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HomeMy WebLinkAbout12-09-2024 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, December 9, 2024 - 6:00 PM City Council Chamber Council Members Jack Burrell Corey Martin Jimmy Conyers Jay Robinson Kevin G. Boone Invocation and Pledge of Allegiance 1. Approve minutes of 21 November 2024 Regular City Council Meeting 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing - Ordinance - An Ordinance establishing Impact Fees on New Development in the City of Fairhope; and repealing and replacing Ordinance No. 1625. 6. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute an Intergovernmental Funding Agreement between the City of Fairhope and the Baldwin County Commission for the Use of County Voting Machines and the Services of the County Voting Machine Custodian and Employees for Municipal Elections. The use of the County-owned voting machines is at no cost. The City will reimburse the County for the costs associated with Services of the County Voting Machine Custodian and Employees for Municipal Elections. 7. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute an Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale, LLC for continued representation of the City, the Planning and Zoning Commission, the Board of Adjustment & Appeals, Fairhope Utilities, and all related matters involving planning, zoning, real property, and any other general representation as requested by the City, as well as litigation that may or may not be covered by the City’s insurance carrier. 8. Resolution - That the City Council hereby authorizes the Council President to sign bank documents for Fiscal Year 2025. 9. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Grant Administration Services for (RFQ PS25-009) for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park to Volkert, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Page 1 of 215 City Council Regular Meeting December 9, 2024 Page - 2 - 10. Resolution – That the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding between the Baldwin County Commission, the City of Fairhope, and the Fairhope Volunteer Fire Department regarding the shared use of certain communications infrastructure owned by Baldwin County Commission for the purpose of supporting an interoperable P-25 public safety communications system. 11. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Roof Replacement for Fire Station #1 to Southern Steel Structures for a not-to-exceed project cost of $41,200.00. 12. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $52,000.00 from Salaries 001360-50040 to Temp Contract Labor 001360-50245. 13. Resolution - That certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. 14. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-045-2024-PWI-009) Resurfacing of Section Street from Fels Avenue to Bayou Drive with a cost of $5,377.77; and to award Change Order No. 1 to Asphalt Services Inc. The new contract total will be $557,665.24. 15. Resolution - To award (Bid No. 25-008) to Wayne's Pest Control Services, LLC. for Pest Control Annual Contract with an annual contract amount of $10,530.48. 16. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Surveying and Engineering Design Services for (RFQ PS25-008) for the Bon Secour at Grand Drainage Project to Sawgrass Consulting, LLC; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 17. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement to Roof Doctor of Alabama, Inc. for a not-to-exceed project cost of $34,475.00. 18. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for Professional Engineering Services for (RFQ PS25-002) for the Installation of a 24" Water Line from WTP #2 to CR13 Along Fairhope Ave. with a not-to-exceed contract amount of $305,000.00. Page 2 of 215 City Council Regular Meeting December 9, 2024 Page - 3 - 19. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for Professional Engineering Services for (RFQ PS25-003) for the Installation of a 16" Water Main from WTP #2 to State Highway 181 with a not-to-exceed contract amount of $320,000.00. 20. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 2 (Bid No. 040-22) On Call Contractor Services (Water and Sewer) to W.R. Mitchell Contractor, Inc. for one (1) year extension of the annual contract from January 4, 2025 to January 3, 2026 per the same terms and conditions of the original contract. 21. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Gonzalez-Strength & Associates, Inc. for Professional Engineering Services for a Feasibility Study for a new 114-Acre Park (RFQ PS24- 025) with a not-to-exceed amount of $4,500.00. The new contract total will be $54,500.00. 22. Resolution - That the City of Fairhope approves Mayor Sherry Sullivan selection of Pyro Productions Inc. as Professional Consultant for (RFQ PS25-010) Design and Production of the Fireworks Display for New Year's Eve 2024, pursuant to Code of Alabama, "Pyrotechnic Shooter Law"; and authorizes the Mayor to execute a contract with an amount not-to-exceed $12,000.00. 23. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract between the City of Fairhope and Music Garden to provide musical entertainment at the Fairhope New Year's Eve 2024 Celebration for a not-to-exceed amount of $9,500.00; and authorize the City Treasurer to pay $9,500.00 payable to Music Garden with execution of contract prior to the performance. Exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3). 