus deposit. Councilmember Burrell said this should be for a one-time rental fee of $300.00 plus deposit. After further discussion, motion passed unanimously by voice vote as presented by Councilmember Burrell. Council President Martin read the Recreation Board’s recommendation: a resolution that the City Council adopts the following recommendation from the Recreation Board for W. C. Majors Stadium if available with no rental fee reductions: to increase the current rental of W. C. Majors Stadium to $4,000.00 per day for any event being held on a Thursday, Friday or Saturday only; and this only includes use of the field, paint, and scoreboard. No use of the jumbotron will be allowed except by Fairhope Middle and High School. City Attorney McDowell said the resolution needed to be amended as written. He said it should state “W. C. Majors Stadium if available with no rental fee reductions: to increase the current rental of W. C. Majors Stadium to $4,000.00 per day for any event being held on a Thursday, Friday or Saturday only; and this only includes use of the field, paint, scoreboard, and jumbotron except historic use by Fairhope Middle and High School. Councilmember Burrell introduced in writing, and moved for the adoption of the following resolution as amended, a resolution that the City Council adopts the following recommendation from the Recreation Board for W. C. Majors Stadium if available with no rental fee reductions: to increase the current rental of W. C. Majors Stadium to $4,000.00 per day for any event being held on a Thursday, Friday or Saturday only; and this only includes use of the field, paint, scoreboard, and jumbotron except historic use by Fairhope Middle and High School. The motion was seconded by Councilmember Boone. Councilmember Burrell explained the fees and the reason for increasing fees; and put it off for over a year. He said there was a lot of debate on the Recreation Board and all thought these were reasonable for all entities. He commented we cannot give these Page 22 of 207 away for free. Council President Martin said the fees were higher than the recommended fees; and commented these fees are fair. Councilmember Robinson said when setting $4,000.00 fees it appears you do not want them to use the field. Councilmember Robinson said he did not agree with these fees; and said no entity could use and make money at this price. 28 October 2024 Mayor Sullivan said it started at $5,000.00 and much debate. She said the fees are a City Council decision. Councilmember Robinson asked if the $4,000.00 could be half for non-profits. Councilmember Burrell said there are no provisions for non-profits. Councilmember Robinson asked if we could have a contract with Bay Shore Christian with escalators. City Attorney McDowell what you do for one entity, you have to do for all entities. Councilmember Burrell said this is only one component and mentioned the new track and use. After further discussion, Councilmember Burrell withdrew his motion; and moved to table this Agenda Item indefinitely. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Council President Martin read the Recreation Board’s recommendation: a resolution that the City Council to approve that Bayshore Tennis Team be allowed to use courts at the Mike Ford Tennis Center for their fall season only, at a rate of $5.00 per player, per day, for 15 total days, with current Resolution No. 5189-24 to go into effect starting June 1, 2025. He said this is the same fee for any one to play tennis at the Mike Ford Tennis Center. Councilmember Robinson asked why we really need a resolution if the team is paying the normal rate. Councilmember Burrell said we set the rental fees because of tournaments and if we move the date we lose money for those. Both Mayor Sullivan and City Clerk Lisa Hanks told the City Council the $5.00 fee was the daily rate to play tennis. Councilmember Robinson moved to amend Resolution No. 5189-24 to postpone the per player day rate from changing until June 1, 2025 leaving all other Tournament fees in place as previously adopted. Councilmember Burrell commented daily rate is not included. After further discussion, Councilmember Robinson withdrew his motion; and moved to table this Agenda Item. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Councilmember Burrell moved to reappoint Cathy Hudson and Charlie Langham to the Recreation Board for a 5-year term which will expire November 2029. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items. Page 23 of 207 1) Doug Greengard, 311 Wakefield Avenue, addressed the City Council regarding events from past few days: Faith Family Freedom Fest at the pavilion and Title IX Immigration event held at First Baptist Church. He said everyone was invited but no one attended but Mayor Sullivan. Mr. Greengard requested an apology from Council President Martin. 28 October 2024 Councilmember Robinson moved to adjourn the meeting. Seconded by Councilmember Boone, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:42 p.m. Corey Martin, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 207 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, 28 October 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, Attorney Christopher S. Williams, and City Clerk Lisa A. Hanks. Council President Martin called the meeting to order at 4:30 p.m. The following topics were discussed: •The first item on the Agenda was the Cost of Services Study Presentation and Discussion by Jackson Thornton. Mayor Sullivan addressed the City Council and introduced Jim Marshall with Jackson Thornton. Mr. Thornton presented the Power Point Presentation titled, “City of Fairhope Electric, Water, Wastewater & Gas Cost of Service Studies: 12 Months Ending September 2022.” (See attached Presentation) Councilmember Burrell questioned organic growth to 100 percent. Mr. Marshall explained we just want to break even; and will work gradually to 100 percent. Mayor Sullivan said we should do this study every two to three years. •The next item on the Agenda was the Executive Session. 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 pending and the legal ramifications of and legal options for potential litigation. The approximate time to be in Executive Session is 45 minutes. Councilmember Burrell moved to go into Executive Session. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Exited the dais at 5:00 p.m. Returned at 5:52 p.m. •Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Items No. 17 through No. 22; and answered any questions if needed. He told the City Council that the Publix Liftstation on Highway 104 was up and running. •Gas Superintendent Wes Boyett addressed the City Council and gave an update on the Alabama Public Service Commission recent inspection; and said they found no violations and had no recommendations. He gave a shout out to two of his employees who handled this inspection: Lewis Jones and Ty Northrop. Councilmember Burrell commented last meeting about complaints from citizens of their lines being cut; and said the next day two Gas employees came to his home to let him know a line had been cut. He said they were very professional. •IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 24; and answered any questions if needed. Page 25 of 207 Monday, 28 October 2024 Page -2- •Chief Stephanie Hollinghead addressed the City Council regarding Agenda Item No.23; and answered any questions if needed. •City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 9, No. 10, No. 11, and No. 12; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 6:02 p.m. ______________________________ Corey Martin, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 26 of 207 City of Fairhope Electric, Water, Wastewater & Gas Cost of Service Studies 12 Months Ending September 2022 Presented October 28, 2024 Page 27 of 207 Typical Objectives of Rate Study 2 1.Revenue Stability and Sufficiency 2.Fairness and Equity •Fair is related to cross subsidies •Equity is related to Price=Cost 3.Ability to Pay 4.Simplicity (Admin & Cust Understanding) 5.Defensible Page 28 of 207 Overview of Process 3 1.Determine Revenue Requirements •How much does the system need to operate? 2.Develop Revenue Requirements by Rate Class •How much does the system need to recover by rate class? 3.Develop COS Rates and Design Acceptable Rates •How does the system best recover the needed revenues? 4.Implement Rate Changes Page 29 of 207 Cash Method – All Systems Revenue Requirement 4Page 30 of 207 Cash Method – All Systems Revenue Requirement 5Page 31 of 207 Water – Cash Method Revenue Requirement 6 *Debt Service Includes $2,491,000 of annual payments that do not yet exist Page 32 of 207 Water – Components of Revenue Requirement 7Page 33 of 207 Water – Revenue Requirement by Rate Class 8Page 34 of 207 Water – Recovery by Class 9Page 35 of 207 Water – Results & Recommendations, 1 of 3 10 •The water system is anticipated to under-recover by approximately $3,700,000 on a total need of $13,000,000. •During our most recent work session held with staff on September 16, 2024, it was decided to try and target a 90% recovery in two steps. •This equals approximately $1,221,00 in additional revenue each of the next two steps. Page 36 of 207 Water – Results & Recommendations, 2 of 3 11Page 37 of 207 Water – Results & Recommendations, 3 of 3 12 •For all Inside City Limit customers, including irrigation, consider the following rate action: •Increase the monthly customer charge $0.75 each of the next two steps. Total increase of $1.50. •Increase volumetric rate on all volumes by $1.00 each of the next two steps. Total increase of $2.00 per kGal. •For all Outside City Limit customers, including irrigation, consider the following rate action: •Increase volumetric rate on all volumes by $0.50 each of the next two steps. Total increase of $1.00 per kGal. Page 38 of 207 Water – Inside City Rate Curve – Full Implementation 13Page 39 of 207 Water – Inside City Rate Impact – Full Implementation 14Page 40 of 207 Water – Projected Recovery – Full Implementation 15Page 41 of 207 Sewer – Cash Method Revenue Requirement 16 *Debt Service Includes $2,058,000 of annual payments that do not yet exist Page 42 of 207 Sewer – Components of Revenue Requirement 17Page 43 of 207 Sewer – Revenue Requirement by Rate Class 18Page 44 of 207 Sewer – Recovery by Class 19Page 45 of 207 Sewer – Results & Recommendations, 1 of 3 20 •The sewer system is anticipated to under-recover by approximately $4,442,000 on a total need of $11,778,000. •During our most recent work session held with staff on September 16, 2024, it was decided to try and target a 90% recovery in two steps. •This equals approximately $1,636,00 in additional revenue each of the next two steps. Page 46 of 207 Sewer – Results & Recommendations, 2 of 3 21Page 47 of 207 Sewer – Results & Recommendations, 3 of 3 22 •For all customers consider the following rate action: •Increase the monthly customer charge $4.00 each of the next two steps. Total increase of $8.00. •Increase volumetric rate on all volumes by $1.50 each of the next two steps. Total increase of $3.00 per kGal. Page 48 of 207 Sewer – Inside City Rate Curve – Full Implementation 23Page 49 of 207 Sewer – Inside City Rate Impact – Full Implementation 24Page 50 of 207 Sewer – Projected Recovery – Full Implementation 25Page 51 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-782 FROM: Lisa Hanks, CITY CLERK jack Burrell, Council Member SUBJECT: Ordinance to declare that certain real property (105 Farmable Acres) of the City of Fairhope is temporarily designated surplus and not needed for public or municipal purposes in response to an offer to lease property yearly from January 1 through December 31 for one year with four one-year options. The City of Fairhope reserves the right to terminate the lease partially or completely or carve out certain portions of the property for municipal purposes. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: That the City Council adopts Ordinance to declare that certain real property (105 Farmable Acres) of the City of Fairhope is temporarily designated surplus and not needed for public or municipal purposes in response to an offer to lease property yearly from January 1 through December 31 for one year with four one-year options. The City of Fairhope reserves the right to terminate the lease partially or completely or carve out certain portions of the property for municipal purposes. The price is set at $95.00 per farmable acre for an annual payment of $9,975.00. BACKGROUND INFORMATION: Tobin Street, Inc. and Eric Street, Inc. d/b/a Fairhope Dairy have been leasing this property since January 2020; and additionally, Lessee mows the pecan orchard on the subject property at least six (6) times as needed per year. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001-40980 Rent - Farm $9,975.00 $___ ($____) Rent Revenue GRANT: Page 52 of 207 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 53 of 207 ORDINANCE NO. _____ AN ORDINANCE DIRECTING THE LEASE OF CERTAIN REAL PROPERTY AND DECLARING SAID PROPERTY TO BE TEMPORARILY SURPLUS AND NOT CURRENTLY NEEDED FOR PUBLIC OR MUNICIPAL PURPOSES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS: Section 1. The legal description of the real estate that is the subject matter of this Ordinance is in Baldwin County, Alabama and is more particularly described as follows: The East Half of Southeast Quarter and the Southeast Quarter of the Northeast Quarter, less and except a parcel described as commencing at the Southeast Corner of Section 33, Township 6 South, Range 2 East, run thence West, 1333 feet South, run thence North, 40 feet South for the Point of Beginning; thence continue North, 801 feet South, thence Southeast, 307 feet South, thence West, 65 feet South, to the point of beginning. Section 2. The CITY COUNCIL OF THE CITY OF FAIRHOPE, has determined that the above described property is temporarily surplus and is not currently needed for public or municipal purposes and pursuant to the authority granted by Section 11-47-21 of the Code of Alabama of 1975, the Mayor is authorized to execute a lease of said property to TOBIN STREET, INC. and ERIC STREET, INC. d/b/a FAIRHOPE DAIRY for an annual payment of $9,975.00 to the general fund. Section 3. The terms of the lease shall be as follows: 1. The price is set at $95.00 per farmable acre (currently 105 acres) and shall be paid in full at the start of the lease, 2. Fairhope Dairy is to mow the Pecan orchard on the property at least six times per year as needed, 3. Fairhope Dairy shall not be responsible for repairing damage to non-farmed land due to natural acts such as storm damage to the orchard, 4. The lease term is for one year with four one year options under the current terms, 5. The lease shall run from January 1 to December 31 effective immediately, 6. The City of Fairhope reserves the right to terminate the lease partially or completely or carve out certain portions of the property for municipal purposes, 7. The City shall provide 180 day notice to Fairhope Dairy of any carve out or reduction of farmable acreage available under the lease, 8. After said notice, the lease price shall be adjusted according to the remaining farmable acreage. Page 54 of 207 Ordinance No. _____ Page -2- Section 4. 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. Section 5. This ordinance shall take effect immediately upon due adoption and publication as required by law. Adopted and approved this 12th day of November, 2024. City of Fairhope By:____________________________ Corey Martin, Council President Attest: By: _________________________ Lisa A. Hanks, MMC City Clerk Adopted and approved this 12th day of November, 2024. City of Fairhope By:___________________________ Sherry Sullivan, Mayor Page 55 of 207 MUNICIPAL LEASE AGREEMENT This Lease Agreement is made and entered into this 1st day of January, 2025 at Fairhope, Alabama, by and between TOBIN STREET, INC. and ERIC STREET, INC. d/b/a FAIRHOPE DAIRY, "Lessee," and THE CITY OF FAIRHOPE, ALABAMA, a municipal corporation, hereinafter referred to as "Lessor." ARTICLE 1. DEMISE, DESCRIPTION, USE, TERM AND RENT Lessor leases to Lessee, and Lessee leases from Lessor, that certain property, hereinafter called the "leased premises," situated in Fairhope, Baldwin County, Alabama, and described as follows: The East Half of Southeast Quarter and the Southeast Quarter of the Northeast Quarter, less and except a parcel described as commencing at the Southeast Corner of Section 33, Township 6 South, Range 2 East, run thence West, 1333 feet South, run thence North, 40 feet South for the Point of Beginning; thence continue North, 801 feet South, thence Southeast, 307 feet South, thence West, 65 feet South, to the point of beginning. to be farmed for a term of one year commencing on January 1, 2025 and ending December 31, 2025 subject to the renewal and early termination options herein provided. ARTICLE 2. RENT Lessee shall pay $95.00 per year per farmable acre (one hundred five (105 acres)) as rent beginning on the January 1, 2025 of the month upon which Lessee occupies the premises or on execution of this lease and continuing thereafter annually until the end of the lease term. The total amount to be paid as rent during the lease term is $9,975.00. Lessee shall provide Lessor a copy from the Baldwin FSA office outlining the farmable acreage on the leased property and it shall be attached hereto as Exhibit “A”. Additionally, Lessee shall mow the pecan orchard on the subject property at least six (6) times as needed per year. Should the orchard be damaged by major storm or other natural disaster, Lessee shall not be responsible for said major storm cleanup. The terms of the lease do not include access to or use of the existing buildings or structures located on the leased land. Page 56 of 207 2 ARTICLE 3. INSURANCE Lessee's Obligation Lessee agrees to and shall, within 15 days from the date hereof, secure from a good and responsible company or companies doing insurance business in the State of Alabama, and maintain during the entire term of this lease, the following coverage: (1) General Liability and Automobile Liability coverage in the amount of $1,000,000 and shall name Lessor as an additional loss payee. The coverage shall be furnished by a company with an A.M. Best rating of "A" or better. (2) Lessee shall be responsible for insurance on the portion of the premises used and leased by lessee. Lessee shall be responsible for any and all claims, actions, suits, demands, damages and injuries arising from any loss of life, bodily or mental injury or property damage arising from any occurrence in or upon the leased premises, and Lessee shall hold Lessor harmless there from. Proof of Coverage The original policies may be retained by the insured, but the Lessor shall have the right to inspect any and all such policies, and the insured, on demand, agrees to furnish the other party proof of payment of the premium or premiums on any such policies. Protection Against Cancellation Lessee must also give proof to Lessor, pursuant to the paragraph above, that each of the policies provided for in this Article expressly provides that the policy shall not be cancelled or altered without thirty (30) days' prior written notice to the Lessor. Failure to Secure If Lessee at any time during the term hereof should fail to secure or maintain the foregoing insurance, the Lessor shall be permitted to obtain such insurance in the defaulting party's name or as the agent of the defaulting party and shall be compensated by the defaulting party for the cost of the insurance premiums. The defaulting party shall pay the other interest on paid insurance premiums at the rate of ten percent (10%) per annum computed from the date written notice is received that the premiums have been paid. ARTICLE 4. UTILITIES Lessee shall during the term hereof pay all charges for telephone, gas, electricity, sewage, and water used in or on the leased premises. Page 57 of 207 3 ARTICLE 5. WASTE AND NUISANCE Lessee shall not commit, or suffer to be committed, any waste on the leased premises, nor shall it maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purposes. ARTICLE 6. REPAIRS Lessee agrees to keep the leased premises in good order and repair, and to keep the leased premises clean in a reasonable and customary manner. ARTICLE 7. ALTERATIONS, IMPROVEMENTS, AND FIXTURES Lessee shall have the right to improve, add to, or alter the leased premises and to install fixtures thereon only with the prior written consent of the Lessor. Improvements Lessee shall have the right at Lessee's own cost and expense from time to time during the term or any extended term of this lease to construct on the leased premises such improvements, and make such alternations, additions, and changes therein as Lessee deems necessary or convenient for Lessee's purposes, and Lessee shall be permitted from time to time during and within thirty (30) days after expiration or sooner termination of the term of this lease to remove any such building or other improvements erected or made by Lessee; provided, however, that the Lessee shall repair any damages to the leased premises caused by removal and further provided that any building or improvements that are not removed by Lessee on or within thirty (30) days after expiration or sooner termination of the term or any extended term of this lease shall be deemed abandoned by Lessee and shall become the absolute property of Lessor without compensation to Lessee, and Lessee shall not be required on such abandonment to restore the premises to their present condition. ARTICLE 8. QUIET POSSESSION Lessor shall, on the commencement date of the term of this lease, place Lessee in quiet possession of the leased premises and shall secure the Lessee in the quiet possession thereof against all persons lawfully claiming possession during the entire lease term and each extension of the lease. ARTICLE 9. DELIVERY OF POSSESSION If Lessor shall be unable to deliver possession of the leased premises on the commencement date of the term hereof, Lessor shall not be liable to Lessee for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the term hereof in any way be extended, but in such event, Lessee shall not be liable for any rent herein reserved until such time as Lessor can and does deliver possession. Page 58 of 207 4 ARTICLE 10. TERMINATION OR EXTENSION Option to Renew or Extend Lessee is hereby granted and shall, if not at the time in default under this lease, have four annual options to renew this lease for an additional period of one (1) year from the termination date hereof, but otherwise on the same terms, covenants, and conditions. How Exercised These options shall be exercised only by Lessee's delivering to Lessor in person or by United States registered or certified mail on or before sixty (60) days before the end of the lease term, written notice of Lessee's election to renew. Effect of Holding Over In the event