24. Resolution - That the City Council to reject all bids (Bid No. 25-001) to Procure Services for Joint Use Attachment Inventory for the Electric Department pursuant to Code of Alabama 1975, Section 41-16-57(d). 25. Resolution - That the City Council approves to reject all bids (Bid No. 25-003) for 46 KV Transmission Line 2024 Modifications & Additions, and authorize the re-bid under Code of Alabama 1975, Section 41-16-57(d). 26. Application for Restaurant Liquor License by Robert Evans, Little Bird Fairhope LLC, d/b/a Little Bird, 404 Oak Avenue, Fairhope, AL 36532. 27. Public Participation – (3 minutes maximum) 28. Adjourn Next City Council Regular Meeting - Thursday, December 19, 2024, 2:00 p.m. Page 3 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2024-186 FROM: Lisa Hanks, CITY CLERK SUBJECT: Minutes of 21 November 2024 Regular City Council Meeting AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: Approve minutes of 21 November 2024 Regular City Council Meeting 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 215 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 2:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Thursday, 21 November 2024. Present were Council President Jack Burrell, Councilmembers: Corey Martin and Jimmy Conyers, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and Planning Clerk Cindy Beaudreau. Councilmembers Jay Robinson and Kevin Boone, and City Clerk Lisa A. Hanks were absent. There being a quorum present, Council President Burrell called the meeting to order. The invocation was given by Pastor Timothy Clark of Celebration Church and the Pledge of Allegiance was recited. Councilmember Conyers moved to approve minutes of the 12 November 2024, regular meeting; and minutes of the 12 November 2024, work session. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding Tree Lighting Celebration and Movie in the Street. Councilmember Martin said he was looking forward to tonight. Councilmember Conyers also said he was looking forward to tonight. Council President Burrell reiterated what Councilmembers Martin and Conyers said regarding Lighting of the Trees. He mentioned the Nutcracker Ballet at the Fairhope Civic Center and the Corks, Casks & Canvas event at Eastern Shore Art Center. Councilmember Martin moved for final adoption of Ordinance No. 1815, 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. (Introduced at the November 12, 2024 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, and Conyers. NAY - None. Page 5 of 215 21 November 2024 Councilmember Conyers moved for final adoption of Ordinance No. 1816, an ordinance to establish Water and Wastewater (Sewer) Rates for all Customers on the City of Fairhope Water and Wastewater Systems and to Repeal Ordinance No. 1791. (Introduced at the November 12, 2024 City Council Meeting) Seconded by Councilmember Martin, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, and Conyers. NAY - None. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (RFQ PS23-018) Professional Engineering Services for Water Treatment Plant No. 3 Inspections and Construction Materials Testing with a cost of $8,840.00 with GeoCon Engineering & Materials Testing Inc. The total cost for Inspections and Construction Materials Testing will be $23,840.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5271-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (RFQ PS23-018) Professional Engineering Services for Water Treatment Plant No. 3 Inspections and Construction Materials Testing with a cost of $8,840.00 with GeoCon Engineering & Materials Testing Inc. The total cost for Inspections and Construction Materials Testing will be $23,840.00. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 ________________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-002) for the Installation of a 24" Water Line from WTP #2 to CR13 Along Fairhope Ave. to Krebs Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 6 of 215 21 November 2024 RESOLUTION NO. 5272-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-002) for the Installation of a 24" Water Line from WTP #2 to CR13 along Fairhope Avenue to Krebs Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-003) for the Installation of a 16" Water Main from WTP #2 to State Highway 181 to Krebs Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to- exceed fee to be approved by Council. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5273-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by the Evaluation Team for Professional Engineering Services for (RFQ PS25-003) for the Installation of a 16" Water Main from WTP #2 to State Highway 181 to Krebs Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 7 of 215 21 November 2024 Planning Director Hunter Simmons addressed the City Council to explain the Site Plan of property owned by Encounter Development, LLC for Site Plan Approval of Encounter House Relocation – Lot 11. The property is approximately 1.02 acres and is located on the northeast corner of State Highway 181 and State Highway 104. PPIN #627501. (Planning Commission unanimously recommends approval of SR 24.05). Councilmember Martin moved to approve the Site Plan property owned by Encounter Development, LLC listed above. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for Professional Services to conduct FEMA-HMGP Grant Application, Program Management, and Grant Administration for a FEMA Rate First Responder Safe Room with a cost of $10,000.00 with EnCompass360. The total cost for these professional services will be $70,000.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5274-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for Professional Services to conduct FEMA-HMGP Grant Application, Program Management, and Grant Administration for a FEMA Rate First Responder Safe Room with a cost of $10,000.00 with EnCompass360. The total cost for these professional services will be $70,000.00. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 8 of 215 21 November 2024 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by the Evaluation Team for Professional Engineering, Survey, and Geographic Information System (GIS) Services for (RFQ PS24-034) for the City of Fairhope - Fairhope Area Storm Water Mapping & Resiliency Planning to Thompson Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to- exceed fee to be approved by Council. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5275-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by the Evaluation Team for Professional Engineering, Survey, and Geographic Information System (GIS) Services for (RFQ PS24-034) for the City of Fairhope - Fairhope Area Storm Water Mapping & Resiliency Planning to Thompson Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-002) to Donohoo Chevrolet, LLC for One (1) New Ford Mustang Mach E Electric Vehicle or Equivalent for the I. T. Department with a bid proposal not-to-exceed $37,544.50. Seconded by Councilmember Martin, motion passed unanimously by voice vote. * * Page 9 of 215 21 November 2024 RESOLUTION NO. 5276-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids to procure (1 ) New Ford Mustang Mach E Electric Vehicle or Equivalent (Bid No. 25-002) for the I. T. 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: Buster Miles Ford $39,335.00 Donohoo Chevrolet, LLC $37,554.50 [3] After evaluating the bids with required specifications, (1) New Ford Mustang Mach E Electric Vehicle or Equivalent (Bid No. 25-002) for the I. T. Department for a cost not-to-exceed of $37,544.50. DULY ADOPTED THIS 21ST DAY OF NOVEMBER, 2024 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves to reject all bids (Bid No. 24-065) to procure Citywide Tree Removal Annual Contract for Public Works, and authorize the re-bid under Code of Alabama 1975, Section 41-16-57(d). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 10 of 215 21 November 2024 RESOLUTION NO. 5277-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council to reject all bids (Bid No. 24 -065) to procure Citywide Tree Removal Annual Contract for Public Works; and authorize the re -bid under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 21ST DAY OF NOVEMBER, 2024 _____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk City Council reviewed an application for a Restaurant Liquor License by Stephanie Rabalais for 51 LLC d/b/a Kingfisher Seafood Restaurant, located 805 South Mobile Street, Fairhope, Alabama 36532. Councilmember Martin moved to approve the issuance of the license. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Martin moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 2:29 p.m. Jack Burrell, Council President ________________________________ Cindy Beaudreau, Planning Clerk for City Clerk Lisa A. Hanks Page 11 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-840 FROM:Erik Cortinas, BUILDING OFFICIAL SUBJECT:An Ordinance establishing Impact Fees on New Development in the City of Fairhope; and repealing and replacing Ordinance No. 1625. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: That the City Council adopts an Ordinance establishing Impact Fees on New Development in the City of Fairhope; and repealing and replacing Ordinance No. 1625. BACKGROUND INFORMATION: In accordance with Alabama Code § 45-2-243.86, a public meeting during a Work Session of the City Council was held on October 14, 2024 at City Hall with a representative of TischlerBise to present the Study to the Council and the public and to address the City’s governmental infrastructure needs as a result of new development. A public hearing will be held tonight to give the public the opportunity to provide additional comments. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 12 of 215 1 ORDINANCE NO. ______ AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1625 AN ORDINANCE ESTABLISHNG IMPACT FEES ON NEW DEVELOPMENT IN THE CITY OF FAIRHOPE, ALABAMA Be it ordained by the City Council (the “Council”) of the City of Fairhope, Alabama (the “City”) as follows: Section 1. Findings. In accordance with the Act, the City has been authorized by the Legislature of the State of Alabama to adopt and impose impact fees on new development within the City’s corporate limits. In support of the adoption and imposition of such impact fees, the Council makes the following findings: (A) The City is a municipal corporation vested with a portion of the state’s sovereign power to protect and provide for the public health, safety, and welfare. The City is authorized to adopt and implement comprehensive plans, zoning ordinances and other land use regulations to assure its orderly development. (B) The City is a fast-growing community of over 24,000 full time residents. In calendar years 2022 - 2023, approximately 1,322 new building permits and renovation permits were issued. (C) The City encourages development that