Lessee does not renew this lease as herein provided and holds over beyond the expiration of the term hereof, such holding over shall be deemed a month-to-month tenancy only. Early Partial or Complete Termination The Lessor at its discretion may terminate the lease on certain portions of the farmable land as the Lessor develops said land for future Municipal purposes. The City shall provide the Lessee 180 day written notice of its intent to terminate the lease partially or completely or carve out certain portions of the property for municipal purposes. The remaining leased farmable land will remain in place under lease and the rent will be prorated accordingly. ARTICLE 11. DEFAULTS AND REMEDIES Default of Lessee If Lessee shall allow the rent to be in arrears more than thirty (30) days after written notice of such delinquency, or shall remain in default under any other condition of this lease for a period of fifteen (15) days after written notice from Lessor, or should any other person than Lessee secure possession of the premises, or any part thereof, by reason of any receivership, bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at Lessor's option, without notice to Lessee, terminate this Lease. Should Lessor be unable to relet after reasonable efforts to do so, or should such monthly rental be less than the rental Lessee was obligated to pay under this lease, or any renewal thereof, plus the expense of reletting, then Lessee shall pay the amount of such deficiency to Lessor. Page 59 of 207 5 It is expressly agreed that in the event of default by Lessee hereunder, Lessor shall have a lien upon all goods, chattels, or personal property of any description belonging to Lessee which are placed in, or become a part of, the leased premises, as security for rent due and to become due for the remainder of the current lease term, which lien shall not be in lieu of or in any way affect any statutory Lessor's lien given by law, but shall be cumulative thereto; and Lessee hereby grants to Lessor a security interest in all such personal property placed in said leased premises for such purposes. This shall not prevent the sale by Lessee of any merchandise in the ordinary course of business free of such lien to Lessor. In the event Lessor exercises the option to terminate the leasehold, and to reenter and relet the premises as provided in the preceding paragraph, then Lessor may take possession of all of Lessee's property on the premises and sell the same at public or private sale after giving Lessee reasonable notice of the time and place of any public sale or of the time after which any private sale is to be made, for cash or on credit, or for such prices and terms as Lessor deems best, with or without having the property present at such sale. The proceeds of such sale shall be applied first to the necessary and proper expense of removing, storing, and selling such property, then to the payment of any rent due or to become due under this lease, with the balance, if any, to be paid to Lessee. ARTICLE 13. INSPECTION BY LESSOR Lessee shall permit Lessor and Lessor's agents to enter into and upon the leased premises at all reasonable times for the purpose of inspecting the same or for the purpose of maintaining or making repairs or alterations to the building. ARTICLE 14. ASSIGNMENT AND SUBLEASE Assignment and Subletting by Lessee Lessee shall not assign this lease nor sublet all or any portion of the leased premises without the prior written consent of the Lessor. Assignment by Lessor Lessor is expressly given the right to assign any or all of Lessor's interest under the terms of this lease. ARTICLE 15. MISCELLANEOUS Rights and Remedies Cumulative The rights and remedies provided by this lease are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Page 60 of 207 6 Waiver of Default No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this lease shall be deemed to be a waiver of any other breach of the same or any other terms, condition, or covenant contained herein. Attorney's Fees In the event Lessee breaches any of the terms of this agreement whereby the Lessor employs attorneys to protect or enforce its rights hereunder and prevails, then the Lessee agrees to pay the other party reasonable attorney's fees so incurred by such other party. Excuse Neither Lessor nor Lessee shall be required to perform any term, condition, or covenant in this lease so long as such performance is delayed or prevented by any acts of God and any other cause not reasonably within the control of the Lessor or Lessee and which by the exercise of due diligence Lessor or Lessee is unable, wholly or in part, to prevent or overcome. IN WITNESS WHEREOF, the undersigned Lessor and Lessee hereto execute this agreement as of the day and year first above written. LESSOR: THE CITY OF FAIRHOPE A MUNICIPAL CORPORATION By: Corey Martin, Council President LESSEE: Tobin Street Inc. By: As its ______________________________________ Eric Street Inc. By: As its ______________________________________ Page 61 of 207 7 STATE OF ALABAMA COUNTY OF BALDWIN I, , a Notary Public in and for said County, in said State, hereby certify that COREY MARTIN whose name as Council President of THE CITY OF FAIRHOPE, a municipal corporation, is signed to the foregoing Commercial Lease Agreement, and who is known to me, acknowledged before me on this day, that being informed of the contents of said Lease Agreement he, as such officer, and with full authority, executed the same voluntarily for and as the act of said municipal corporation, acting in its capacity as Council President as aforesaid. Given under my hand this the __ day of January, 2025. NOTARY PUBLIC My Commission Expires: STATE OF ALABAMA COUNTY OF BALDWIN I, , a Notary Public in and for said County in said State, hereby certify that ____________________ whose name as of Tobin Street, Inc. is signed to the foregoing Lease Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the Lease Agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of said Corporation. Given under my hand this the _ day of January 2025. NOTARY PUBLIC My Commission Expires: Page 62 of 207 8 STATE OF ALABAMA COUNTY OF BALDWIN I, , a Notary Public in and for said County in said State, hereby certify that _____________________ whose name as of Eric Street, Inc. is signed to the foregoing Lease Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of the Lease Agreement, he, as such officer and with full authority, executed the same voluntarily for and as the act of said Corporation. Given under my hand this the _ day of January 2025. NOTARY PUBLIC My Commission Expires: Prepared by: MARCUS MCDOWELL City Attorney 60 N. Section St. Post Office Box 1367 Fairhope, Alabama 36533 (251) 928-1915 Page 63 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-786 FROM:Kim Creech, CITY TREASURER Daryl Morefield, WATER SUPERINTENDENT Sherry Sullivan, Mayor SUBJECT:To Establish Water and Wastewater (Sewer) Rates for all Customers of the City of Fairhope Water and Wastewater Systems and to Repeal Ordinance No. 1791. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: That the City Council adopt the Ordinance to Establish Water and Wastewater (Sewer) Rates for all Customers of the City of Fairhope Water and Wastewater Systems and to Repeal Ordinance No. 1791. BACKGROUND INFORMATION: Jackson Thornton conducted Electric, Water, Wastewater & Gas Cost of Service Studies and presented it at the October 28, 2024, City Council Work Session. The new rates are the recommendations of Jackson Thornton to be increased over a period of two years beginning January 1, 2025. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 64 of 207 ORDINANCE NO: _____ AN ORDINANCE TO ESTABLISH WATER AND WASTEWATER (SEWER) RATES FOR ALL CUSTOMERS OF THE CITY OF FAIRHOPE WATER AND WASTEWATER SYSTEMS AND TO REPEAL ORDINANCE NO. 1791 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: ARTICLE III. WATER AMEND - Sec. 21-38 RATE - SCHEDULE (a) Water rates schedule: Beginning 01/01/2025 •W1 Inside the City Limits: •Minimum Charge $14.75 •Plus, each 1,000 gallons $3.60 (1,000 - 6,999) •Usage 7,000 gallons and greater $4.60 •Plus LCA and Tax •W2 & W3 Outside the City Limits •Minimum Charge $17.50 •Plus, each 1,000 gallons $4.30 (1,000 - 6,999) •Usage 7,000 gallons and greater $5.35 •Plus LCA and Tax •IRR1 Inside the City Limits: •Minimum Charge $14.75 •Plus, each 1,000 gallons $4.60 •Plus LCA and Tax •IRR2 & IRR3 Outside the City Limits: •Minimum Charge $17.50 •Plus, each 1,000 gallons $5.35 •Plus LCA and Tax Beginning 01/01/2026 and until replaced by the City Council •W1 Inside the City Limits: •Minimum Charge $15.50 •Plus, each 1,000 gallons $4.60 (1,000 - 6,999) •Usage 7,000 gallons and greater $5.60 •Plus LCA and Tax •W2 & W3 Outside the City Limits •Minimum Charge $17.50 •Plus, each 1,000 gallons $4.80 (1,000 - 6,999) •Usage 7,000 gallons and greater $5.85 •Plus LCA and Tax Page 65 of 207 Ordinance No. _____ Page -2- •IRR1 Inside the City Limits: •Minimum Charge $15.50 •Plus, each 1,000 gallons $5.60 •Plus LCA and Tax •IRR2 & IRR3 Outside the City Limits: •Minimum Charge $17.50 •Plus, each 1,000 gallons $5.85 •Plus LCA and Tax (b) Labor Cost Adjustment (LCA) Factor. The base rates set forth above may be adjusted periodically to account for permanent changes in labor-related revenue requirements (e.g., salaries and wages, pensions and benefits, etc.) that come about as a result of budget actions taken by the City Council for a fiscal year. Such adjustment, when approved by the City Council, shall be calculated as follows: •LCA = 1 + ((TLCB - TLCPY) / BRRR) •Where: TLCB = The total annual labor cost, in dollars, that is reflected in the electric utility budget for the coming fiscal year, as approved by the Board. •TLCPY = The total actual annual labor cost, in dollars, that was incurred by the electric utility for the prior fiscal year. •BRRR = The total estimated revenue requirement, in dollars, that is being recovered in current base rates. •The LCA factor so calculated shall be applied to each retail rate set forth above such that it will result in new base wastewater (sewer) rates. Thus, when applied, a new TLC PY and BRRR will be established for future LCA calculations. The following accounts shall be used in the determination of total labor costs as reflected in TLCB and TLCPY: •Salaries •Payroll Taxes •Retirement Expense •Insurance : Employees Group •Employee Retirement/ Medical Insurance •Casualty/ Workers Compensation Insurance •Note: the listing of accounts used to determine TLCB and TLCPY may be modified from time to time as prescribed by the City's accounting and budget procedures. (c) A $30.00 bad check charge shall be assessed for a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial payment of City services if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from whom the instrument was received pursuant to Code of Alabama, Section 8-8-15. Page 66 of 207 Ordinance No. _____ Page -3- ARTICLE IV. WASTEWATER (SEWER) AMEND - Sec. 21-54 RATE – SCHEDULE (a) Wastewater (sewer) rates schedule: Beginning 01/01/2025 ▪S1 Inside the City Limits: •Minimum Charge $26.00 •Plus, each 1,000 gallons $6.80 •Plus LCA ▪S2 & S3 Outside the City Limits •Minimum Charge $28.50 •Plus, each 1,000 gallons $7.90 •Plus LCA Any household that does not have City of Fairhope water service will be charged a flat rate: ▪Inside the City Limits $62.30 ▪Outside the City Limits $78.20 Beginning 01/01/2026 and until replaced by the City Council ▪S1 Inside the City Limits: •Minimum Charge $30.00 •Plus, each 1,000 gallons $8.30 •Plus LCA ▪S2 & S3 Outside the City Limits •Minimum Charge $32.50 •Plus, each 1,000 gallons $9.40 •Plus LCA Any household that does not have City of Fairhope water service will be charged a flat rate: ▪Inside the City Limits $66.30 ▪Outside the City Limits $82.20 (b) Labor Cost Adjustment (LCA) Factor. The base rates set forth above may be adjusted periodically to account for permanent changes in labor-related revenue requirements (e.g., salaries and wages, pensions and benefits, etc.) that come about as a result of budget actions taken by the City Council for a fiscal year. Such adjustment, when approved by the City Council, shall be calculated as follows: o LCA = 1 + ((TLCB - TLCPY) / BRRR) o Where: TLCB = The total annual labor cost, in dollars, that is reflected in the electric utility budget for the coming fiscal year, as approved by the Board. o TLCPY = The total actual annual labor cost, in dollars, that was incurred by the electric utility for the prior fiscal year. Page 67 of 207 Ordinance No. _____ Page -4- o BRRR = The total estimated revenue requirement, in dollars, that is being recovered in current base rates. o The LCA factor so calculated shall be applied to each retail rate set forth above such that it will result in new base wastewater (sewer) rates. Thus, when applied, a new TLC PY and BRRR will be established for future LCA calculations. The following accounts shall be used in the determination of total labor costs as reflected in TLCB and TLCPY: ▪Salaries ▪Payroll Taxes ▪Retirement Expense ▪Insurance : Employees Group ▪Employee Retirement/ Medical Insurance ▪Casualty/ Workers Compensation Insurance o Note: the listing of accounts used to determine TLCB and TLCPY may be modified from time to time as prescribed by the City's accounting and budget procedures. (c) A $30.00 bad check charge shall be assessed for a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial payment of City services if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from whom the instrument was received pursuant to Code of Alabama, Section 8-8-15. 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 THE 12TH DAY OF NOVEMBER, 2024 ________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS THE 12TH DAY OF NOVEMBER, 2024 _______________________________ Sherry Sullivan, Mayor Page 68 of 207 ORDINANCE N0.1791 AN ORDINANCE TO ESTABLIS H WATER AND WASTEWATER RATES FOR ALL CUSTOM ERS OF THE CITY OF FA IRHOPE WATER AND WASTEWATER SYSTEMS AND TO REPEAL AND REPLACE ORDINANCE NO. 1759. BE IT ORDAINED BY THE GOYERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Al\lEND -Sec. 21-38 ARTICLE III. WATER RATE-SC HEDULE (a)Water rates schedule: •WI Inside the City Limits: •Minimum Charge $I-LOO 14.75 15.50 •Plus. each 1,000 gallons $2.60 (1,000 - 6,999) 3.60 4.60 •Usage 7.000 gallons and greater $3.60 4.60 5.60 •Plus LCA and Tax •W2 & W3 Outside the City Limits •Minimum Charge $17.50 •Plus, each 1,000 gallons $3.80 (1,000 - 6,999) 4.30 4.80 •Usage 7,000 gallons and greater $4.85 5.35 5.85 •Plus LCA and Tax • IRRl Inside the City Limits: •Minimum Charge $14.00 14.75 15.50 •Plus, each 1,000 gallons $3.60 4.60 5.60 •Plus LCA and Tax •IRR2 & IRR3 Outside the City Limits: •Minimum Charge $17.50 •Plus. each 1,000 gallons $4.85 5.35 5.85 •Plus LCA and Tax (b)Labor Cost Adjustment (LCA) Factor. The base rates set forth abo\'e may be adjusted periodically to account for permanent changes in labor-related revenue requirements ( e.g., salaries and wages, pensions, and benefits. etc.) that come about as a result of budget actions taken by the City Council for a fiscal year. Such adjustment, when approved by the City Council, shall be calculated as follows: •LCA = 1 + ((TLCB - TLCPY) / BRRR) •Where: TLCB = The total annual labor cost, in dollars, that is reflected in the electric utility budget for the coming fiscal year, as appro\'ed by the Board. •TLCPY = The total actual annual labor cost, in dollars, that was incurred by the electric utility for the prior fiscal year. •BRRR = The total estimated revenue requirement, in dollars, that is being reco\'ered in current base rates. •The LCA factor so calculated shall be applied to each retail rate set forth above such that it will result in new base wastewater (sewer) rates. Thus, when applied, a new TLC PY and BRRR will be established for future LCA calculations. The following accounts shall be used in the determination of total labor costs as reflected in TLCB and TLC PY: Page 69 of 207 Ordinance No . 1791 Page -2- • Salaries • Payroll Taxes • Retirement Expense • Insurance: Em plo yees Group • Employee Retirees Medical In surance • Workers Compensation Insurance • Note: the listing of accounts used to determine TLCB and TLCPY may be modified from time to time as prescribed by the City's accounting and bud get procedures . ARTICLE IV. WASTEWATER (SEWER) AME D -Sec. 21-54 RATE -SCHEDULE (a) Wastewater (sewer) rates schedule: • SI Inside the City Li mits : • Minimum Charge $22.00 • Plus , each 1,000 gallons $5.30 • Plus LCA ■ S2 & S3 Outside the City Limits • Minimum Charge $24.50 • Plus , each 1,000 gallons 6.40 • Plus LCA Any household that does not h ave City of Fairhop e water service wi ll be charged a flat rate : • Inside the City Limits $58.30 • Outside the City Lim its $74.20 (b) Labor Cost Adjustment (LCA) Factor. The base rates set forth above may be adjusted periodically to account for permanent changes in labor-related revenue requirements ( e.g., salaries and wages, pensions , and benefits , etc.) that come abo ut as a result of budget actions taken by the City Council for a fiscal year. Such adjustment, when approved by the City Council, shall be calculated as follows : • LCA = 1 + ((TLCB -TLCPY) I BRRR) • Where : TLCB = The total annua l labor cost, in dollars , that is reflected in the electric utility budget for the coming fiscal year, as approved by the Board . • TLCPY = The total actual an nu a l labor cost, in dollars, that was incurred by the electric utility for the prior fiscal year. • BRRR = The total estimated revenue requirement , in dollars , that is being reco vered in current base rates. • The LCA factor so calculated shall be applied to each retail rate set forth above such that it wi ll result in new base wastewater (sewer) rates. Thus, when applied , a new TLC PY and BRRR will be established for future LCA calculations. The following accounts shall be used in the determination of tota l labor costs as reflected in TLCB and TLCPY : • • • • • • Salaries Payroll Taxes Retirement Expense Insurance: Employees Group Emp loyee Retirees Medical Insurance Workers Compensation Insurance 26.00 30.00 6.80 8.30 28.50 32.50 7.90 9.40 62.30 66.30 78.20 82.20 Page 70 of 207 Ordinance No. 1791 Page -3- • Note: the listin g of accounts used to detennine TLCB and TLCPY may be modified from time to time as prescribed by the City's accounting and budget procedures. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, se ntence , paragraph or section of this ordinance shall be declared uncon stitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, si nc e 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 on 1, 2024, upon its due adoption and publication as required by law. ADOPTED THIS THE Corey Martin, Council Pre sident Attest: e~ City Cl ADOPTED THIS THE 26TH DAY OF FEBRUARY 2024 Page 71 of 207 Water -Results & Recommendations, 3 of 3 • For all Inside City Limit customers, including irrigation, consider the following rate action: • Increase the monthly customer charge $0. 75 each of the next two steps. Total increase of $1.50. • Increase volumetric rate on all volumes by $1.00 each of the next two steps. Total increase of $2.00 per kGal. • For all Outside City Limit customers, including irrigation, consider the following rate action: • Increase volumetric rate on all volumes by $0.50 each of the next two steps. Total increase of $1.00 per kGal. 12 Page 72 of 207 Sewer -Results & Recommendations, 3 of 3 • For all customers consider the following rate action: • Increase the monthly customer charge $4.00 each of the next two steps. Total increase of $8.00. • Increase volumetric rate on all volumes by $1.50 each of the next two steps. Total increase of $3.00 per kGal. 22 Page 73 of 207 Section 8-8-15 Bad check charge; deemed not finance charge. (a) Any lender of money, extender of other credit, or merchant making a sale of merchandise, goods, or services, or the assignee of the lender, extender of credit, or merchant who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, other extension of credit, or a sale of merchandise, goods, or services may, if the instrument is not paid or is dishonored by the institution, charge and collect, through regular billing procedure or otherwise, from the borrower, person to whom the credit was extended, or from whom the instrument was received, a bad check charge of not more than the greater of either twenty-five dollars ($25.00) or an amount equal to the actual charge by the depository institution for the return of unpaid or dishonored instruments. (b) Commencing January 1, 1999, the bad check charge in subsection (a) shall increase by one dollar ($1) per year through January 1, 2003, at which time the maximum bad check charge shall be thirty dollars ($30.00). Charges imposed in connection with the dishonor of a negotiable instrument shall not be deemed interest finance or other charge made as an incident to or as a condition to the grant of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit as provided in this section or in any other law of this state. (Acts 1985, No. 85-282, p. 182; Acts 1989, Ex. Sess., No. 89-980, p. 19; Acts 1991, No. 91-319, p. 578, §1; Acts 1997, No. 97-413, p. 679, §1.) Page 74 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-777 FROM:Lisa Hanks, CITY CLERK SUBJECT:Consent Agenda - Resolutions and Requests for FY2025 Appropriations AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve the Resolutions and Requests for FY2025 Appropriations; and to authorize Mayor Sullivan to execute the contracts for the same. 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 75 of 207 CONSENT AGENDA A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Downtown Fairhope Business Association for an appropriation of $24,000.00 to advertise and promote the City of Fairhope. A resolution authorizing Mayor Sherry Sullivan to execute a Contract with the Eastern Shore Art Center for use of City Facilities and for an appropriation of $20,000.00 for funds to support and sponsor the educational programs through The Art Center’s Academy of Fine Arts. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Ecumenical Ministries Incorporated for an appropriation of $10,000.00 to support the needs of Fairhope residents. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the United Way of Baldwin County for an appropriation of $1,000.00 to help with continuing support for their collaborative effort with health and human services agencies works to build, grow, and enhance the well-being of citizens in Baldwin County. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Baldwin County Trailblazers for an appropriation of $5,000.00 to support the Smart Walks and the Walking School Bus Program. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Fairhope-Point Clear Rotary Youth Club for an appropriation of $57,000.00 to help manage and operate the Fairhope-Point Clear Rotary Youth Club facility. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Care House, Inc. for an appropriation of $5,000.00 to help with continuing support for children who are victims of sexual and severe physical abuse; and to help with the distribution of the child abuse prevention curriculum. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and The Fairhope Film Festival for an appropriation of $6,000.00 to help bring sustained economic growth from the film industry to the Alabama Gulf Coast through its Fairhope Film Festival. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Mobile Bay National Estuary Program for an appropriation of $15,000.00 to support activities related to Stormwater education and watershed management. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Eastern Shore Chamber of Commerce for an appropriation of $21,000.00 (which includes $15,000.00 for the Annual Leaders Council Program) to advertise and promote the City of Fairhope. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Baldwin Pops for an appropriation of $6,000.00, in-kind services in the amount of $8,400.00, and resources including personnel, but not security after normal business hours; and provides an exception to the Sign Ordinance by allowing banners for their Citywide events and to be displayed 10 days prior to those events to advertise and promote the City of Fairhope. Page 76 of 207 A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and the Fairhope Pirate Booster Club, Inc. for an appropriation of $10,000.00 to be used to assist and benefit all sports in both men’s and women’s athletic programs; and to approve the use of the Fairhope Civic Center for the Annual Drawdown and Silent Auction (date to be announced) which includes the use of associated rooms as needed, placement of a tent in the parking lot (all rental expenses paid by the Club), and use of the facility’s tables and chairs in the tent. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Baldwin County Economic Development Alliance for an appropriation of $20,000.00 to support economic development facilitation within the City of Fairhope. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Safe Harbor Animal Coalition, Inc. for an appropriation of $5,000.00 to help Trap, Neuter & Return “TNR”) local area cats. A resolution authorizing Mayor Sherry Sullivan to execute a Contract between the City of Fairhope and Thomas Hospital for use of the City facilities (rental and cleaning fees), including streets and parks, depending on availability and permission from the Rental Facilities Manager; but they would be responsible for any incidentals, damages, or security if necessary. Approving the request of the Eastern Shore Optimist Club requesting an in-kind donation ($2,000.00) to use the Fairhope Civic Center for the Dogwood Trail Pageant and Scholarship Program. Approving the request of Golf Green Fees and Cart Fees for the Fairhope Educational Enrichment Foundation (“FEEF”) Golf Tournament and Booster Golf Tournament as an in-kind donation ($5,000.00). Page 77 of 207 RESOLUTION NO. WHEREAS , the Downtown Fairhope Business Association serves a public purpose and the publicity that the Downtown Fairhope Business Association gives the City of Fairhope is a public service ; and , WHEREAS , We , the Downtown Fairhope Business Association agree to work with the Mayor, and/or her agent(s); advertise regionally and promote the City of Fairhope. WHEREAS, the term of said contract shall be for one (1) year , beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice. WHEREAS , payment shall be made in the total amount of $24 ,000.00 from the City of Fairhope. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE , ALABAMA that Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhop e and the Downtown Fairhope Business Association . DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 78 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Twenty-Four Thousand Dollars ($24 ,000 .00), to be paid as per motion for approval of thi s appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE , ALABAMA, on the 12th day of November, 2024 ; We , the DOWNTOWN FAIRHOPE BUSINESS ASSOCIATION, agree to work with the Mayor and/or her agent(s) of the City of Fairhope to advertise and promote the City of Fairhope . The term of this contract shall be for the Fiscal year of 2024 -2025. This contract may be cancelled at any time . Pursuant of the motion of thi s appropriation , a one-time payment shall be made in the amount of $24 ,000.00 from the City of Fairhope, until contract either expires or is cancelled. Attest: Lisa A. Hanks , MMC City Clerk Signed this 13th day of November, 2024 DOWNTOWN FAIRHOPE BUSINESS ASSOCIATION By: Alex Robinson , Executive Director CITY OF FAIRHOPE , ALABAMA By: Sherry Sulli van , Mayor Page 79 of 207 RESOLUTION NO. WHEREAS, a contract shall be executed between the City of Fairhope and the Eastern Shore Art Center for contract funding educational programs throu g h th e Academy and Community Outreach Program which provides art education and hands-on learning, on and off site, to all elements of our community: children, youth, adults , seniors, and specia l needs audiences , making an appropriation of $2 0 ,000 .00; and WHEREAS , the Eastern Shore Art Center mu st continue First Friday Artwalk and all publicity as a community event; continue to provide summer art program for the Fairhope-Point Clear Rotary Youth Club (formerly known as the Boys and Girls Club); and provide low cost art classes for local yo uth and senior citizens ; and WHEREAS , the City ofFairhope approves the request from the Eastern Shore Art Center to use the streets (Section Street north of Magnolia to Oak Street and Oak Street to Bancroft and Equality) during their Outdoor Art Show , which is held during the annual Arts & Crafts Festival, to use the streets (Fairhope Avenue from Bancroft Avenue to Churc h Street and Section Street from De La Mare to Magnolia Avenue) for the annual Grand Festival of Art in October; and requesting closure of the streets at 5:00 p .m. on the Friday before the festival for set-up ; and security to be provided , after hours, by the Fairhope Police Department; and WHEREAS , the term of said contract shall be for one ( 1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice ; and WHEREAS , payment shall be made quarterly in the amount of $5 ,000.00; until contract either expires or is cancelled. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereb y authorized to sign a contract between the City of Fairhope and the Eastern Shore Art Center for funds to support and sponsor the educational programs through the Art Center 's Academy for Fine Arts. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest: Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 80 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Twenty Thousand Dollars, ($20,000.00), to be paid as per motion for approval of thi s appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 12th day of November, 2024; We, the EASTERN SHORE ART CENTER, agree to work with the Mayor and/or her agent(s) of the City of Fairhope on the Academy and Community Outreach Program which provides art education and hands-on learning, and off site, to all elements of our community: children, youth, adults, se niors, and special needs audiences. The Eastern Shore Art Center must continue Firs t Friday Artwalk and all publicity as a community event; continue to provide summer art program for the Fairhope-Point Clear Rotary Youth Club (formerly known as the Boys and Girls Club); and provide low cost art classes for local youth and senior citizens. The City of Fairhope approves the request from the Eastern Shore Art Center to use the streets (Section Street north of Magnolia to Oak Street and Oak Street to Bancroft and Equality) during their Outdoor Art Show, which is he ld during the annual Arts & Crafts Festival ; to u se the streets (Fair hope A venue from Bancroft A venue to Church Street and Section Street from De La Mare to Magnolia Avenue) for the annual Grand Festival of Art in October; and requesting closure of the streets at 5:00 p.m . on the Friday before the festival for se t-up ; and security to be provided, after hours, by the Fa irhope Police Department. The term of this contract shall be for the Fiscal year of 2024 -2025. This contract may be cancelled at any time . Pursuant of the motion for approval of this appropriation, payment is to be made quarterly in the amount of $5,000 .00 from the City of Fairhope; unti l contract either expires or is cance lled . Attest: Lisa A. Hanks, MMC City Clerk Signed this 13th day of November, 202 4 EASTERN SHORE ART CENTER By _____________ _ Pelham Pearce, Executive Directo r CITY OF FAIRHOPE By _____________ _ Sherry Sullivan, Mayor Page 81 of 207 RESOLUTION NO. WHEREAS , in Fairhope , Alabama, Ecumenical Min istries Incorporated (EMI) 1s a public , non-profit, non-denominational , United Way social service agency; and , WHEREAS , EMI's mission is to improve the quality of life in Baldwin County by meeting basic needs , encouraging persona l growth , effecting social and economic justice and celebrate our common life ; and , WHEREAS , EMI provide services to the socio-economic and those in crisis situations and have no place to turn for help on the Eastern Shore , including Fairhope and South Baldwin County. The services rendered in clud e: • Emergency Aid -Direct assi stance for med ical , food , uti liti es , rent, clothing , childcare , transportation and other emergency needs . • Meals on Wheel s (MOW 'S) -Vo lun teer 's deliver nutritious , warm meals six days a week. Meals are sub sidized based on need and funding -Fairhope area has nine routes. • Home Repair -These projects include plumbing, ele ctrical work , reb uildi ng floors , installing w ind ows and doors , roofing , building wheelchair ramps and more. This program is for the e ld erly and disabled. • Food Pantry -Our pantries provide a week's supply of food based on the size of the family and their situation. • Prescription Assistance -Thi s program allows under-insured and non-insured persons to recei ve li fe sustaining medications at reduced or no cost through pharmaceutical com panies ' indigent care program. EMI also provide prescription assistance through the Ozanam Charitable Pharmacy in Mobile. • Church-based Community Organizing -This program empowers poor and moderate income families to participate effect ively in our democratic system and allow community members the opportun ity to address the issues affecting their lives: paved streets , lighting , sewage , recreation , and drainage . • EMMY'S Thrift Shop -Through our emergency aid center vouchers are given at no cost. With these vouch ers , people can receive such it ems as appliances , furniture , clothing , etc. Page 82 of 207 Resolution No . Page -2- WHEREAS, Ecumenical Ministries Incorporated has served Fairhope residents since 1969 on a continuous basis and successfully demonstrated the capacity to operate a neighborhood based on social service agency improving countless lives . BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to establish a contract for services between the City of Fairhope and Ecumenical Ministries Incorporated to appropriate the sum of $10 ,000.00 to be used for the needs of Fairhope residents . DULY ADOPTED THIS THE 12TH DAY OF NOVEMBER, 2024 ATTEST: Lisa A. Hanks , MMC City Clerk Corey Martin , Council President Page 83 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Ten Thousand Dollars , ($10 ,000.00), to be paid as per motion for approval of this appropriation , duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 12th day of November, 2024 ; We , ECUMENICAL MINISTRIES INCORPORATED of Fairhope, agree to work with the Mayor and/or her agent(s) of the City of Fairhope to continue helping with the operation of our ministry and its mission to he lp families in need in the City of Fairhope. The term of this contract is for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but contract may be cancelled at any time. Pursuant of the motion of this appropriation , a one-time payment shall be made in the amount of $10 ,000 .00 from the C ity of Fairhope , until contract either expires or is cancelled. Attest: Lisa A. Hanks , MMC City Clerk Signed this 13th day of Novem ber, 2024 ECUMENICAL MINISTRIES INCORPORATED By ____________ _ Sa ll y Deane, Executive Director CITY OF FAIRHOPE By -------------- Sherry Sullivan, Mayor Page 84 of 207 RESOLUTION NO. WHEREAS , a contract shall be executed between the City of Fairhope and United Way of Baldwin County , making an appropriation of$1 ,000.00 to help with continuing support for their collaborative effort with health and human service agencies works to build, grow, and enhance the well-being of citizens in Baldwin County. The United Way of Baldwin County is a network of organizations that brings people together to tackle community issues. Their goal is to create lasting change by addressing the underlying causes to problems in the areas of health , education, financial stability; and to address the needs of Baldwin County citizens. WHEREAS , the term of said contract shall be for one ( 1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice . WHEREAS , payment shall be made in the total amount of $1 ,000 .00. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and United Way of Baldwin County . DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks, MMC City Clerk Corey Martin, Council President Page 85 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum o f One Thousand Dollars , ($1 ,000.00), to be paid as per motion for approval of this appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OFF AIRHOPE , ALABAMA, on the 12th day of November , 2024 ; We , United Way of Baldwin County, agree to work with the Mayor and/or her agent(s) of the City of Fairhope to help with continuing support for their collaborative effort with health and human service agencies works to build, grow , and enhance the well-being of citizens in Baldwin County. The United Way of Baldwin County is a network of organizations that brings people together to tackle community issues. Their goal is to create lasting change by addressing the underly ing causes to problems in the areas of health, education, financial stability; and to addres s the needs of Baldwin County citizens . The term of this contract shall be fo r the Fiscal year of 2024 -2025 . This contract may be cancelled at any time . Pursuant of the motion for approval of this appropriation , a one-time payment shall be made in the total amount of $1 ,000.00 , until contract either expire s or is cancelled . Attest: Lisa A. Hanks, MMC City Clerk Signed this 13th day of November, 2024 UNITED WAY OF BALDWIN COUNTY By --------------- Marin a Simpson , Chair CITY OF FAIRHOPE B y _____________ _ Sherry Sullivan , Mayor Page 86 of 207 RESOLUTION NO. WHEREAS , a contract shall be executed between the City of Fairhope and the Baldwin County Trailblazers , making an appropriation of $5,000.00 to help people shape their communities to be vigorous , healthy , and flourishing for generations to come by implementing a model Walking School Bus program that can positively reduce the soaring rate of childhood obesity by giving parents a supportive solution for assisting their children with walking to school instead of taking a bus or riding in a car. WHEREAS , Baldwin County Trailblazers will continue its monthly Smart Walks to area schools that involves over 100 students and an equal number of parents and grandparents . The Smart Walk program has been a success. WHEREAS , the outcome the program will achieve is to have a significant percentage of students participate in the daily Walking School Program and to be a model for use with other schools. WHEREAS , the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice . WHEREAS , payment shall be made in the amount of$5,000.00 from the City of Fairhope . BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Baldwin County Trailblazers. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A . Hanks , MMC City Clerk Corey Martin, Council President Page 87 of 207 C ONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Five Thousand Dollars , ($5,000.00), to be paid as per motion for approval of this appropriation , duly ap proved and ado pted by the GOVERNING BODY OF THE CITY OF FAIRHOPE , ALABAMA, on the 12th day ofNovember, 2024; We , BALDWIN COUNTY TRAILBLAZERS, agree to work with the Mayor and/or her agent(s) of the City of Fairhope to help people shape their communities to be vigorous, healthy , and flourishing for generations to come by implementing a model Walking School Bus program that can positively reduce the soaring rate of childhood obesity by giving parents a supportive solution for assisting their children wi th walking to school instead of taking a bus or riding in a car. Baldwin County Trailblazers will continue its monthly Smart Walks to area schools that involves over 100 students and an equa l number of parents and grandparents . The Smart Walk program has been a success. The term of this contract shall be for the Fiscal year of 2024 -2025. This contract may be cancelled at any time. Pursuant of the motion for approval of this appropriation , a one-time payment shall be made in the amount of $5,000.00, until contract either expires or is cancelled. Attest: Lisa A. Hanks , MMC City Clerk Signed this 13th day of November, 2024 BALDWIN COUNTY TRAILBLAZERS By _____________ _ Casey Rodden , Treasurer CITY OF FAIRHOPE By ___________ _ Sherry Sullivan, Mayor Page 88 of 207 RESOLUTION NO. WHEREAS, a contract shall be executed between the City of Fairhope and the Fairhope- Point Clear Rotary Youth Club , making an appropriation of $57 ,000.00 to help support the programs and activities to better serve our community and its youth by helping to manage and operate the Fairhope-Point Clear Rotary Youth Club faci li ty . WHEREAS, the Fairhope-Point Clear Rotary Youth Club , agrees to work with the Mayor, and/or her agent(s), to better meet the needs of our community's youth through programs and activities ; i .e., quality after school and summer programs which is an absolute necessity for our community . WHEREAS , the term of said contract sha ll be for one (1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice. WHEREAS , payment shall be made quarterly in the amount of $14 ,250.00 from the City of Fairhope; until contract either expires or is cancelled. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that Mayor Sherry Sullivan is hereby authorized to execute contract between the City of Fairhope and the Fairhope-Point Clear Rotary Youth Club to help support the programs and activities to better serve our community and its youth by helping to manage and operate the Fairhope-Point Clear Rotary Youth Club facility . ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 ATTEST: Lisa A . Hanks , MMC City Clerk Corey Martin , Council President Page 89 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum ofFifty-Seven Thousand Dollars , ($57,000.00), to be paid as per resolution for approval of this appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OFF AIRHOPE , ALABAMA, on the 12th day of November, 2024 ; We , the FAIRHOPE-POINT CLEAR ROT ARY YOUTH CLUB , agree to work with the Mayor, and /or her agent(s), to better meet the need s of our community 's youth through programs and activities ; i.e . quality after school and summer programs which is an absolute necessity for our community by helping to manage and operate the Fairhope-Point Clear Rotary Youth Club Facility . The term of this contract is for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but contract may be cancelled at any time. Pursuant of the motion for approval of this appropriation , payment is to be made quarterly in the amount of $14,250.00 from the City of Fairhope; until contract either expires or is cancelled . Attest: Lisa A. Hanks , MMC City Clerk Signed thi s 13th day of November, 2024 FAIRHOPE-POINT CLEAR ROTARY YOUTH CLUB By ______________ _ Ed Hammele CITY OF FAIRHOPE By ______________ _ Sherry Sullivan , Mayor Page 90 of 207 RESOLUTION NO. WHEREAS , a contract shall be executed between the City of Fairhope and Care House , Inc., making an appropriation of$5 ,000.00 to help with continuing support for children who are victims of sexual and severe physical abuse; and to help achieve normalcy through our counseling and advocacy program for children and families who come to us after being victimized. This appropriation will also help with the distribution of the child abuse prevention curriculum, "Keeping Our Kids Safe" and prevention presentation held throughout Baldwin County. WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but the contract shall be cancelled at any time upon notice. WHEREAS , payment shall be made in the total amount of $5 ,000.00. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and Care House , Inc. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks, MMC City Clerk Corey Martin, Council President Page 91 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Five Thousand Dollars , ($5,000.00), to be paid as per motion for approval of this appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE , ALABAMA, on the 12th day ofNovember, 2024; We, CARE HOUSE, INC., agree to work with the Mayor and/or her agent(s) of the City of Fairhope to help with continuing support for chi ldren who are victims of sexual and severe physical abuse ; and to help achieve normalcy through our counseling and advocacy program for children and families who come to us after being victimized . This appropriation will also help with the distribution of the child abuse prevention curriculum , "Keeping Our Kids Safe" and prevention presentation he ld throughout Baldwin County. The term of this contract shall be for the Fiscal year of 2024 -2025. This contract may be cancelled at any time. Pursuant of the motion for approval of this appropriation , a one-time payment shall be made in the total amount of $5 ,000 .00 , until contract either expires or is cancelled. Attest: Lisa A. Hanks, MMC City C lerk Signed this 13th day of November, 2024 CARE HOUSE , INC. By ____________ _ Niki Whitaker, Executive Director CITY OF FAIRHOPE By ___________ _ Sherry Sullivan, Mayor Page 92 of 207 RESOLUTION NO. WHEREAS , a contract shall be executed between the City of Fairhope and the Fairhope Film Festival, making an appropriation of $6 ,000.00, to help bring sustained economic growth from the film industry to the Alabama Gulf Coast through its Fairhope Film Festival. WHEREAS , the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice. WHEREAS , payment shall be made in the total amount of $6 ,000 .00 from the City of Fairhope. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OFF AIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Fairhope Film Festival. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A . Hanks , MMC City Clerk Corey Martin, Council President Page 93 of 207 C ONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Six Thousand Dollars , ($6 ,000 .00), to be paid as per motion for approval of thi s appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE , ALABAMA , on the 12th day of November, 2024; We , THE FAIRHOPE FILM FESTIVAL , agree to work with the Mayor and/or her agent(s) of the City of Fairhope to help bring sustained economic growth from the film industry to the Alabama Gulf Coast through its Fairhope Film Festival. The term of this contract shall be for the Fiscal year of2024 -2025. This contract may be cancelled at any time. Pursuant of the motion of this appropriation, a one-time payment shall be made in the amount of $6 ,000.00 from the City of Fairhope , until contract either expires or is cancelled. Attest: Lisa A . Hanks , MMC City Clerk Signed thi s 13th day of November, 2024 THE FAIRHOPE FILM FESTIVAL By ___________ _ Mary Riser, Executive Director CITY OF FAIRHOPE By --------------Sherry Sullivan, Mayor Page 94 of 207 RESOLUTION NO. WHEREAS , a contract shall be executed between the City of Fairhope and the Mobile Bay National Estuary Program, making an appropriation of $15 ,000 .00 to support expanded activities related to Stormwater education and watershed management. The Mobile Bay National Estuary Program continues to support City en vironmental resource management efforts: Fairhope Gullies , Create a Clean Water Future, and Watershed Management Plan for the Volanta Gully Watershed. WHEREAS , the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025 ; but the contract shall be cancelled at any time upon notice. WHEREAS , payment shall be made quarterly in the amount of $3 ,750.00 , until contract either expires or is cancelled . BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Mobile Bay National Estuary Program. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks , MMC City Clerk Corey Martin, Council President Page 95 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in con sideration of the sum ofFifteen Thou sand Dollars, ($15 ,000 .00), to be paid as per motion for approval of thi s appropriation , duly appro ved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 12th day of November, 2024 ; We, MOBILE BAY NATIONAL ESTUARY PROGRAM, agree to work with the Mayor and/or her agent(s) of the City of Fairhope to support expanded activities related to Stormwater education and watershed management. The Mobile Bay National Estuary Program continues to support City environmental resource management efforts: Fairhope Gullies , Create a Clean Water Future , and Watershed Management Plan for the Volanta Gully Watershed . The term of thi s contract shall be for the Fi scal year of 2024 -2025. This contract may be cancelled at any time . Pursuant of the motion for approval of th is appropriation , payment is to be made quarterl y in th e amount of $3,750 .00 from the City of Fairhope ; until contract either expires or is cancelled . Attest: Lisa A. Hanks , MMC City Clerk Signed thi s 13th day of November, 2024 MOBILE BAY NATIONAL ESTUARY PROGRAM By ___________ _ Roberta A. Swann, Director CITY OF FAIRHOPE By ___________ _ Sherry Sullivan , Mayor Page 96 of 207 RESOLUTION NO. WHEREAS, the Eastern Shore Chamber of Commerce serves a public purpose and the publicity that the Eastern Shore Chamber of Commerce gives the City of Fairhope is a public service; and , WHEREAS, We , the Eastern Shore Chamber of Commerce , agree to work with the Mayor, and/or his agent(s), advertise (regionally and nationally) and promote the City of Fairhope and to enhance City revenue s through economic development including sales & use taxes , lodging taxes , business licenses , etc.; and to promote public arts and crafts for residents and visitors through the annual art s and crafts festival. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that the Mayor Sherry Sullivan is hereby authorized to enter into a contract with the Eastern Shore Chamber of Commerce to promote the City of Fairhope . The contract shall be for one year , beginning 1 October 2024 and ending 30 September 2025 ; but may be canceled at any time. The contract shall call for a one-time payment to the Eastern Shore Chamber of Commerce in the total amount of $21 ,000 .00 which includes $15 ,000.00 for the Annual Leaders Council Program from the City of Fairhope . ATTEST: Lisa A. Hanks , MMC City Clerk Adopted this 12th day of November, 2024 Corey Martin, Council President Page 97 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Twenty-One Thousand Dollars , ($21,000 .00 which includes $15,000.00 for the Annual Leaders Counci l Program), to be paid as per resolution for approval of this appropriation , duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 12th day of November, 2024 ; We, the EASTERN SHORE CHAMBER OF COMMERCE, agree to work with the Mayor, and /or her agent(s), to advertise and promote the City of Fairhope and to enhance City revenues through economic development including sales & use taxes, lodging taxes , business licenses, etc.; and to promote public arts and crafts for resid ents and visitors through th e annual arts and crafts festival.; and The term of this contract is for one (l) year, beginning l October 2024 and ending 30 September 2025 ; but contract may be cancelled at any time. Pursuant to resolution for approval of thi s appropriation and request for usage of the City facilities ; and resources described above, a one-time payment shall be made in the total amount of $21 ,000.00 (which includes $15 ,000.00 for the Annua l Leaders Council Program) from the City of Fairhope, until contract either expires or is cancelled. Attest: Lisa A. Hanks , MMC City Clerk Signed this 13th day of November, 2024 EASTERN SHORE CHAMBER OF COMMERCE By ______________ _ Casey Gay Williams , President CITY OF FAIRHOPE By ________________ _ Sherry Sullivan , Mayor Page 98 of 207 RESOLUTION NO. WHEREAS, a contract shall be executed between the City of Fairhope and the Fairhope Pirate Booster Club, Inc., making an appropriation of $10,000.00 to be used to assist and benefit all sports in both men's and women's athletic programs. This also includes the use of the Fairhope Civic Center for the Annual Drawdown and Silent Auction ( date to be announced) which includes the u se of associated rooms as needed, placement of a tent in the parking lot (all rental expenses paid by the Club), and use of the facility's tables and chairs in the tent. WHEREAS , the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but the contract shall be cancelled at any time upon notice . WHEREAS , payment shall be made quarterly in the amount of $2,500.00, until contract either expires or is cancelled. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Fairhope Pirate Booster Club, Inc. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks , MMC City Clerk Corey Martin, Council President Page 99 of 207 C ONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Ten Thousand Dollars , ($10 ,000.00), to be paid as per motion for approval of thi s appropriation , duly approved and adopted by the GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, on the 12th day of November, 2024; We , THE FAIRHOPE PIRATE BOOSTER CLUB , INC., agree to work with the Mayor and/or her agent(s) of the City of Fairhope to assist and benefit sports in both men 's and women 's athletic programs. This also includes the use of the Fairhope Civic Center for the Annual Drawdown and Silent Auction ( date to be announced) which includes the use of associated rooms as needed, placement of a tent in the parking lot (all rental expenses paid by the Club), and use of the facility's tables and chairs in the tent. The term of this contract shall be for th e Fiscal year of2024 -2025. This contract may be cancelled at any time . Pursuant of the motion for approval of this appropriation , payment is to be made quarterly in the amount of $2,500 .00 from the City of Fairhope until contract either expires or is cancelled . Attest: Lisa A. Hanks, MMC City Clerk Signed thi s 13th day of November, 2024 FAIRHOPE PIRATE BOOSTER CLUB, INC. By _____________ _ Genie Frazer, President CITY OF FAIRHOPE By _____________ _ Sherry Sullivan , Mayor Page 100 of 207 RESOLUTI ON NO. WHEREAS, a contract shall be executed between the City of Fairhope and the Baldwin County Economic Deve lopment Alliance, Inc ., making an appropriation of $20 ,000.00 to assist with economic development facilitation within the City of Fairhope. BCD EA is pleased to continue its relationship with the City of Fairhope. BCEDA 's charge is to develop and facilitate new job creation opportunities for all communities in Baldwin County. BCEDA will work with City Leadership to continue to develop new job creation opportunities in but not limited to the following: IT, Software Development, Aerospace , Aviation and Medical sectors. We wi ll continue to work with the Mayor, City Staff and City Council to identify , develop and promote designated areas of Fairhope for future job creation. BCEDA will continue to promote and market the City of Fairhope , advising national and international corporate decision makers of all that Fairhope has to offer them as a top site-selection location. BCEDA will continue to advise and assist the Mayor and City Leaders in developing a place and atmosphere in Fairhope that encourages, fosters , and facilitates entrepreneurship. BCEDA will work with local , regional, and statewide workforce development partners to communicate current and future training and education requirements to Coastal Alabama Community College and The Academy at the Fairhope Airport. WHEREAS, the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but the contract shall be cancelled at any time upon notice. WHEREAS , payment is to be made quarterly in the amount of $5,000.00 from the City of Fairhope. BE IT RESOLVED BY THE GOVERNING BO DY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and the Baldwin County Economic Development Alliance , Inc. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A . Hanks , MMC City Clerk Corey Martin, Council President Page 101 of 207 CON TRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Twenty Thousand Dollars , ($20 ,000 .00), to be paid appro ved and adopted by the GOVERNING BODY OF THE CITY OFF AIRHOPE, ALABAMA, on the 12th day of November, 2024 ; We , the Baldwin County Economi c Development Alliance, Inc. ("BCEDA"), agree to work with the Mayor, and /or her agent(s) of the City of Fairhope to assist with economic development facilitation within the City of Fairhope. BCDEA is pleased to continue its relationship with the City of Fairhope. BCEDA's charge is to develop and facilitate new job creation opportunities for all communities in Baldwin County . BCEDA will work with City Leadership to continue to develop new job creation opportunities in but not limited to the following : IT , Software Development, Aerospace, Aviation and Medical sectors . We will continue to work with the Mayor, City Staff and City Council to identify, develop and promote designated areas of Fairhope for future job creation . BCEDA will continue to promote and market the City ofFairhope, ad vising national and international corporate decision makers of all that Fairhope has to offer them as a top site-selection location . BCEDA will continue to ad v ise and assist the Mayor and City Leaders in developing a place and atmosphere in Fairhope that encourages , fosters , and facilitates entrepreneurship . BCEDA will work with local , regional and statewide workforce development partners to communicate current and future training and education requirements to Coastal Alabama Community College and The Academy at the Fairhope Airport. The term of this contract is for one ( l) year, beginning 1 October 2024 and ending 30 September 2025 ; but contract may be canceled at any time . Pursuant of the motion for approval of this appropriation, payment is to be made quarterly in the amount of $5,000.00 from the City of Fairhope until contract either expires or is cancelled. Attest: Lisa A. Hanks, MMC City Clerk Signed this 13th day of November, 2024 BALDWIN COUNTY ECONOMIC DEVELOPME T ALLIANCE , INC. B y ______________ _ Lee Lawson , Presiden t/CEO CITY OFF AIRHOPE By ______________ _ Sherry Sullivan, Mayor Page 102 of 207 RESOLUTION NO. WHEREAS, a contract shall be executed between the City of Fairhope and Safe Harbor Animal Coalition, Inc. ("SHAC''), making an appropriation of $5 ,000.00 to help Trap , Neuter & Return ("TNR") local area cats. The City has found that it is a good and useful purpose of public funds to enter into a contract with SHAC to assist in the growing feral and community cat populations within the City. Trap-Neuter-Return is the humane , effective approach for controlling free-roaming community cats . TNR results in significant, measurable , and positive outcomes for cats , communities , and organizations such as City shelters and animal control. WHEREAS , the term of said contract shall be for one (1) year, beginning 1 October 2024 and ending 30 September 2025; but the contract shall be cancelled at any time upon notice . WHEREAS , payment shall be made in the total amount of $5 ,000 .00 . BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to sign a contract between the City of Fairhope and Safe Harbor Animal Coalition, Inc. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 Attest Lisa A. Hanks , MMC City Clerk Corey Martin, Council President Page 103 of 207 CONTRACT STATE OF ALABAMA )( COUNTY OF BALDWIN )( For and in consideration of the sum of Five Thousand Dollars , ($5,000.00), to be paid as per motion for approval of this appropriation, duly approved and adopted by the GOVERNING BODY OF THE CITY OFF AIRHOPE, ALABAMA, on the 12th day of November, 2024; We , SAFE HARBOR ANIMAL COALITION, INC., agree to work with the Mayor and/or her agent(s) of the City of Fairhope to help Trap, Neuter & Return ("TNR") local area cats. The City has found that it is a good and useful purpose of public funds to enter into a contract with SHAC to assist in the growing feral and community cat populations within the City. Trap- Neuter-Retum is the humane, effective approach for controlling free-roaming community cats. TNR results in significant, measurable, and positive outcomes for cats , communities , and organizations such as City shelters and animal control. The term of this contract shall be for the Fiscal year of 2024 -2025. This contract may be cancelled at any time. Pursuant of the motion for approval of this appropriation, a one-time payment shall be made in the total amount of $5,000.00, until contract either expires or is cancelled. Attest: Lisa A. Hanks, MMC City Clerk Signed thi s 13th day of November, 2024 SAFE HARBOR ANIMAL COALITION, INC. By ____________ _ Steve Solomon , Chairman CITY OF FAIRHOPE By ___________ _ Sherry Sullivan, Mayor Page 104 of 207 RESOLUTION NO. WHEREAS, Thomas Hospital serves a public purpose and the health education that the Thomas Hospital gives the City of Fairhope is a public service; and , WHEREAS, We , Thomas Hospital , agree to work with the Mayor, and /or her agent(s), to promote the City of Fairhope and to contribute time, employees , and other resources putting on health related programs , meetings and programs affiliated with Thomas Hospital, throughout the year in the Fairhope community, schools or at the hospital facilities. Many events , schools , and Fairhope programs are sponsored by Thomas Hospital. The Thomas Hospital Auxiliary provides hours of service to the hospital that benefit Fairhope citizens; and BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , that Mayor Sherry Sullivan is hereby authorized to execute contract between the City of Fairhope and Thomas Hospital for use of the City facilities (rental and cleaning fees), including streets and parks , depending on availability and permission from the Rental Facilities Manager; but they would be responsible for any incidentals , damages , or security if necessary. ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 ATTEST: Lisa A. Hanks , MMC City Clerk Corey Martin, Council President Page 105 of 207 ST ATE OF ALABAMA COUNTY OF BALDWIN CONTRACT )( )( For and in consideration of the use of the City facilities (rental and cleaning fees ), including streets and parks , depending on availability and permis sion from the Renta l Facilities Manager; but they would be responsible for any incidental s, damages , or security if necessary . We , the THOMAS HOSPITAL, agree to work with the Mayor, and /or her agent(s), to promote the City of Fairhope and to contribute time, employees , and other resources putting on health related programs , meetings and programs affiliated with Thomas Hospital, throughout the year in the Fairhope community, schools or at the hospital facilities . Many events , schoo ls, and Fairhope programs are sponsored by Thomas Hospital. The Thomas Hospital Auxiliary provides hours of service to the hospital that benefit Fairhope citizens. The term of this contract is for one (1 ) ye ar, beginning 1 October 2024 and ending 30 September 2025 ; but contract may be canceled at any time . Attest: Lisa A. Hanks , MMC City Clerk Signed thi s 12th day of November, 2024 THOMAS HOSPITAL By ______________ _ D . Mark ix , President and CEO CITY OF FAIRHOPE By ________________ _ Sherry Sullivan , Mayor Page 106 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-775 FROM:Richard Johnson, CITY ENGINEER SUBJECT:Resolution - that the City Council authorizes acceptance of a GOMESA grant (Grant #G-CFNPII/24/CF) in the amount of $1,328,400.00 and authorizes Mayor Sherry Sullivan to sign all necessary documents. The funding is for Phase II of the Flying Creek Nature Preserve. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: Approval BACKGROUND INFORMATION: Phase I of the Flying Creek Nature Preserve was funded by a GOMESA grant of $999,989.00 and is currently under construction. Phase II will include components that were not covered under the previous award. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: Gulf of Mexico Energy and Securities Act (GOMESA) LEGAL IMPACT: Page 107 of 207 RESOLUTION NO. ____ AUTHORIZING THE EXECUTION OF A GOMESA GRANT AGREEMENT WITH THE ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES FOR FLYING CREEK NATURE PRESERVE PHASE II WHEREAS, the City of Fairhope was recently awarded a Gulf of Mexico Energy Security Act of 2006 (GOMESA) Grant (No. G-CFNPII/24/CF) with the Agreement by and between the State of Alabama Department of Conservation and Natural Resources (ADCNR) to Construct Phase II Improvements at Flying Creek Nature Preserve; and WHEREAS, the total estimated project cost is $1,328,400.00, of which the grant amount is a not-to-exceed amount of $1,328,400.00 to allow satisfactory completion of all Project Services following the execution of this Agreement; and WHEREAS, the City of Fairhope warrants and represents that it will use the GOMESA funds provided under this Agreement in accordance with approved GOMESA and consistent with all applicable stated and federal laws; and WHEREAS, City Staff will provide oversight of the project which shall begin on the date of the Mayor’s signature and end in approximately 24 months; BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that City Council authorizes acceptance of the GOMESA Grant award from ADCNR for Phase II to Construct Improvements at Flying Creek Nature Preserve; and authorizes the Mayor to sign the Grant Agreement and other grant related documents on behalf of the City. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 _________________________________ Corey Martin, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk Page 108 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 1 of 2 Rev. 11/1/2023 STATE OF ALABAMA ) ADCNR GRANT#: G-CFNPII/24/CF BALDWIN COUNTY ) GOMESA GRANT AGREEMENT THIS GOMESA GRANT AGREEMENT, (“Agreement”) is made and entered by and between the State of Alabama Department of Conservation and Natural Resources hereinafter, referred to as “ADCNR”, and City of Fairhope, hereinafter referred to as “Grantee” (ADCNR and Grantee collectively hereinafter “Parties”) to provide funding made available to the State of Alabama under the Gulf of Mexico Energy Security Act of 2006 (“GOMESA”). In consideration of the mutual covenants herein contained, Grantee hereby agrees to perform, in proper sequence and in the time specified, all tasks necessary for successful completion of the project as hereinafter set forth. 1. PROJECT PURPOSE AND IDENTITY: The purpose of the Agreement is to provide funding under the Gulf of Mexico Energy Security Act of 2006 (GOMESA) to Grantee, in accordance with the authorized uses and purposes set forth in GOMESA, to construct Phase II improvements at Flying Creek Nature Preserve as described in the Disbursement Justification attached as Exhibit A (“Project”). 2. CERTIFICATION OF AUTHORIZED USES FOR PROJECT SERVICES: Grantee warrants and represents that it will only use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Specifically, Grantee will use these funds for projects that satisfy one or more of the following authorized uses: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. 3. PROJECT SERVICES: Grantee warrants and represents that it will use the GOMESA funds provided under this Agreement in accordance with approved GOMESA uses and consistent with all applicable state and federal laws. Furthermore, Grantee shall provide, Page 109 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 2 of 3 Rev. 11/1/2023 in accordance with all applicable laws, executive orders, codes, regulations, etc., all the necessary labor, materials, services, and facilities to successfully complete the Project and fulfill all requirements of this Agreement including, but not limited to, requirements as set forth in Paragraphs 9 and 14. 4. PROJECT PERFORMANCE PERIOD: The Project Performance Period shall begin on the date of the Commissioner’s signature (“Project Commencement Date”) and end November 15, 2026. 5. AGREEMENT TERM: The Agreement Term for the fulfillment of all Project Services shall begin on the date of the Commissioner’s signature (“Effective Date”) and end ninety (90) days after the end of the Project Performance Period, unless extended in writing by ADCNR by amendment as provided herein. 6. NOTICE TO PROCEED: Grantee shall proceed with performing Project Services upon receipt of a fully executed Agreement which has been approved by the appropriate State of Alabama officials. 