will make the City a vital, attractive community to serve both residents of the City and the substantial and significant number of visitors who visit the City on a yearly basis. (D) New residential and nonresidential development, however, imposes increased and excessive demands upon public facilities. As demand for public facilities has increased, funding sources for those facilities have decreased at both the state and federal level. In addition, demand for new facilities necessitated by new development impairs the ability of the City to maintain existing facilities because funds must be diverted to construction or expansion of new facilities. (E) The City’s current Comprehensive Plan projects that new development will continue and will place ever-increasing demands on the City to provide public facilities to serve new development. (F) Following the adoption of the Act by the Legislature of the State of Alabama, the City engaged the consulting firm TischlerBise for purposes of preparing an impact fee study. With input from the City, TischlerBise prepared an “Impact Fee Study” for the City dated September 9, 2024 (the “Study”). (G) The Study demonstrates the monetary needs of the City in adding the additional governmental infrastructure necessary to keep pace with the City’s growth. (H) In accordance with Alabama Code § 45-2-243.86, a public meeting during a Work Session of the City Council was held on October 14, 2024 at City Hall with a representative of TischlerBise to present the Study to the Council and the public and to address the City’s governmental infrastructure needs as a result of new development. A public hearing, was held on December 9, 2024 to give the public the opportunity to provide additional comments. (I) To the extent that new development places demands upon public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands. Page 13 of 215 2 (J) An impact fee, established in accordance with this Ordinance, will benefit new development. Section 2. Authorization. This Ordinance is enacted pursuant to the Act and the City’s general police power and land use authority. Section 3. Purpose and Intent. The purpose of this Ordinance is to establish procedures to: (A) determine what local capital improvements are reasonably necessary to serve New Development and the cost thereof; (B) determine the portion of the demand for local capital improvements created by particular types of New Development; and (C) assess against New Development an Impact Fee to finance the cost of local capital improvements proportional to the New Development’s demand for said capital improvements. Section 4. Definitions. Whenever used in this Ordinance, the following capitalized words, terms, and phrases, and their derivations, shall have the meanings ascribed to them below except where the context clearly indicates a different meaning: “Act” shall mean the enabling legislation for Impact Fees applicable to Baldwin County, Alabama as established by the Alabama Legislature and set forth in Alabama Code §§ 45- 2-243.80 through 45-2-243.87 (Act 2006-300), as the same may hereafter be altered or amended from time to time. “All Other Housing” means residential housing units and/or structures other than single- family residential structures, and includes, without limitation, duplexes, triplexes, apartments, condominiums and other multi-family developments. “Applicant” shall mean any person or entity making an application for a Building Permit with the City. “Benefit Area” means one or more areas as defined herein which are used to calculate the costs and expenses relative to the Governmental Infrastructure needs created by a particular type of New Development. “Building Department” means the City’s Building and Inspection Department. “Building Permit” means a document issued by the City authorizing construction of new buildings and/or improvements within the City’s corporate limits. “Business Park” means a cluster of associated businesses, usually in a campus setting, typically consisting of the use of buildings for the administration of business, professional firms and other organizations. “Calculate” means to determine the amount of the Impact Fees assessed against a particular New Development in accordance with the terms and conditions of this Ordinance and the Act. “City” means the City of Fairhope, Alabama. “Com/Shop Ctr” means a building or series of buildings in which retail and/or wholesale sales and services will be delivered to the public. “Estimated Fair and Reasonable Market Value” shall have the meaning ascribed to such term in Alabama Code § 45-2-243.84. Page 14 of 215 3 “Fire” means a Benefit Area for (i) the construction, development and/or improvement of fire stations, (ii) the acquisition of fire fighting vehicles, and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. “Governmental Infrastructure” shall have the meaning ascribed to such term in the Act. “Impact Fee” shall have the meaning ascribed to such term in the Act. “Impact Fee Account” means a special interest-bearing account of the City established by the City at a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation. “Impact Fee Committee” means a committee chaired by the Mayor and comprised of the Mayor, the City Treasurer, the City Building Official, the City Public Works Director, the Chief of the Fairhope Volunteer Fire Department, the Chief of the Fairhope Police Department, and the City’s