7. FUNDING AMOUNT/PAYMENT: ADCNR agrees to provide advance disbursement of GOMESA funds to Grantee for payment of Allowable Costs pursuant to two payments, for a total Agreement amount not to exceed One Million Three Hundred Twenty-Eight Thousand Four Hundred Dollars and 00/100 ($1,328,400.00), to allow satisfactory completion of all Project Services following full execution of this Agreement and submission by Grantee of an invoice for payment which shall include a reference to the Grant Number identified above. In the event these funds are not fully expended before the end of the Project Performance Period, the Grantee shall return the remaining funds to the ADCNR prior to the end of the Agreement Term in such manner as specified by ADCNR. 8. CONTINGENCY/ FUNDING AVAILABILITY: Grantee acknowledges and agrees that the commencement and continuation of funding pursuant to this Agreement shall be specifically contingent upon the receipt and availability of GOMESA funding for this Project. 9. ALLOWABLE COSTS: Allowable Costs allowed under this Agreement shall be determined in accordance with Exhibit A, subject to all requirements of GOMESA, local, state, and federal laws, as well as other applicable requirements, including the following: a. Grantee agrees that any expenditure related to any type of lower tier contract or subaward support prior to execution of a written agreement for such purpose may not qualify as an Allowable Cost. Page 110 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 3 of 4 Rev. 11/1/2023 b. Grantee shall immediately notify ADCNR in writing in the event, subsequent to execution of this Agreement, it receives other financial assistance to support or fund any activity related to Project Services. Grantee further agrees that no costs funded by such other sources constitute Allowable Costs to be funded pursuant to this Agreement. c. Grantee acknowledges that no pre-award costs or other costs incurred prior to the Effective Date of this Agreement shall constitute Allowable Costs, unless it receives express written approval from ADCNR. d. Grantee agrees that all disbursed funds shall be expended solely for Allowable Costs and that the amount of any expenditure determined by ADCNR not to constitute an Allowable Cost shall be immediately returned to ADCNR in such manner as specified by ADCNR. 10. REPORTS: Grantee agrees to submit semi-annual financial and performance reports no later than April 30 and October 30 of each year following execution of this Agreement. The semi-annual reports shall provide supporting documentation detailing Allowable Cost expenditures and Project activities during the reporting period. The Grantee further agrees to submit a Completion Report no later than ninety (90) days after the end of the Project Performance Period. The Completion Report must include a summary financial report detailing Project expenditures and a certification confirming both that Grantee has completed all Project Services and that all expenditures by Grantee of funds received pursuant to this Agreement constituted Allowable Costs. The Completion Report shall include supporting documentation establishing the Allowable Costs as to all expenditures, documents necessary to evidence successful Project completion, and any other documents to be maintained by ADCNR for purposes of recordkeeping and audit compliance. Additionally, if requested by ADCNR, data and reports generated or compiled within the scope of this Agreement shall be provided in digital format as may be specified by ADCNR. Grantee agrees that failure to submit such reports in a timely manner may result in the termination of this Agreement. All reports and correspondence submitted to ADCNR in connection with this Agreement shall be identified by the Grant Number identified above and shall be sent to the following: Alabama Department of Conservation and Natural Resources Attention: GOMESA Coordinator 31115 Five Rivers Blvd. Spanish Fort, AL 36527 Page 111 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 4 of 5 Rev. 11/1/2023 11. INDEMNIFICATION AND HOLD HARMLESS: a. Grantee agrees to protect, defend, indemnify, save and hold harmless the State of Alabama and ADCNR, and any and all of their officers, agents, and employees, from and against any and all claims, demands, expense and liability arising out of injury or death to any person, or the damage, loss or destruction of any property, which may occur or in any way grow out of, any act or omission of Grantee, its officers, agents, and employees, the Grantee, and the Grantee’s agents, servants, employees, and subcontractors. Grantee’s obligation and duty to protect, defend, indemnify, save and hold harmless ADCNR and its agents and employees shall include and extend to any and all costs, expenses, attorney fees, judgements, awards, and settlements incurred by the parties or their agents or employees as a result of any claims, demands, and/or causes of action arising out of the performance of the obligations or objectives set forth herein by Grantee. Grantee agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims are groundless, false or fraudulent. b. Grantee further agrees it releases from liability and waives its right to sue the State of Alabama and ADCNR, and their officers, agents, and employees, regarding any and all claims resulting in any physical injury, economic loss, or other damage or loss as a result of or related in any way to the Agreement. c. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. 12. CLAIMS FOR LIENS: Grantee shall be solely liable for and shall hold the State of Alabama, all State Agencies, Boards and Commissions, along with the respective officers, agents, servants, employees, and volunteers of each, harmless from any and all claims or liens for labor, services or material furnished to Grantee in connection with the performance of its obligations under this Agreement. 13. ASSIGNMENT / AMENDMENT: Grantee shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of ADCNR. ADCNR may from time to time, request amendments to various provisions of this Agreement. Such amendments, which are mutually agreed upon between ADCNR and Grantee, must be in writing and approved by all signatory/authorities prior to becoming effective. 14. CLOSEOUT PROCESS: The closeout process is the final reconciliation and reporting of program expenses and activities. This involves reviewing program expenditures and completion of deliverables, resolving any open commitments, collecting subrecipient documents, and submitting the required final reports, while adhering to the schedule Page 112 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 5 of 6 Rev. 11/1/2023 developed by ADCNR. Grantee shall promptly finalize the closeout process upon the conclusion of the Project Performance Period. Any remaining payments or amounts otherwise due to Grantee may be withheld until all closeout documents and deliverables have been received by ADCNR. 15. TITLE VI AND EQUAL EMPLOYMENT OPPORTUNITY: The Grantee will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements issued pursuant to that title. In accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this Agreement. 16. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of the respective Parties hereto. 17. COMPLIANCE WITH LAWS: The Grantee shall comply with all applicable laws, ordinances, regulations, and codes of the federal, state, and local governments in the performance of this Agreement. Grantee shall procure all applicable federal, state, and local permits and shall pay all said fees. Grantee further agrees and acknowledges that the ADCNR is relying upon the Grantee to maintain compliance with all provisions of GOMESA in connection with Project Services and related activities and expenditures. 18. TAX / ASSESSMENT RESPONSIBILITY: Grantee hereby agrees that the responsibility for payment of any taxes or assessments associated with the Project shall be the Grantee's obligation and shall be identified under the appropriate Tax Identification Number. 19. ACCESS TO RECORDS: The State of Alabama, through ADCNR auditors and/or Alabama Examiners of Public Accounts, and the Federal Government, through any of their duly authorized representatives, shall be entitled to audit the books, documents, papers, records of the Grantee, and any lower tier recipients which are reasonably related to this Agreement. Grantee agrees to assist with any such audit as requested by ADCNR and further agrees to the following: a. Grantee shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the Agreement period and for six (6) years after date of final payment under this Agreement or as otherwise required pursuant the Department of Conservation and Natural Resources Records Disposition Authority (requirements current as of date of this Agreement available at: https://archives.alabama.gov/officials/rdas/conservation_rda.pdf), whichever Page 113 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 6 of 7 Rev. 11/1/2023 period expires later, for inspection by any of the above entities, and copies thereof shall be furnished, if requested. b. Pursuant to Alabama Act No. 94-414, Grantee must forward a copy of every audit report issued in connection with funding provided under this Agreement where public funds are received and/or disbursed to: Department of Examiners of Public Accounts, P. O. Box 302251, Montgomery, Alabama 36130-2251, ATTN: Audit Report Repository; or to Central.Records@Examiners.Alabama.gov. Grantee shall also simultaneously therewith forward a copy of same to ADCNR. c. The provisions of this Paragraph shall survive the Agreement Term and remain a continuing obligation of Grantee. 20. INSURANCE: In addition, Grantee shall maintain in force, at its sole expense, liability insurance for injury or death or damage to property, in the amount of FIVE MILLION DOLLARS ($5,000,000), and shall include ADCNR, its officers, employees, and agents, as additional insureds in said insurance policy. Grantee shall provide to ADCNR a current certificate of insurance and said insurance carrier or carriers shall be required to provide unto ADCNR at least thirty (30) days’ written notice of any cancellation or modification of coverage under any such policies. Any notices required to be provided by ADCNR hereunder shall be made to General Counsel, State of Alabama Department of Conservation and Natural Resources, 64 North Union Street, Suite 474, Montgomery, Alabama, 36130. 21. TERMINATION: In addition to terms of Paragraphs 8, 25, and 37, this Agreement may be terminated as follows: a. If, in the determination of ADCNR, Grantee fails to fulfill in timely and proper manner its obligations under this Agreement or violates any of the covenants, agreements or stipulations of this Agreement, ADCNR, in addition to all other available remedies, shall thereupon have the right to terminate this Agreement by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. b. ADCNR may terminate this Agreement at any time without cause by giving written notice to Grantee, pursuant to Paragraph 32, of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date. In that event, at the option of ADCNR, all finished or unfinished documents, data, studies, Page 114 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 7 of 8 Rev. 11/1/2023 surveys, drawings, maps, models, photographs, and reports or other material prepared by Grantee under this Agreement shall become the property of ADCNR. c. If the Agreement is terminated by ADCNR, as provided herein, Grantee shall promptly submit a statement detailing the actual services performed and associated Allowable Costs to date of termination. The Grantee shall immediately return any remaining funds to ADCNR in such manner as specified by ADCNR. 22. PRESS / EVENTS: Grantee shall notify the ADCNR of the location, date, and time of any press conferences, press releases, etc. related to this Project at least five (5) working days prior to the scheduled event or release. 23. CONFLICT OF INTEREST CERTIFICATION: The Grantee by his/her/its signature, certifies to the best of his/her/its knowledge and belief, no conflicts of interest existed or now exist which have, may have or have had any effect on this Agreement or any expenditure of funds associated with this Agreement. In addition, in the event Grantee cannot maintain this certification at any point during the Agreement Term, Grantee shall immediately notify ADCNR in writing at the address set forth in Paragraph 32 and suspend performance of services under this Agreement as well as any expenditure of funds under this Agreement until the potential conflict of interest is resolved to ADCNR’s satisfaction. 24. NONDISCRIMINATION: Grantee agrees to comply with all federal and state laws which prohibit discrimination, including on the basis of race, color, religion, age, sex, pregnancy, national origin, genetic information, veteran status or disability. 25. NON-APPROPRIATION AND PRORATION: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled, and, to the extent permissible by law, the supplier shall be reimbursed for the reasonable value of any non recurring costs incuffed but not amortized in the price of the supplies or services delivered under the contract. To the extent permissible by law, this cost of cancellation may be paid from any appropriations available for that purpose. In the event that proration of appropriated funds from which the State is to pay the supplier is declared by the Governor pursuant to Section 41-4-90 of the Code of Alabama, the contractor shall have the option, in addition to the other remedies of the contract, of renegotiating the contract to extend or change payment terms or amounts, or terminating the contract. In all circumstances, it is agreed that the terms and commitments of this contract shall not constitute a debt of the State of Alabama in violation of Section 213 of the Constitution of Alabama, as amended. Page 115 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 8 of 9 Rev. 11/1/2023 26. NOT A DEBT OF THE STATE: It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this Agreement shall contravene any statute or constitutional provision or amendment, either now in effect or which may, during the course of this Agreement, be enacted, then that conflicting provision in the Agreement shall be deemed null and void. 27. ALTERNATIVE DISPUTE RESOLUTION: In the event of any dispute between the Parties, senior officials of both Parties shall meet and engage in a good faith attempt to resolve the dispute. Should that effort fail and the dispute involves the payment of money, a party’s sole remedy is the filing of a claim with the Board of Adjustment of the State of Alabama. For any and all other disputes arising under the terms of this Agreement which are not resolved by negotiation, the Parties agree to utilize appropriate forms of non- binding alternative dispute resolution including, but not limited to, mediation. Such dispute resolution shall occur in Montgomery, Alabama, utilizing where appropriate, mediators selected from the roster of mediators maintained by the Center For Dispute Resolution of the Alabama State Bar. 28. IMMIGRATION: By signing this Agreement, the Grantee affirms, for the duration of the Agreement, that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, if found to be in violation of this provision, Grantee shall be deemed in breach of the Agreement and shall be responsible for all damages resulting therefrom. 29. NOT ENTITLED TO MERIT SYSTEM: Grantee understands and agrees that nothing in this Agreement entitles Grantee to any benefits of the Alabama State Merit System. 30. BOYCOTT: In compliance with Alabama Act No. 2016-312, Grantee hereby certifies that it is not currently engaged in, and will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which the State can enjoy open trade. 31. ECONOMIC BOYCOTT: In compliance with Ala. Act No. 2023-409, by signing this Agreement, Grantee provides written verification that Grantee, without violating controlling law or regulation, does not and will not, during the term of the Agreement engage in economic boycotts as the term “economic boycott” is defined in Section 1 of the Act. Page 116 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 9 of 10 Rev. 11/1/2023 32. NOTICE: Contact information of Parties for purposes of providing notice pursuant to the terms of this Agreement will be as set forth below, unless and until updated information is provided: All notices required to be given to ADCNR shall be sufficient if sent by certified mail or overnight courier to the following address: To ADCNR: Attention: Christopher M. Blankenship, Commissioner Alabama Department of Conservation and Natural Resources 64 N. Union St., Suite 468 Montgomery, AL 36130 All notices required to be given to the Grantee shall be sufficient if sent by certified mail or overnight courier to the following address: To Grantee: City of Fairhope Attention: Sherry Sullivan, Mayor P.O. Box 429 Fairhope, AL 36533 33. SEVERABILITY: In the event any terms or provisions of this Agreement are deemed to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms or provisions hereof. 34. GOVERNING LAW / SOVEREIGN IMMUNITY: This Agreement and related matters shall be construed in accordance with and governed by the substantive and adjective laws of the State of Alabama, including but not limited to the State’s right of immunity from suit as provided by Article 1 Section 14 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, without regard to its conflicts of law provisions. 35. CHOICE OF LAW / VENUE: Grantee agrees that the laws of the State of Alabama shall govern and be controlling and binding over the provisions of the rights herein granted, and that, notwithstanding any provision to the contrary, the venue of any legal action brought in connection herewith shall be the Circuit Court of Montgomery County, Alabama. 36. ENFORCEMENT OF RIGHTS AND OBLIGATIONS: Failure of ADCNR to strictly or promptly enforce the rights and obligations herein shall not operate as a waiver thereof. 37. FORCE MAJEURE: In the case of a Force Majeure Event as defined herein, ADCNR reserves the right to immediately terminate the Agreement without prior notice to Grantee. Page 117 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 10 of 11 Rev. 11/1/2023 Should this occur, neither party shall be liable for or be considered in breach of this Agreement due to any failure to perform its obligations as a result of a cause beyond its control, including, without limitation: (i) acts of God; (ii) flood, fire or explosion; (iii) actions, embargoes, quarantines, or blockades in effect on or after the date of this Agreement; (iv) national, state, or regional emergency whether ongoing or occurring on or after the date of this Agreement; (v) public health emergencies, outbreak, epidemic, or pandemic, whether ongoing or occurring on or after the date of this Agreement, including, without limitation, COVID-19; or (vi) any other event which is beyond the reasonable control of such party (each of the foregoing, a "Force Majeure Event"). 38. NO AGENCY: By entering into this Agreement, Grantee understands and agrees it is not an agent of the State, its officers, employees, agents or assigns. The Grantee is an independent entity from the State and nothing in this Agreement creates an agency relationship between the Parties. 39. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 40. SUPERSEDES: ADCNR and grantee represent that this Agreement supersedes all proposals, oral and written, all previous contracts, agreements, negotiations, and all other communications between the parties with respect to the subject matter hereof. 41. REVIEW AND EXECUTION: Grantee acknowledges and agrees that it has had the opportunity to seek legal counsel in connection with reviewing and executing this Agreement. Accordingly, any rule of law or legal decision potentially requiring interpretation of any claimed ambiguity in this Agreement against the drafting party shall have no application and is expressly waived by Grantee. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized. ADCNR: GRANTEE: ________________________________ ____________________________________ Christopher M. Blankenship Sherry Sullivan, Mayor Commissioner City of Fairhope Date: ____________________________ Page 118 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 11 of 12 Rev. 11/1/2023 EXHIBIT A State of Alabama Gulf of Mexico Energy Security Act of 2006 Disbursement Justification Background: The Gulf of Mexico Energy Security Act (GOMESA) was enacted by Congress in 2006 and significantly enhances outer Continental Shelf (OCS) oil and gas leasing activities and revenue sharing in the Gulf of Mexico. Among other things, GOMESA provides for enhanced sharing of leasing revenues with Gulf producing states and the Land & Water Conservation Fund for Coastal Restoration projects. The GOMESA authorizes uses of the proceeds for the following purposes: a. Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; b. Mitigation of damage to fish, wildlife, or natural resources; c. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan; d. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects; and e. Planning assistance and the administrative costs of complying with GOMESA. Project Description: Fairhope Flying Creek Nature Preserve Phase II – City of Fairhope The Flying Creek Nature Preserve, formerly known as the Fairhope North Triangle Nature Park, is located on a large tract (70+ acres) of City-owned land located within City limits at the northern portion of the "Triangle" property, just north of Veterans Drive and bordered by Scenic Highway 98 to the west and U.S. Highway 98 to the east (Figure 1). The land is one of the last remaining examples of a longleaf pine savanna in the area and is home to numerous species of plants and animals. Utilizing $999,989 in GOMESA FY21 funds (G-CFNP/21/CF), the City of Fairhope is currently implementing improvements pursuant to a Phase I Flying Creek Nature Preserve project which includes construction of the following: 1.5 mile, 8-foot wide, all weather multi-use boundary trail; trail head facility with road access; parking (including handicapped accessible); Page 119 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 12 of 13 Rev. 11/1/2023 restroom facility with covered porch to provide protection during inclement weather; pedestrian access tunnel with ADA ramps; informational kiosk; and bike repair apparatus. This Phase II improvement project will leverage the Phase I funding to further enhance the Preserve by conducting necessary engineering and design work and completing construction of the following additional components: ~5,500 feet of trail surfacing, landscape restoration for areas impacted by construction of Preserve improvements, outdoor classrooms, observation decks, outdoor pavilion, kayak/canoe launch, educational and wayfinding signage, and new recycled glass seat caps for gabion walls (Figure 2). The completed trails will provide a new and unique public recreation opportunity for hikers, runners, walkers, cyclists, and outdoor enthusiasts. The additional infrastructure amenities will further enhance opportunities to implement community and student education offerings that will further efforts to increase the public awareness of the need to conserve and restore Alabama’s unique coastal natural resources. Upon completion, the access improvements will also mitigate impacts to natural resources caused by unmanaged access and user pressure due to currently limited access points. Such unmanaged access often results in adverse environmental impacts associated with increased sediment load from shoreline de-stabilization, rutting/soil compaction, and increased siltation of wetland habitats. The Mobile Bay National Estuary Program’s Comprehensive Conservation & Management Plan (CCMP) for Alabama’s Estuaries & Coast 2019-2023 seeks to enhance public access to the water and natural landscapes under Ecosystem Restoration and Protection-5 (ERP- 5). In addition, Section 309(a)(3) of the Alabama Coastal Area Management Program (ACAMP) seeks to attain increased opportunities for public access to coastal areas of recreational, historical, aesthetic, ecological, or cultural value. The infrastructure improvements to be funded by this project will also mitigate impacts of outer Continental Shelf activities through the funding of the onshore infrastructure public access project. Project Duration: This project is expected to take approximately twenty-four (24) months from the execution of the Agreement. Project Costs: Funding will be provided to the Grantee as two installments. The first installment will be disbursed following execution of the Grant Agreement for this project and submission of an invoice for payment of Allowable Costs which includes satisfactory evidence that Grantee is in compliance with insurance requirements set forth in Paragraph 20 of the Agreement. Page 120 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 13 of 14 Rev. 11/1/2023 The second and final installment will be disbursed following submission of an invoice that includes (1) satisfactory evidence that Grantee is in compliance with insurance requirements set forth in Paragraph 20 of the Agreement; (2) satisfactory verification that Phase II construction completion of project components can be achieved through available funding; (3) satisfactory verification that Phase I construction components have reached completion; and (4) satisfactory verification that all previously disbursed funds have been and will be used for Allowable Costs. Anticipated Costs: Installment Category Estimated Cost 1 Surveying, Engineering & Design, Construction Services and Grant Administration $142,332.00 2 Construction $1,186,068.00 Total GOMESA Funding Not to Exceed $1,328,400.00 Category line items above are general descriptions of the type of activities anticipated to be necessary in order to achieve project completion. These categories may include itemized personnel time and/or contract services associated with project activities. In addition, the final costs of project activities may vary from the individual line-item estimates set forth above. However, funding shall in no event exceed the total amount of approved funding for Allowable Costs as set forth pursuant to the Grant Agreement. Nexus to Authorized Use: This project meets the criteria set forth in authorized uses: (a) Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses; (b) Mitigation of damage to fish, wildlife, or natural resources; (c) Implementation of a federally approved marine, coastal, or comprehensive conservation management plan and (d) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. ************************************************************************************************* Submitted and Approved By: ______________________________________ Sherry Sullivan, Mayor City of Fairhope Page 121 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 14 of 15 Rev. 11/1/2023 Figure 1: Flying Creek Nature Preserve Location Page 122 of 207 GOMESA GRANT AGREEMENT G-CFNPII/24/CF Page 15 of 15 Rev. 11/1/2023 Figure 2: Phase II Project Components Page 123 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-780 FROM: Stephanie Hollinghead, Chief SUBJECT: The Chief of Police, Stephanie Hollinghead, is requesting to procure 55 Axon Tasers, with accessories and training. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve the procurement of 55 Axon Tasers, with accessories and training for a not- to-exceed cost of $252,945.00, and authorize the Mayor to execute the contract. BACKGROUND INFORMATION: The Chief of Police, Stephanie Hollinghead, is requesting to procure 55 Axon Tasers, with accessories and training. The accessories will include: handles, magazines, cartridges (live, halt, and inert), holsters, battery packs, dock, dock wallmount, power cord, two-day training, and warranties. The total cost will not-to-exceed Two Hundred Fifty-Two Thousand Nine Hundred Forty-Five Dollars ($252,945.00). The tasers and accessories will be purchased through the Alabama Statewide Contract (Contract #MA240000004814) and therefore does not have to be let out for bid. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50470 Police - Vehicles & Equip Purchases $265,000.00 $252,945.00 $12,055.00 GRANT: N/A LEGAL IMPACT: City Attorney provided Vendor Quote on 10/28/2024 for review and recommendations. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Page 124 of 207 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 125 of 207 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Axon Tasers, accessories and training, on the Alabama Statewide Contract (#MA240000004814) with Axon Enterprise, Inc., that therefore does not have to be let out for bid, for the not-to-exceed cost of $252,945.00; and authorizes Mayor Sherry Sullivan to execute the contract. ADOPTED ON THIS 12TH DAY OF NOVEMBER, 2024 ____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 126 of 207 Page 127 of 207 Page 128 of 207 Page 129 of 207 Page 130 of 207 Page 131 of 207 Page 132 of 207 Page 133 of 207 Page 134 of 207 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Chief Stephanie Hollinghead Date: October 29, 2024 Department: Police 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. Axon Enterprise, Inc. $ 252,945.00 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? Tasers 2. What is the total cost of the item or service? $252,945.00 3. How many do you need? 55 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Axon Enterprise, Inc. 6. Vendor Number: 4564 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? $265,000.00 3. Budget code: 50470 – Capital Purchases Vehicles and Equipment Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 135 of 207 17800 N. 85th St., Scottsdale, Arizona 85255 * 480-991-0797 * Fax 480-991-0791 * www.axon.com To: United States state, local and municipal law enforcement agencies Re: Sole Manufacturer Letter for Axon Enterprise, Inc.’s Conducted Electrical Weapons, on-Officer Cameras, and Evidence.com Data Management Solutions Axon Enterprise, Inc. (Axon), is the sole manufacturer for TASER brand energy weapons and Axon brand products. Axon is also the sole distributor of all Axon brand products in the USA and the sole distributor of all TASER brand products in the States of AR, CT, DE, FL, GA, HI, IA, IL, IN, KS, LA, MA, MD, ME, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OK, OR, PA, RI, SC, SD, VA, VI, VT, WI, WV, and the District of Columbia. Axon is also the sole developer and offeror of the Evidence.com data management services.1 TASER Energy Weapon Descriptions TASER 10 Energy Weapon • Multi-shot energy weapon • Detachable magazine holding 10 TASER 10 Cartridges • 45-foot (13.7-meter) range • High-efficiency flashlight • Green LASER sight • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER Weapons Dock connected to Axon Evidence (Evidence.com) services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock • Ambidextrous selector switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER 10 Cartridges only TASER 7 Energy Weapon • Multiple-shot energy weapon • High-efficiency flashlight • Close Quarter and Standoff cartridges • Green LASER and dual red LASERs that adjust for cartridge angle • Arc switch enables drive-stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER Weapons Dock connected to Axon Evidence services 1 Evidence.com is both a division of Axon and a data management product solution offered by Axon. Evidence.com is not a separate corporate entity. Page 136 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 2 • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER 7 Cartridges only TASER 7 CQ Energy Weapon • Multiple-shot energy weapon for agencies that deploy energy weapons mostly at close quarters (CQ) • High-efficiency flashlight • Close Quarter cartridges • Arc switch enables drive-stun with or without a TASER 7 Cartridge installed • Central Information Display (CID): Displays mission critical data such as remaining battery energy, burst time, and cartridge status. • Weapon logs • TASER Weapons Dock connected to Axon Evidence services • Onboard self-diagnostic and system status monitoring and reporting • Real-time clock updated when the battery pack is plugged into the TASER Weapons Dock • Ambidextrous safety switch • Can be configured by the agency to alert Axon camera systems • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (unless configured by the agency to stop at five seconds). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with 12-degree TASER 7 Cartridges only X2 Energy Weapon • Multiple-shot energy weapon • High efficiency flashlight • Static dual LASERs (used for target acquisition) • ARC switch enables drive-stun with or without a Smart Cartridge installed • Central Information Display (CID): Displays mission-critical data such as remaining battery energy, burst time, operating mode, and user menu to change settings and view data on a yellow-on-black display • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Axon Evidence services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER Smart Cartridges only X26P Energy Weapon • High efficiency flashlight • Red LASER (used for target acquisition) Page 137 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 3 • Central Information Display (CID): Displays data such as calculated remaining energy, burst time, and notifications • The Trilogy log system records information from a variety of sensors into three data logs: Event log, Pulse log, and Engineering log. Data can be downloaded using a universal serial bus (USB) data interface module connected to a personal computer (PC). Data may be transferred to Axon Evidence services. • Real-time clock with back-up battery • Onboard self-diagnostic and system status monitoring and reporting • Ambidextrous safety switch • Capable of audio/video recording with optional TASER CAM HD recorder • The trigger activates a single cycle (approximately five seconds). Holding the trigger down will continue the discharge beyond the standard cycle (except when used with an APPM or TASER CAM HD AS). The energy weapon cycle can be stopped by placing the safety switch in the down (SAFE) position. • Compatible with TASER standard series cartridges Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE) to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. TASER Brand Energy Weapon Model Numbers 1. Energy Weapons: • TASER 10 Models: 100390, 100391 • TASER 7 Models: 20008, 20009, 20010, and 20011 • TASER 7 CQ Models 20213, 20214 • TASER X2 Models: 22002 and 22003 • TASER X26P Models: 11002 and 11003 2. Optional Extended Warranties for Energy Weapons: • TASER 7 – 4-year extended warranty, item number 20040 • X2 – 4-year extended warranty, item number 22014 • X26P – 2-year extended warranty, item number 11008 • X26P – 4-year extended warranty, item number 11004 3. TASER 10 Magazines • TASER 10 live duty magazine (black), item number 100393 • TASER 10 Hook and Loop Training (HALT) magazine (blue), item number 100394 • TASER 10 live training magazine (purple), item number 100395 • TASER 10 inert training magazine (red), item number 100396 4. TASER 10 Cartridges (compatible with the TASER 10, required for this energy weapon to function in the probe deployment mode) • TASER 10 live cartridge, item number 100399 • TASER 10 HALT cartridge, item number 10400 • TASER 10 inert cartridge, item number 100401 Page 138 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 4 • 5. TASER 7 Cartridges (compatible with the TASER 7; required for this energy weapon to function in the probe deployment mode) • Standoff cartridge, 3.5 degrees, Model 20012 • Close Quarter cartridge, 12 degrees, Model 20013 6. TASER standard cartridges (compatible with the X26P; required for this energy weapon to function in the probe deployment mode): • 15-foot Model: 34200 • 21-foot Model: 44200 • 21-foot non-conductive Model: 44205 • 25-foot Model: 44203 • 35-foot Model: 44206 7. TASER Smart Cartridges (compatible with the X2; required for this energy weapon to function in the probe deployment mode): • 15-foot Model: 22150 • 25-foot Model: 22151 • 25-foot inert simulation Model: 22155 • 25-foot non-conductive Model: 22157 • 35-foot Model: 22152 • Inert Smart Cartridge Model: 22153 8. Power Modules for TASER 7 and TASER 10 energy weapons: • Tactical battery pack Model 22018 • Compact battery pack Model 22019 • Non-Rechargeable battery pack Model 22020 • Disconnect battery pack Model 20027 (currently only for the TASER 7 energy weapon) 9. TASER CAM HD recorder Model: 26810 (full HD video and audio) and TASER CAM HD with AS (automatic shut-down feature) Model: 26820. The TASER CAM HD is compatible with both the X26P and X2 energy weapons. • TASER CAM HD replacement battery Model: 26764 • TASER CAM HD Download Kit Model: 26762 • TASER CAM HD optional 4-year extended warranty, item number 26763 10. TASER Weapons Dock, used with TASER 7 and TASER 10 battery packs: • TASER Weapons Dock Core and Multi-bay Module: 74200 • TASER Weapons Dock Core and Single-bay Module: 74201 • TASER Weapons Dock Single Bay Dataport: 74208 11. Power Modules (Battery Packs) for X26P and X2 energy weapons: • Performance Power Magazine (PPM) Model: 22010 • Tactical Performance Power Magazine (TPPM) Model: 22012 • Automatic Shut-Down Performance Power Magazine (APPM) Model: 22011 • eXtended Performance Power Magazine (XPPM) Model: 11010 • eXtended Automatic Shut-Down Performance Power Magazine (XAPPM) Model: 11015 • Axon Signal Performance Power Magazine (SPPM) Model: 70116 12. TASER Dataport Download Kits: • Dataport Download Kit for the X2 and X26P Model: 22013 13. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023 14. TASER Simulation Suit II Model 44550 Page 139 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 5 Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) • Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones • Wireless upload option • Gunshot detection and alerts • Streaming audio and video capability • “Find my camera” feature • Verbal transcription with Axon Records (coming soon) • End-to-end encryption • Twelve-hour battery • Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage • Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens. 102-degree horizontal field of view, and 55-degree vertical field of view Axon Flex 2 Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available • Tactical beveled button design for use in pocket • Compatible with Axon Signal technology Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to two-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens • Includes Axon Signal technology Axon Fleet 2 Camera • High-definition video system with wide field of view, zoom, infrared for the back seat and wireless microphone integration • Intuitive mobile data terminal app, Axon View XL, for quick tagging, uploads and more on the fly • Ability to efficiently categorize, play back and share all video alongside other digital files on Axon Evidence • Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time Page 140 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 6 • Best-in-class install times and quick remote troubleshooting • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi- camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit Axon Fleet Camera • In-car camera with the technological advantages of the Axon Body 2 camera • Flexible mount that enables pointing the camera in multiple directions • Automatic transition from buffering to event mode in an emergency vehicle equipped with the Axon Signal Unit Axon Signal Unit (ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch-screen user interface • Motion-based activation • Up to 7-minute pre- and post-event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and interview room video are managed as part of the same case in Axon Evidence • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected. • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/ CSA-C22.2 N0.60950-l-07+Al:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or Page 141 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 7 requiring the data to leave your agency’s domain of control • Controlled access to evidence based on pre-defined roles and permissions and pre-defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support • Automated category-based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within 7 days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault- and disaster-tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search seven fields in addition to five category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Axon Capture Application • Free app for IOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On-premises data management platform • Chain of custody reports with extensive audit trail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats Axon View Application • Free app for IOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Page 142 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 8 Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train-the-trainer sessions • Integration services with other systems Axon Customer Support • Online and email-based support available 24/7 • Human phone-based support available Monday–Friday 7:00 AM–5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote-location troubleshooting Page 143 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 9 Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48″ (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 • Universal Helmet Mount Model: 11548 7. Axon Body 2 Camera Model: 74001 8. Axon Flex 2 Controller and Axon Body 2 Camera Mounts: • Z-Bracket, Men’s, Axon RapidLock Model: 74018 • Z-Bracket, Women’s Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4″ (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6″ (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Belt Clip Mount, Axon RapidLock Model: 11509 9. Axon Fleet 3 Camera • High-definition Dual-View Camera with panoramic field of view, 12x zoom, and AI processing for automatic license plate reader (ALPR) • High-definition Interior Camera with infrared illumination for back seat view in complete darkness • Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid-state storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event • Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more • Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Axon Evidence • Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the Page 144 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 10 same time • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Axon Evidence. • Prioritized upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA). • Best-in-class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness • Optional Axon ALPR hotlist alerts, plate read retention, and investigative search 10. Axon Fleet 2 Camera • High-definition video system with wide field of view, zoom, infrared for the back seat and wireless microphone integration • Intuitive mobile data terminal app, Axon View XL, for quick tagging, uploads and more on the fly • Ability to efficiently categorize, play back and share all video alongside other digital files on Axon Evidence • Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time • Best-in-class install times and quick remote troubleshooting • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi- camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER energy weapon Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit 11. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 • Axon Fleet 3 Dual View Camera: 72000 • Axon Fleet 3 Interior Camera: 72037 • Axon Fleet Hub: 72010 12. Axon Signal Unit Model: 70112 13. Axon Dock Models: • Axon Dock – Individual Bay and Core for Axon Flex 2 Model: 11536 • Axon Dock – 6-Bay and Core for Axon Flex 2 Model: 11537 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock – Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock – 6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 • Axon Dock – 1-Bay for Axon Body 3 Model: 71104 • Axon Dock – 8-Bay for Axon Body 3 Model: 74210 Page 145 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 11 TASER Product Packages 1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Evidence.com license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Respond, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Respond +, Axon Auto- Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third- party storage. 5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 6. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 7. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 8. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 9. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years. 10. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 11. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 12. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5-year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty cartridges, and access to online training. 13. Officer Safety Plan 10: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),2 Axon Evidence, unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, and Axon Respond. 14. Officer Safety Plan 10 Plus: Includes a TASER 10 energy weapon, the TASER 10 certification bundle, Axon body camera with Technology Assurance Plan (TAP),2 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (3), third-party video storage (100 GB), third-party video playback, and Axon Records. 