Director of Parks and Recreation. “Impact Fee Schedule” means the schedule of fees adopted by the Council setting the base fee amount for each Benefit Area and the total Impact Fee for each type of New Development, which schedule is attached hereto as Exhibit “A” and which is incorporated herein by reference. “Light Industrial” means facilities used for the manufacturing or assembly of products to their final form. These uses could be enclosed or could have outside storage of equipment, materials or merchandise. In addition to the actual production of goods, industrial facilities generally also have incidental office, warehouse and associated functions. “Lodging” means a building or group of buildings having five (5) or more guest rooms under a common or individual ownership and single management. These buildings are designed to give, for a fee, transient guests sleeping accommodations and may include as incidental uses, restaurants, cafes, lounges or other guest services. These buildings typically, but do not necessarily have to, have an inner lobby and furnish a room cleaning service for their paying customers. “Manufacturing” means a building or series of buildings for businesses engaged in economic activity involving construction, production, processing, transformation, warehousing, wholesale, and disposal of goods, products and component parts of goods and products, including related services. “New Development” shall mean the subdivision of land, the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; any use of the extension of the use of land; any of which increases the demand on governmental infrastructure. “Nonresidential Development Project” means all New Development in the City other than Residential Development Projects, and shall include, without limitation, any New Development project consisting of one or any combination of Comm/Shop Ctr, Office/Inst, Business Park, Light Industrial, Warehousing, Manufacturing and Lodging. “Occupancy classification” means the intended use of a structure or tenant spaces within a structure as defined by the International Building Code. “Office/Inst” means a building used for professional, administrative, financial, clerical and similar uses. This definition includes, without limitation, institutional uses such as churches, schools, hospitals, libraries, clubs, police and fire stations and other public buildings. “Parks and Recreation” means a Benefit Area for (i) the acquisition of new public park lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. Page 15 of 215 4 “Police” means a Benefit Area for (i) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City’s cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police-related apparatus and equipment, and (iv) the fire component of the Study and/or any other impact fee study obtained by the City in connection with the imposition of Impact Fees. “Residential Development Project” means any New Development in the City undertaken with respect to a Single-Family development and/or an All Other Housing development. “Single Family” means a detached residential dwelling unit designed for and occupied by one family as a home. “Transportation” means a Benefit Area for the cost of intersection improvements made to address additional demand generated by New Development. “Warehousing” means the storage of materials, but may also include incidental office and maintenance areas. Section 5. Imposition of Impact Fees. The City hereby imposes an Impact Fee in accordance with the Impact Fee Schedule against all New Development and renovation or expansion of existing structures within the City’s corporate limits subject to any limitations on the amount of the Impact Fee set forth in the Act. In the event any appraisal process is commenced in accordance with the Act, the City shall be responsible for the cost of any appraisal required by the City, and the City and the Applicant shall share equally in the cost of any appraisal obtained at the request of both the City and the Applicant. This Ordinance and/or the Impact Fee Schedule may be amended at any time hereafter and from time to time by the Council in accordance with the procedure set forth in the Act for the adoption of an Impact Fee. The Impact Fee shall be collected and administered as hereinafter provided. Section 6. Calculation and Collection of Impact Fees. Impact Fees may be imposed on New Development or renovation or expansion of existing structures as defined in Section 8 hereof, and subject to any limitations on the imposition and collection thereof in the Act. Impact Fees shall be Calculated using either 1% of the combined construction and land cost, or per the fees listed in Exhibit A, and the lesser of the two calculations will apply. Land cost will not be assessed or added to renovation, expansion, or change in occupancy classification of existing structures. Fees shall be collected by the Building Department prior to the issuance of a Building Permit for New Development and in accordance with the Impact Fee Schedule. Except as is hereafter provided in Section 14 hereof, all Impact Fees shall be paid by an Applicant to the City in cash or other immediately available funds. Section 7. No Additional Capacity. No Impact Fee may be assessed for or expended upon the construction, improvement, operation or maintenance of any Governmental Infrastructure that does not create additional capacity for use by the