15. Officer Safety Plan 10 Premium: Includes a TASER 10 energy weapon, the TASER 10 certification 2 Axon Body 3 or Axon Body 4 & Axon Dock (for cameras) hardware purchased separately. Includes two Axon camera upgrades and one camera dock upgrade, which apply to 5-year contracts only. Page 146 of 207 Axon Enterprise, Inc. Sole Manufacturer Letter Version 28 Page 12 bundle, Axon body camera with Technology Assurance Plan (TAP),3 Axon Evidence (Evidence.com), unlimited body camera and Axon Capture storage, Command Staff Pro license (1 per 100), Axon Signal Sidearm, Axon Standards, Axon Respond, Axon Respond+, Axon Performance, Axon Community Request, Axon Investigate, Redaction Assistant, auto-tagging with implementation, channel services (unlimited), third-party video storage (100 GB), third-party video playback, Axon Records, Axon VR training, Axon Auto-Transcribe, and My90 by Axon. 16. TASER 10 Basic: Pays for the TASER 10 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 17. TASER 10 Certification: Pays for TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 18. TASER 10 Certification with Virtual Reality (VR): Pays for the TASER 10 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 19. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 20. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 21. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 22. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Operating Officer Axon Enterprise, Inc. Non-Axon trademarks are property of their respective owners. a, c, Axon, Axon Auto-Transcribe, Axon Body, Axon Capture, Axon Citizen, Axon Commander, Axon Evidence, Axon Fleet, Axon Flex, Axon Interview, Axon Records, Axon Respond, Axon Signal, Axon Standards, Axon View, My90, X2, X26P, TASER 7, TASER 10, TASER, and d are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2023 Axon Enterprise, Inc. 3 Axon Body 3 or Axon Body 4 & Axon Dock (for cameras) hardware purchased separately. Includes two Axon camera upgrades and one camera dock upgrade, which apply to 5-year contracts only. Page 147 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-779 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to procure a Mohawk TR-75WT Lift. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve the procurement of a Mohawk TR-75WT Lift for the not-to-exceed cost of $140,418.95. Authorize Treasurer to transfer FY25 Budget amounts to cover shortage of $30,418.95 as follows: Transfer $110,000.00 from 001460-50470 (Vehicle & Equip Purchases) to 001460- 50475 (Capital Improvements). Transfer $5,000.00 from 001460-50230 (Training) to 001460-50475 (Capital Improvements). Transfer $15,000.00 from 001460-50435 (Small Equip) to 001460-50475 (Capital Improvements). Transfer $10,418.95 from 001460-50340 (General Supplies) to 001460-50475 (Capital Improvements). BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting to procure a Mohawk TR- 75WT Lift for the Mechanics Shop. The cost for this list is: TR-75WT (30' Tracks) - 75,000lb (32" Wide Tracks) $106,589.47 RJ-50-AH-50000- Air/Hyd Jacking Beam (50,000lb RATED FOR TR-75) Qty: 2 $22,829.47 Installation (Bolt Down and Training) $11,000.00 The total cost is One Hundred Forty Thousand Four Hundred Eighteen Dollars and Ninety-Five Cents ($140,418.95). This lift will be purchased through the Alabama Statewide Contract (Contract #MA230000004329) and therefore does not have to be let out for bid. Authorize Treasurer to transfer FY25 Budget amounts to cover shortage of $30,418.95 as follows: Transfer $110,000.00 from 001460-50470 (Vehicle & Equip Purchases) to 001460- 50475 (Capital Improvements). Page 148 of 207 Transfer $5,000.00 from 001460-50230 (Training) to 001460-50475 (Capital Improvements). Transfer $15,000.00 from 001460-50435 (Small Equip) to 001460-50475 (Capital Improvements). Transfer $10,418.95 from 001460-50340 (General Supplies) to 001460-50475 (Capital Improvements). This lift is not easily removable and is an integral part of the new shop/building. Therefore, it should be a Capital Improvement and not a Capital Equipment Purchase. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001460- 50470 Fleet - Vehicle & Equip Purchases $110,000.00 $140,418.95 ($30,418.95) 001460- 50230 Training $5,000.00 $5,000.00 001460- 50435 Small Equipment $15,000.00 $15,000.00 001460- 50340 General Supplies $10,418.95 $10,418.95 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 149 of 207 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a Mohawk TR-75WT Lift for the not-to-exceed cost of $140,418.95; and authorizes the City Treasurer to transfer FY25 Budget amounts to cover shortage of $30,418.95 as follows: Transfer $110,000.00 from 001460-50470 (Vehicle & Equip Purchases) to 001460-50475 (Capital Improvements); Transfer $5,000.00 from 001460-50230 (Training) to 001460-50475 (Capital Improvements); Transfer $15,000.00 from 001460-50435 (Small Equip) to 001460-50475 (Capital Improvements); and Transfer $10,418.95 from 001460-50340 (General Supplies) to 001460-50475 (Capital Improvements). ADOPTED ON THIS 12TH DAY OF NOVEMBER, 2024 _____________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 150 of 207 MOUWKLIFTS For purchase of Mohowk equipment using : Alabama State Contra ct# MA 230000004329 Vendor: Phone: Contact : Email : Part Number 075 -060-018 050-050-063 In stallation MOHAWK LIFTS LLC PO Box 110, Amsterdam , NY 12010 800-833-2006 Fax : 518-842-1289 Dominick Fontana x 4100 dfontana@mohawklifts.com CUSTOMER George Ladd City of Fairhope Fairhope, Alabama Description TR-75WT (30' Tracks)· 75 ,000lb (32" Wide tracks) Val i d: 09/11/2023 -03/31/2028 All quoted equipment has been Competitively Bid and Awarded and is Guaranteed Best Government Pricing. Freight Included@ No Charge. QUOTE NUMBER QUOTE DATE Fairhope .TR75 .090924 10/22/2024 Freight Terms : FOB Dest i nation, Freight Prepa id Payment Terms : Net 30 Lead Time : Model Dependent Good Through : November 29th, 2024 Qty List Price Purchase Price Total 1 $ 126,575.00 $ 106,589.47 $ 106,589.47 RJ -50-AH -50000-Ai r/Hyd Jacking Beam (50 ,000lb RATED FOR TR-75) 2 $ 13 ,555 .00 $ 11,414.74 $ 22,829 .47 Installation (Bolt Down & Training) 1 $ 11 ,000 .00 $ 11,000 .00 $ 11,000.00 *After Receipt of Completed Order -When applicable, includes signed quote, data sheets SUBTOTAL $ 140,418 .95 and receipt of required payment Sales Tax (if applicable) Add if Applic . NOTES: Credit Card Fee•• TOTAL $ 140,418.95 Clic k here for: Mohawk W9: mohawklifts.com/w9 Payment/Wire Info: mohawklifts.com/payment This quotation is subject to the terms and conditions noted on the following page v7.2S.23 Page 151 of 207 Page 152 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-774 FROM: Richard Johnson, CITY ENGINEER SUBJECT: That the City Council accepts an ADEM Alabama Recycling Fund grant (Grant #ARF24-07-256) in the amount of $43,000.00 and authorizes Richard Johnson to sign all necessary documents. This is a pass-through award for the purchase of a forklift to be used at the Baldwin County Materials Recovery Facility (MRF); and authorizes the Treasurer to reimburse the Solid Waste Authority (SWA) for the purchase of the forklift upon receiving the grant funding. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: Approval BACKGROUND INFORMATION: The SWA is in the process of constructing a state-of-the-art Materials Recovery Facility (MRF) that will be located adjacent to the Magnolia Landfill and serve the recycling needs of all Baldwin County. As part of a joint collaboration, the City of Fairhope applied for an ADEM ARF grant for $43,000. The funding will be spent on the purchase of a forklift for the MRF. The SWA will purchase the equipment and the City will transfer the funds to SWA once the grant has been awarded. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50240 Grant Expenditures $43,000.00 $43,000.00 $0.00 ADEM ARF Grant Revenue (001-40650) will offset this expenditure, which is a pass- through purchase for a forklift to be used by Baldwin County Solid Waste Authority in the newly constructed MRF (Materials Recovery Facility). GRANT: ADEM Alabama Recycling Fund Page 153 of 207 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 154 of 207 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council accepts an ADEM Alabama Recycling Fund grant (Grant #ARF24-07-256) in the amount of $43,000.00 and authorizes Richard Johnson to sign all necessary documents. This is a pass-through award for the purchase of a forklift to be used at the Baldwin County Materials Recovery Facility (MRF); and authorizes the Treasurer to reimburse the Solid Waste Authority (SWA) for the purchase of the forklift upon receiving the grant funding. DULY ADOPTED THIS 12TH DAY OF NOVEMBER, 2024 ________________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 155 of 207 RESOLUTIO NO. 4761-23 A RESOLUTION OF BINDING AGREEMENT FOR SEEKING ADEM GRANT FUNDING FOR THE BALDWI COUNTY MATERIAL RECOVERY FACILITY VVHEREAS , the City of Fairhope through a dy namic Recycling Progra m , recognizes the imp ortance of protecting and preserving our natural resources, and works to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer and healthier environment; and WHEREAS , the City of Fairhope has undertaken many positive and successfu l waste reduction programs that have help ed make the City of Fairhope a recycling leader , however , we can further reduce waste and recycle even more; and WHEREAS, local community and county recycling leaders have come together to join in a discu ss ion of a concentrated cooperative effort to share resources to maximize the environmental and economic value of county-wide recycling ; and WHEREAS, local community and county recycling leaders , working together, are building a Baldwin County Material Recovery Facility; and WHEREAS, the City of Fairhope has adopted Resolution No. 4155-21 , supporting a Baldwin County Recycling Cooperative; and WHEREAS, the City of Fairhope, along with other municipalities in Baldwin County, are working wi th Baldwin County Solid Waste as the lead local agency to expedite the critical need to maximize our recycling efficiency and commodity value through a cooperative effort; and WHEREAS, Baldwin County Solid Waste has begun the process of the engineering design of a state-of-the-art Materials Recovery Facility ("MRF") to be located adjacent to the Magnolia Landfill and to serve the recycling needs of all of Baldwin County; and WHEREAS, this new regional MRF is critical to the future viabil ity and growth of recy cling in Baldwin County and the ability of the State of Alabama to achieve its recycling goals, as established by the Alabama D epartment of Environmental Management ("ADEM"); and WHEREAS, the Alabama Recycling Fund was created by the Alabama Legislature and administered by ADEM to provide grant funding to local government s to develop, implement , and enhance local recycling projects and programs pursuant to§ 22-27-17 , Code of Alabama, (1975). Page 156 of 207 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION ON MAY 22, 2023 , as follows : Section 1. That the City of Fairhope has applied for grant funding under the Alabama Recycling Fund in support of the Baldwin County Material Recovery Facility. Section 2. That any and all grant funds awarded by said application will be given to the Baldwin County Commission or Baldwin County Solid Waste for the exclusive purpose of supporting the Baldwin County Material Recovery Facility. Section 3. That this Resolution shall become effective upon its adoption. Adopted this 22nd day of May 2023. ATTEST: ·~L A. a s, City Clerk Page 157 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-778 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are requesting approval for the procurement of a roof replacement for the Connex Shop Building at the Wastewater Treatment Plant. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve the procurement of a roof replacement for the Connex Shop Building at the Wastewater Treatment Plant for a not-to-exceed cost of $21,720.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, and the Wastewater Treatment Plant Manager, Dennis Scott, are requesting approval for the procurement of a roof replacement for the Connex Shop Building at the Wastewater Treatment Plant. 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. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from Roof Doctors. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to Roof Doctors for the not-to-exceed cost of Twenty-One Thousand Seven Hundred Twenty Dollars ($21,720.00). Authorize Treasurer to transfer budgeted funds from (004020-50475 Line 40) to cover cost of Connex Building roof replacement in the amount of $21,720.00. The Blower Building project can be postponed until FY26. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 50475 WW - Capital Improvements $0.00 $21,720.00 ($21,720.00) Page 158 of 207 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 159 of 207 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 for a Roof Replacement for the Connex Shop Building at the Waste Water Treatment Plant. The City received three responses; and awards the project to Roof Doctors of Alabama with a not-to- exceed cost $21,720.00. DULY ADPOTED ON THIS 12TH DAY OF NOVEMBER, 2024 _______________________________ Corey Martin, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 160 of 207 Page 161 of 207 Page 162 of 207 Page 163 of 207 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Dennis Scott Date: 10/28/2024 Department: Water and Wastewater Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$15,000 Utilities - $10,001 - $15,000 Operational Budgeted Three Treasurer N/A N/A Over $15,000/$50,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $15,000/$50,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Roof Doctors $ 21,720 2. Fortified Roofing $ 23,500 3. F&H General Contracting $ 28,250 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? Roof for Connex shop bldg 2. What is the total cost of the item or service? $21,720 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Roof Doctors 6. Vendor Number:248 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: 50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 164 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-776 FROM:Daryl Morefield, WATER SUPERINTENDENT SUBJECT:The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of inventory water meters for the Water Department. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve this procurement of inventory water meters for an estimated annual cost of $500,000.00. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of inventory water meters for the Water Department. The Neptune water meters will be purchased from Consolidated Pipe and Supply Co. Inc. Consolidated Pipe and Supply Co. Inc. is the Sole Source Provider of Neptune Technology Group, Inc. The cost per water meter is Two Hundred Thirty-Four Dollars. The total estimated annual cost is $500,000.00. The water meters are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7) which states: “The purchase of equipment, supplies, or materials needed, used and consumed in the normal and routine operation of any waterworks system, sanitary sewer system, gas system, or electric system, or any two or more thereof, that are owned by municipalities, counties, or public corporations, boards, or authorities that are agencies, departments, or instrumentalities of municipalities or counties and no part of the operating expenses of which system or systems have during the then current fiscal year, been paid from revenues derived from taxes or from appropriations of the state, a county, or a municipality.” BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget 004010- 59500-50 $500,000.00 $500,000.00 ($____) Page 165 of 207 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 207 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 inventory for Neptune Water Meters for the Water Department from Consolidated Pipe & Supply Co. Inc. as Sole Source Distributor; and authorizes procurement based on water meters are exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(b)(7). The cost not to exceed $500,000.00. ADOPTED ON THIS 12TH DAY OF NOVEMBER, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 167 of 207 QUOTATION Quotation Number Version Number Quotation Date S151484 1 JOB NAME WATER SALE SITE CONSOLIDATED PIPE & SUPPLY 4180 HALLS MILL ROAD MOBILE, AL 36693-5614 PHONE: 251-666-6691 SOLD TO FAIRHOPE CITY OF WATER & SEWER P O BOX 429 FAIRHOPE, AL 36533, USA SHIP TO FAIRHOPE CITY OF 555 SOUTH SECTION ST. WATER & SEWER FAIRHOPE, AL 36533, USA Ship Via Best Way Delivery Terms To Be Determined Payment Terms Net 30 Days Last Communication Expiration Date Written By Customer RFQ Customer Number 12/31/2024 Micha Lambert AL0350133L Requested By Sales Rep Daryl Micha Lambert SALES Line CPS Part No Part Description Wanted Delivery Date Sales Qty UoM Extended AmountUnit Net Price 5/8X3/4 NEPTUNE T10 GAL PROCODER 900-I BRZ BTM 23-0058-00540 1.1 EA $234.00 $497,952.00 2,128.001 Subtotal Amount $497,952.00 Tax Amount $0.00 Total $497,952.00 This Quotation is subject to and will be governed by Consolidated Pipe’s Domestic Terms and Conditions which can be found at https://consolidatedpipe.com/wp-content/uploads/Consolidated-Pipe-Supply.-General-Terms-and-Conditions-of-Sale-10.1.16-03622602-7.pdf. Only Consolidated Pipe’s Terms and Conditions shall apply. Any other new, additional or conflicting terms and conditions shall be inapplicable to this Quotation as well as to any related purchase order or other agreement, or any performance thereunder. Page 1 of 1 Consolidated Pipe and Supply Company Page 168 of 207 Page 169 of 207 October 29, 2024 To Whom It May Concern: Currently Consolidated Pipe and Supply is the only authorized Neptune distributor to sell RF meter reading equipment and Neptune water meters and parts into Alabama, Mississippi and West Tennessee areas. Consolidated Pipe and Supply is authorized by Neptune to submit an offer for Neptune water meters and related products. Neptune Technology Group is the only manufacturer of Neptune meters. Our headquarters and manufacturing facility is located in Tallassee, AL. Additional company information can be found at our website www.neptunetg.com. Thank you for your interest in Neptune products. If you have any questions, please contact your local Consolidated Pipe and Supply representative, or myself at 334-799-3760. Best Regards, Kevin Smith Sr. Territory Manager - AL / MS / Panhandle FL / Central & West TN Page 170 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-781 FROM: Jeff Montgomery SUBJECT: The Director of Information Technology, Jeff Montgomery, is seeking to procure an upgrade to the offsite data backup system. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve the procurement of an upgrade to the offsite data backup system and authorize Mayor Sherry Sullivan to sign the Telecommunications Service Agreement Amendment. The additional cost is $1,000.00 per month for a total monthly cost of $3,560.00. BACKGROUND INFORMATION: The Director of Information Technology, Jeff Montgomery, is seeking to procure an upgrade to the offsite data backup system that the City currently has with Cspire. The original procurement was for 51,200 GB in 2022, and this will increase the data backup by 20,000 GB for a total of 71,200 GB. The additional monthly cost is One Thousand Dollars ($1,000.00). The total monthly cost for the offsite data backup system with this upgrade will be Three Thousand Five Hundred Sixty Dollars ($3,560.00). The Director of Information Technology is requesting approval for Mayor Sherry Sullivan to sign the Telecommunications Service Agreement Amendment. Previous Council Action: Resolution No. 4508-22, adopted July 25, 2022, approved the procurement of Offsite Data Backup system from CSpire for the annual amount of $39,680.00. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001160- 50300 (Line150) Computer Expense $54,000.00 $42,720.00 $11,280.00 Page 171 of 207 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 172 of 207 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 an upgrade to the Offsite Data Backup System with C-Spire and authorizes Mayor Sherry Sullivan to execute the Telecommunications Service Agreement Amendment. The additional cost is $1,000.00 per month for a total monthly cost of $3,560.00. Adopted on this 12th day of November, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 173 of 207 C Spire®, C Spire Business™, C Spire Business Solutions® and C Spire Health™ are trademarks owned by Cellular South, Inc. Cellular South, Inc. and its affiliates provide products and services under the C Spire®, C Spire Business™, C Spire Business Solutions® and C Spire Health™ brands. Affiliates include Telepak Networks, Inc., TekLinks, Inc., Harbor Communications, LLC, C Spire Health, LLC, Callis Communications, Inc., C Spire Advanced Data Solutions, LLC, C Spire Governmental Data Solutions, LLC. and Troy Cablevision, Inc. 1 Telecommunications Service Agreement Amendment BILLING INFORMATION Customer Name Sales Representative Proposal Reference City of Fairhope - Accounts Payable Dept Earl Holley Q-490211 Billing Address Tax ID Contract ID P.O. DRAWER 429 636001254 00145110 City, State Zip Code Billing Contact Phone FAIRHOPE, AL 36533-0429 0000000000 Billing Contact Name Billing Contact E-mail Accounts Payable ap@fairhopeal.gov Technical Contact Name Technical Contact E-mail Jeff Montgomery *TechnicalContactName1 jeff.montgomery@cofairhope.com Customer acknowledges that it is purchasing the products and services listed on Exhibit A and except as expressly amended by this Amendment, the terms and conditions of Customer’s original agreement referenced below remain in full force and effect. Early termination fees and adjusted pricing may apply. Original Agreement Number Original Agreement Name 00145110 Original Contract Customer Name Original Contract Start Date Original Contract End Date CITY OF FAIRHOPE 09/09/2022 09/09/2025 Client Authorized Signature Date \s1\ *Page1AssigneeDate1 Client Name Client Title *Page1AssigneeName1 *Page1AssigneeTitle1 Page 174 of 207 Exhibit A – Product and Services Birmingham Data Center (200): 200 SUMMIT PKWY, BIRMINGHAM, AL 35209 Item Description Service Type Quantity Billing Frequency Monthly Per Unit Monthly Cost Upfront Backup Service Storage Cloud Connect Storage Modify +20000 Monthly $0.05 $1,000.00 $0.00 Location Totals:$1,000.00 $0.00 Summary Location Monthly Cost Total Upfront Birmingham Data Center (200): 200 SUMMIT PKWY, BIRMINGHAM, AL 35209 $1,000.00 $0.00 Post Amendment Monthly Billing Frequency Summary Location Total 200 SUMMIT PKWY, BIRMINGHAM, AL 35209 $3,560.00 Monthly Total:$3,560.00 Monthly Cost Total Upfront All Locations Totals $1,000.00 $0.00 Equipment that is not managed or owned by C Spire Business is the responsibility of the Customer and may result in an impact to service quality. C Spire Business support does not cover Customer-managed equipment. C Spire Business may provide professional services for configuration changes or troubleshooting for an additional fee, or can develop a proposal for replacement with managed infrastructure. Pricing valid for 30 days from date of proposal. Taxes and fees not included. Proposals that include 3rd party circuits or circuits off-net to C Spire's Network should be considered budgetary and may be subject to additional installation costs. If additional installation costs are required, Customer will have the option to revise or cancel the service agreement. C Spire®, C Spire Business™, C Spire Business Solutions® and C Spire Health™ are trademarks owned by Cellular South, Inc. Cellular South, Inc. and its affiliates provide products and services under the C Spire®, C Spire Business™, C Spire Business Solutions® and C Spire Health™ brands. Affiliates include Telepak Networks, Inc., TekLinks, Inc., Harbor Communications, LLC, C Spire Health, LLC, Callis Communications, Inc., C Spire Advanced Data Solutions, LLC, C Spire Governmental Data Solutions, LLC. and Troy Cablevision, Inc. If this agreement includes Azure and/or AWS Services, the amount quoted is an estimate only. The actual amount billed and invoiced will be based on actual consumption as calculated by the public cloud provider. Page 175 of 207 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 10/21/24 Department: IT Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$15,000 Utilities - $10,001 - $15,000 Operational Budgeted Three Treasurer N/A N/A Over $15,000/$50,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $15,000/$50,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. CPSIRE $ 3560.00 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? Offsite Backup upgrade. Need approval for mayor to sign 2. What is the total cost of the item or service? 33860.32 3. How many do you need? 20 GB 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): CPSIRE/Harbor 6. Vendor Number: 28686 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? 54,000 3. Budget code: 001160- 50300 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 176 of 207 RESOLUTION NO. 4508-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope has voted to procure an Offsite Data Backup System from Cspire Datacenter to replace the service the City currently uses for the IT Department; the system is on contract through the National Cooperative Purchasing Alliance (NCPA) Contract Number #01-97, and therefore does not have to be let out for bid . The annual cost for product and service not-to-exceed $39 ,680.00. Adopted on this 25th day of July , 2022 n resident Pro Tempore Attest: ~1~ City Clerk Page 177 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-783 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, is requesting a contract amendment No. 2 for RFQ PS015-22 for Natural Gas Engineering Consulting Services, with Magnolia River for additional costs for Phase 1 of the project. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: To approve contract amendment No. 2 for RFQ PS015-22 for Natural Gas Engineering Consulting Services, with Magnolia River for additional costs for Phase 1 of the project not-to-exceed $175,832.15. The total cost for Phase 1 of the contract will be $1,175,832.15. BACKGROUND INFORMATION: The Superintendent of Gas Department, Wes Boyett, is requesting a contract amendment No. 2 for RFQ PS015-22 for Natural Gas Engineering Consulting Services, with Magnolia River for additional costs for Phase 1 of the project. This contract is for professional engineering services for the natural gas system leak- prone piping restoration project that is required by the federal government. The contract was initially awarded to Magnolia River for Five Hundred Thousand Dollars ($500,000.00) for the initial assessment and study of the project. Resolution No. 4576- 22 on October 10, 2022. Contract Amendment No. 1 was approved on October 23, 2023 (Resolution No. 4889-23) to approve an additional amount of Five Hundred Thousand Dollars ($500,000.00) to complete Phase 1 of the project. Contract Amendment No. 2 is for additional costs of One Hundred Seventy-Five Thousand Eight Hundred Thirty-Two Dollars and Fifteen Cents ($175,832.15). This will bring the total contract cost for professional engineering services to One Million One Hundred Seventy-Five Thousand Eight Hundred Thirty-Two Dollars and Fifteen Cents ($1,175,832.15). BUDGET IMPACT/FUNDING SOURCE: Page 178 of 207 Account No. Account Title Current Budget Cost Available Budget 002-59500 Gas - Utilitiy System Improvements $0.00 $175,832.15 ($175,832.15) 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 179 of 207 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves Amendment No. 2 for (RFQ No. PS015-22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc. for Cast Iron Pipe Replacement Phases 1-6 with a not-to-exceed amount of $175,832.15; and authorizes Mayor Sherry Sullivan to execute contract amendment. This will increase the total cost of the contract to $1,175,832.15. ADOPTED ON THIS 12TH DAY OF NOVEMBER, 2024 _______________________________ Corey Martin, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 180 of 207 Page 181 of 207 Page 182 of 207 Page 183 of 207 Page 184 of 207 Page 185 of 207 Page 186 of 207 Page 187 of 207 Page 188 of 207 Page 189 of 207 RESOLUTION NO. 4889-23 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City Council approves a contract extens ion for (RFQ No . PS0l 5-22) Natural Gas Engineering Consulting Services with Magnolia River Services, Inc . for Cast Iron Pipe Replacement Phases 1-6 with a not-to-exceed amount of $500 ,000.00; and authorizes Mayor Sherry Sullivan to execute contract amendment. [2] This will increase the original amount of contract from $500 ,000.00 to one million dollars $1 ,000,000.00. Corey Martin Counci l President Pro Tempore Attest: ~~ City Clerk Page 190 of 207 RESOLUTION NO. 4576-22 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a Contract for Natural Gas Engineering Consulting Services with Magnolia River and approves the negotiated Proposed Rate Schedule for (RFQ PS0 15-22) with a not-to-exceed amount $500,0 00 .00 . DULY ADOPTED THIS 10TH DAY OF OCTOBER, 2022 Attest: ~~~4ifL ~anks,MC City Clerk Page 191 of 207 RESOLUTION NO. 4540-122 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [ 1] That the City Council approves the selection of Magnolia River as Consultant for (RFQ PS015-22) Natural Gas Engineering Consulting Services ; and authorizes Mayor Sherry Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with this firm . DULY ADOPTED THIS 12TH DAY OF SEPTEMBER, 2022 cil Presiden Attest: ~~ isaAHimic'~ c City Clerk Page 192 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-770 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: Michelle Thomason, President, Fairhope Sunset Rotary Club, requesting permission for the use of the City streets for a fundraising event that will benefit local charities on Saturday, January 13, 2025 for the 6th Annual 0.5K Run in Fairhope from 1:00 p.m. to 1:30 p.m. AGENDA DATE: November 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 193 of 207 City of Fairhope Approval Special Event Request 1 O I 15 I 2024 I Date complete application submitted to Rental Facilities Department Event: 0.5k Race Person Requesting: Fairhope Sunset Rotary Club DateofEvent: 01/11/25 Location : Central Business District Streets (See Attached Map) Approval/Disapproval supporting documentation attached. Approval: 10/22/24 Approx. security cost s 540.00 Police Chief /Designee _(r_"r_Laa!d __________ Date: 10/2312024 Approx . cost city services $ 350 '00 Director of Public Works/Designee Pa /a e Cta wto n { _Pai-geC_r~_fo_rd~(O_ct2~2, 2_0/::~41=2:5~0 C~DT~) -------Date : ----- Director of Community Events Disapproval: ______________ Date : ____ _ Police Chief ______________ Date : ____ _ Director of Public Works/Designee ______________ Date : ____ _ Director of Community Events D Route back to rental facilities department for application package finalization NOTES: ______________________________ _ Rev . 01/20 MS/CM Page 194 of 207 August 21 , 2023 City Council City of Fairhope P.O. Box429 Fairhope, AL 36533 Fairhope Sunset Rotary Cl ub P .O. Box 1 43 -:t'airhope~ AL 365:13 To Whom It May Concern, On Saturday, January 13 , 2024 , we are proposing to have the 5th annual 0.5K Run in Fairhope. Attached is our application to request the use of the City streets for this fundraising event that will benefit local charities. The event will carry the same logistics as last year. The run will start at Bay Breeze Cafe at 3pm and will proceed west on Fairhope A venue, then right on Summit Street followed by a right on Magnolia and then right on Church Street and then back to Fairhope Avenue to the end at Bay Breeze Cafe . Pre-race events and post-race activities will be held at the Bay Breeze Cafe. Given the short distance of the run , we are anticipating that the race portion of the event will only last about 15 minutes. We plan to hire Fairhope Police Officers for a 3 hour period to ensure that the safety of the runners before, during and after the race. For your review , we have also attached a copy of our certificate of insurance for special events that is provided by Rotary International. Please do not hesitate to contact me with an y quest ions regarding the e vent or if you need any further information . Sincerely, Michelle Thomason President, Fairhope Sunset Rotary Page 195 of 207 APPLICATION FOR USE OF THE CITY OFF AIRHOPE SIDEWALKS AND/OR STREETS We the undersigned hereby apply for tl1e use of certain sidewalks and/or streets within the City of Fairhope and in connection with said application, furnish the following: 1. Which street and/or sidewalk do you wish to use? _F_-_h_o_p_e_,_S_u_m_m_it_, _M_a_g_n_o_l i_a_,_C_h_u_r_c_h ___ _ 2. Date Requested: _0_1_/_1_1_/_2_5_____ Hours requested from : _1_p_m ____ to 130pm 3. Renter's Name: Fairhope Sunset Rotary Address: PO Box 143 City: Fairhope State: _A_L ___ _ Zip: 36533 Phone Numbers: 251-583-0702 Jack Powell 4 . PurposeofUse: 0.5 Race/Fundraiser 5. Number of persons expected to attend (adults and minors): _2_0_0 ______________________ _ 6. Will there be alcohol on the premises during the event? nO Ifrequested, the Fairhope City Council may allow alcoholic beverages. If alcohol is allowed, the user must adhere to al I rules of the Alabama Beverage Control Board and its permitting process. All permits required must be sub mitted to the City of Fairhope Police Chief at least 12 weeks prior to the event. tent/corner of Magno lia and Church st in a parking lot 7. Describe any decorations, tents, sound equipment, staging, port-a-lets, etc.: __________________ _ 8. Will you need electricity? Will you need water? Yes Yes X X No No Rental Company: ___________ _ For: ___________________ _ For: ___________________ _ INDEMNITY AND HOLD HARMLESS AGREEMENT In conside ration of the permission granted to me by the City of Fairhope to use the sidewalks and/or streets, l 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 using the sidewalks and/or streets who are injured or suffer property damage that is in any way caused by my use of the sidewalks and/or streets . This indemnity and hold harmless agreement is given to the City of Fairhope to protect the City and its agents, servants and employees from cost of defense and claims for injuries and damages that may be caused either directly or indirectly by my use of the sidewalks and/or streets. CLEANING AND CANCELLATION POLICIES a .) At the concl usion of th e event, the area will be inspected by a representative of the City . If the user has not cleaned up the park and restored it to its original condition, the City will clean up the park and charge the user for the services. b.) All cancellations and /or date changes must be in writing and signed by the same person who signed the application and paid the rental fees, and must be given to the Site Manager not less than 30 days prior to the event. No fee refunds will be made for cancellations made less than 30 days prior to the event. Fee refunds will be made by check, and delivered by mail, less the cost of City services, as assessed by the appropriate City staff for clea ning, or a 20% handling charge for cancellations. We the undersigned have read and understand the indemnity Agree ment, as well as all rules and regulations contained in City Ordinance No. 1576 l!S set forth by the governing body of the City of Fairhope, and will abide by these rules and regulations, which include but are not limited to the Cancellation and Cleaning policies. We also understand that if, at any time, the City-appointed Law Enforcement Personnel fee at sai rnles and regulatio ns are not being followed, the function will be terminated . Renter's Signatu re : ---,;~~~--='4-£-IL-..=:...--==---=-------------Date : 9 -2-0 -~ City Personnel : Date: /CJ/ 15 /Z'/ Ck.#: 2 21..,5 / -Office Use O11(v-/ / Applicazi on Signed 'Dated_if____ Permit/Deposit Fees __ V __ Emered in Calendar L_ Page 196 of 207 CITY OF FAIRHOPE STREET & SPECIAL EVENT CHECKLIST ~1,''[ijEQRMi\rIQ~ ,AND.'l>OCUlVIENTA TION REOAJ,IDIN<;:YQU:REVENT lYIUST B.E.SUJJ~TTED T9, J'IIE :CIIY ;OF ~FMRHQPE A.I LEAST . ti WEEKS ,PRIO:il: TO -YOUR EVENT ~1r ri9pti~:t',tt~TiON/fHA1'i$ SUBMITTED LESS THAN'12WEEKS-WlLL NOT BE ACCEPTED Y- 1. Application , Cancellation Policy, Indemnity/Hold Harmless Agreement signed, dated, and fees paid. 2. Letter to the City Council if you are making any special requests which include but are not limited to street closing, permission to have alcohol, law enforcement personnel, barricades, and other event details. 3. Route/Map of Special Event (Emergency Vehicle access must be provided I Estimated Law Enforcement/Personnel Cost: $ ________ _ 4. NON-PROFIT ORGANIZATIONS: Proof of nonprofit status (IRS letterhead) ~ 5. Proof of liability insurance naming the Citv of Fairhope as additional insured for date of event requested. ~ 6. Signatures from 75% businesses/residents directly affected by the street to be closed. ~ 7. Notifications to 100% of businesses & residents within 300 ft. of street to be closed (30 da ys in advace) 8. For South Park Events, signatures from: Restaurant on Pier: ____________________ _ Date: ________ _ 1 9. Event details (Items, including the ones listed below, must be removed immediately following event and park/street cleaned and restored to original condition. (If not, additional fees will be incurred.) ~ Law Enforcement Personnel Provided by : {;, ~ f of,.. t--L--/)~ Barricades Staging Tents Port-o-lets Special transportation needs Provided by: __________________ _ Provided by: __________________ _ Provided by: __________________ _ provided by: __________________ _ provided by: __________________ _ Special electrical needs: __________________________ _ __ 10. AGENDA DATE TO MEET WITH CITY COUNCIL (if required): _________ _ O/Jice use 011~1• __ Street closi ng approv ed __ Alc oho l app roved __ AB C Li cen se if sell ing alco hol __ Park/Stree t pe rm it fe es paid Page 197 of 207 -l I C1t of Fa rhope Central Busm ss 01 trict Fri I I ; ___ . ____ _......_, D ;:20 ¥0 8SG r=ee , L--~-~--~---'---'--' ...e nd r,• R ! ""C,,hJ.tn.,v S .~,.;J "1 R \ ..-, ... P.:'ll~'f,~•r.tal"' !"-.io ..,JW' I 1'"'-l1 ., : ,_ ·~.n:-.. ~tr;i'Me' .-:,n 1,. :i...: .>--. i::"'"'~"I •l.ut: .r, ·•, R-; -1,s.,h Ck:-.·-.. r_. 119 ~J1.rt at .,. ,•~~ 4\"'tt-'-':lf fl ··a ' ...... Page 198 of 207 DATE: ____ _ SIGNATURES of BUSINESSES & RESIDENCES t ~ INSIDE CBD: Signatures of approval from 75% of biz/res whose store fronts are directly affected by street to be closed (12 weeks prior) AND Notification to 100% of bus/res with in 300 ft. of the event (30 days prior)"' D OUTSIDE CBD: Signatures of 75% of businesses and residences within 300 ft. of street to be closed (12 weeks prior), AND notification to 100% of bus/res along the street to be closed (30 days prior)* *NOTIFICATIONS MUST BE GIVEN VIA U.S. MAIL, E-MAIL, OR DOOR-TO-DOOR, 4 WEEKS BEOFRE iO YOUR EVENT. All SIGNATURES ARE DUE NO LATER THAN 12 WEEKS PRIOR TO EVENT DATE. NAME ADDRESS PHONE SIGNATURE ~~~'b'f~D a\4 ,,,rc~u..v ~. ~s-J -Q..i --&-og.s; IV /4 1KJ;o .,~ --'{;, J-;<.,) I( ·c;;;u 13 1/ Person(s) responsible for collecting and authenticating above signatures: Name ______ _ • JAt ~ Phone -~'-/~ CIIO-rv je -/-A £v-)._._fo --t-Jt S'~.$ ------ A_,... l J ,\ h t . -k . ..11 , ~ .• C /J Page 199 of 207 DATE: ____ _ SIGNATURES of BUSINESSES & RESIDENCE S o. Street(s} to be closed: J.w, '/i;,; /2 s 4rat11, • d. fa fY1vAflq -/z, CA,m:h s/ fv Ty pe of Eve nt: ~ • a, r ~irh()f)( & t ~ INSIDE CBD: Signatures of approval from 75% of biz/res whose store fronts are directly affected by st reet to be closed (12 weeks prior) AND Notification to 100% of bus/res within 300 ft . of the event (30 days prior}* D OUTSIDE CBD : Signatures of 75% of bus in esses an d res idences w it hi n 30 0 ft. of st reet to be cl osed (12 we eks prior), AND notification to 100% of bu s/res along the street to be closed (30 days prior)* *NOTIFICATIONS MUST BE GIVEN VIA U.S. MAIL, E-MAIL, OR DOOR-TO-DOOR, 4 WEEKS BEOFRE 'fO YOUR EVEN'f. Al l SIGNATURES ARE DUE NO LATER THAN 12 WEEKS PRIOR TO EVEN T DATE. NAME ADDRESS PHONE SIGNATU RE (1 CJw:r / II . I Page 200 of 207 ~ ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY ) ~ 10/8/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provis ions o r be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certai n policies may require an endorsement. A statement o n this certificate does not confer rights to the certificate holder in l i eu of such e ndorsement(s). PROD UCER ~2tl~CT C rystal Glea son Hylant Group I n c flJ~NJo "y"• 4 19-259-2710 I FAX 811 M adison Ave IA/C No l: 41 9 -255-7557 Toledo OH 43604 E-MAIL ADDR ESS : - I--INSUR ER!SI AFF ORDING COV ERAG E NAIC# INSURER A : W e st c hester S u r p lu s Line s Insu ra nc e C ompa ny 10172 Insured All Act ive US R o tary C lubs & D is tric ts INSURERS : 6880 INSURER C : - Attn: R isk M anage m e nt Dept. INSURERD : - 1560 She rma n A v e nue INSURER E : -1 Eva nston IL 6 0 20 1-3698 INSURER F : I COVERAGES CERTIFICATE NUMBER : REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLI C IE S OF IN SURANCE LISTED BELOW HAVE BEEN IS S UED TO THE INSURE D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDI NG AN Y REQ U IREMENT, T E RM OR CO NDI TI O N OF A NY CO NTRACT OR OTH ER DOCUMENT WITH R ES PECT T O WHICH THIS CE RTI FICAT E MAY BE ISSU ED OR MAY PERTA IN , TH E INSURANCE AFFO RDE D BY THE POLICIES DE SCRIBE D HE REIN IS S U BJ ECT TO ALL THE TERMS, EXCLUSIONS A ND CON D ITI ON S O F SUCH POLICI ES. LIMITS SHOW N MAY HAVE BEEN REDUCED B Y PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB~ PO LI CY EFF PO LICY EXP LI MITS LTR I ,~~n l uMn POLICY NU MBE R IMM /DD /YYYYI IMMIDDIYYYYI A X COMMERCIAL GENERAL LI ABILITY v I I G73578917003 I 7/1 /2024 I 7/1/2025 ~ H OCCURRENCE $2,000 ,000 LJ CLAIMS-MADE 0 OCCUR I MAGE TO RENTED I PREM ISES IEa """Urrencel $500,000 I--I I X Liquor Liabil ity Included MED EXP (Any one person I $ 1-- I I--PERSONAL & ADV INJURY $2,000 ,000 GEN'LAGGRE GATE LIM IT APPLI ES PER : GENERAL AGGREGATE $4,000 ,000 ~ POLICY □ jf& □ LOC I PRODUCTS • COMP/OP AGG $4,000 ,000 - OTHER: I $ A AUTOMOBI LE LIABI LITY y j G73578917003 7/1/2024 I 7/1/2025 I COMBINED SING LE LIM IT S2 ,000 ,000 I--IEa accidenll AN Y AUTO BOD ILY INJURY (Per person) $ ~ OWNED -SCHEDULED I I I \ BODIL Y INJURY (Per accident) $ ~ AUTOS ONLY ~ AUTOS I X HIRED X NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY I 1 (Per acciden t) ~ 1--I I $ UMBRELLA LI AB HOCCUR Not applicable I I EACH OCCURRENCE $ 1-- EXC ESS U AB CLAIMS-MADE I AGGREGATE $ OED I I RETENTION $ I I $ WORKERS COMPENSATION I No t applicable I PER I I OTH- AND EMPLOYERS" LIABI LITY STATUTE ER I YI N I : E.L EACH ACC IDENT ANYPROPRIETOR/PARTN ER/EXECUTIVE □ s OFF ICER/MEMBER EXC LUDED? N /A (Mandatory in NH) I E.L DISEASE-EA EM PLOYEE $ II yes. describe under DESCRIPTION OF OPERATIONS below , E.L DISEASE · POLICY LIM IT $ I I I i DE SCRI PTION OF OPERATIONS / LOCATIONS / VEHIC LES (ACORD 101 , Addltlo nal Re marks Sched ule, may be atta ched If more spa ce Is requi red) The C ertificat e Hol d er is included as an add iti onal insured w here req ui red by w ritt e n contract o r permit s u bj ect to· the terms a nd c o nd it ions of the general liab ility policy , b ut o nly to the e xte n t bodily injury or p roperty damage is cause in w hole o r in part by the a c ts or omiss io ns of the insured. CERTIFICATE HOLDER CANCELLATION C ity Of Fairhope SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA NCELLED BEFORE 161 North Section St THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN Fai rhope Al 36532 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP RESENTATIVE ~\<'. w~ I © 1988-2015 ACORD CORPORATION . All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 201 of 207 .Sk Race 1.11.25 Packet Final Audit Report Created: By: Status : Transaction ID: 2024-10-15 Nick Martin (nicholas.martin@fairhopeal.gov) Signed CBJCHBCAABAAsw6Q3nR8rlREufNEdvo3zEUAMeDiljal ".5k Race 1.11.25 Pac ket" History f:I Document created by Nick Martin (nicholas.martin@fairhopeal.gov) 2024-10-15 -12:59 :38 PM GMT C:. Document emailed to stephanie .hollinghead@fairhopeal.gov for signature 2024-10-15 -1 :03 :08 PM GMT f:I Email viewed by stephanie.hollinghead@fairhopeal.gov 2024-10-21 -1:22 :42 PM GMT f:I Email viewed by stephanie.hollinghead@fairhopeal.gov 2024-10-22 -3:30:25 PM GMT 2024-10-23 ~ Signer stephanie.hollinghead@fairhopeal.gov entered name at signing as Stephanie Hollinghead 2024-10-22 -3:36:54 PM GMT 0'o Document e-signed by Stephanie Hollinghead (stephanie.hollinghead@fairhopeal.gov) Signature Date : 2024-10-22 -3:36 :56 PM GMT -Time Source : server C:. Document emailed to paige.crawford@fairhopeal.gov for signature 2024-10-22 -3 :36 :58 PM GMT f:I Email viewed by paige.crawford@fairhopeal.gov 2024-10-22 -5:50 :09 PM GMT 0'0 Signer paige.crawford@fairhopeal.gov entered name at signing as Paige Crawford 2024-10-22 -5:50:57 PM GMT 0'<> Document e-signed by Paige Crawford (paige .crawford@fairhopeal.gov) Signature Date : 2024-10-22 -5:50 :59 PM GMT -Time Source : server ~ Document emailed to George Ladd (george.ladd@fairhopeal.gov) for signature 2024-10-22 -5 :51 :01 PM GMT a Adobe Acrobat Sign Page 202 of 207 ·" .. ~ Email viewed by George Ladd (george.ladd@fairhopeal.gov) 2024-10-23 -11 :35 :19 AM GMT 0o Document e-signed by George Ladd (george.ladd@fairhopeal.gov) Signature Date : 2024-10-23 -11 :36 :06 AM GMT -Time Source : server 9 Agreement completed . 2024 -10-23 -11 :36 :06 AM GMT fJ Adobe Acrobat Sign Page 203 of 207 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-725 FROM: Jenny Wilson, Assistant City Clerk SUBJECT: APPOINTMENT o Kathy Sternenberg appointment to the Fairhope Public Schools Commission for the first term, which will begin January 1, 2025, and will end December 31, 2027. AGENDA DATE: November 12, 2024 RECOMMENDED ACTION: Council to approve Kathy Sternenberg appointment to the Fairhope Public Schools Commission for the first term, which will begin January 1, 2025 and end December 31, 2027. 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 204 of 207 FAIRHOPE PUBLIC SCHOOLS COMMISSION NOMINEE (S) 3 - Year Term APPOINTMENT Kathy Sternenberg appointed for first term, which will begin January 1, 2025 and will end December 31, 2027. Page 205 of 207 Page 206 of 207 Page 207 of 207