general public. The following shall be exempt from the payment of impact fees: A. Alteration or expansion of an existing dwelling unit which does not result in any additional dwelling units or increase in the number of families for which such dwelling unit is arranged, designed or intended to accommodate for the purposes of living quarters. B. The replacement of a building or dwelling unit where no additional square footage or dwelling units are created and when the existing and replacement or dwelling unit are located on the same lot. To be eligible for this exemption, official evidence such as, but not limited to, aerial photos, property surveys, Revenue Commission property appraiser data, or building permit data must be provided that confirms a building of equivalent use existed within the parcel boundaries in which the replacement structure is to be located. Page 16 of 215 5 Section 8. Change in Size and Use. An impact fee shall be imposed and calculated for alteration, expansion or replacement of a building if the alteration, expansion or replacement of a building results in a use that it is determined to generate greater impact than the present under the applicable fee rate schedule. Impact fee shall be calculated as follows: A. If the impact fee is based on a per dwelling unit method, the impact fee shall be the amount due under the applicable impact fee rate schedule, less the calculated impact fee applicable prior to the alteration, expansion or replacement. B. If the impact fee is based on the square footage method, the impact fee due for the increased square footage shall be calculated by determining the impact fee due according to the square footage resulting from the alteration, expansion or replacement, less the impact fee that would have been imposed for the original square footage prior to the alteration, expansion or replacement. C. All single family residential fees in the fee schedule are based on an assumed 3-bedroom home. If the replacement structure has an increase in the number of bedrooms or sleeping rooms as defined by the City of Fairhope Building Code Supplement, any partial impact fee will be calculated on a percentage basis based on the increased number of sleeping rooms within the structure. D. If a building is demolished in preparation of a new structure, a pre-demolition inspection will be performed to determine the number of sleeping rooms in the existing structure to establish the baseline for the calculation of any partial impact fee imposed. E. All changes in use or Occupancy classification as defined by the International Building Code will be subject to full impact fees calculated at the new construction fee based of Occupancy classification. A credit will be given for the calculation of the new construction fee of the previous building based on Occupancy Classification. Section 9. Nature of Impact Fee. An Impact Fee is both a personal liability of the Applicant and a lien upon the real property upon which the New Development is to be constructed and/or improved. Said lien may be foreclosed upon in accordance with the procedure for the foreclosure of real estate mortgages in the State of Alabama. Section 10. Refund of Impact Fee. Except as is specifically required by the Act, Impact Fees are not refundable, unless the applicable Building Permit is voided in writing by the Applicant and no construction or construction-related activities have taken place. In the event a refund is made pursuant to the foregoing sentence, a processing fee of five hundred and no/100 dollars ($500.00) shall be withheld by the City from any such refund. Section 11. Impact Fee Accounts. The funds collected pursuant to this Ordinance shall be deposited into the Impact Fee Account. The funds of the Impact Fee Account shall not be commingled with other funds of the City. The City shall separately account for fees collected for the Benefit Areas of Parks and Recreation, Fire, Police and Transportation. In the event that less than the full Impact Fee is assessed for any reason, including, without limitation, any cap on such fee contained in the Act, said partial Impact Fee shall be allocated to the applicable Benefit Areas in the same proportion as the full Impact Fee would be allocated to and among the applicable Benefit Areas. Section 12. Use of Impact Fees. Impact Fees may be expended only for the Benefit Area for which they were imposed, calculated, and collected and according to the time limits and procedures established in this Ordinance and the Act, if any. All impact fees collected for a Benefit Area must be spent in that Benefit Area. Impact Fees generated by this Ordinance may be used for any purpose permitted by the Act. Section 13. Time Limitations on Use of Impact Fees. The City shall expend or contract for the expenditure of all Impact Fees collected in accordance with this Ordinance within any time periods set forth in the Act; provided, however, that in the event the Act does not impose any limitation on the timing of the expenditure of Impact Fees, then the City shall have no obligation to expend any Impact Fees within any specific period of time. In the event it becomes necessary for the City to refund any Impact Fees due to the failure to expend or contract for the expenditure of such Impact Fees within a given period of time as required by the Act, the City shall refund such Impact Fees to the Applicant who paid such Impact Fees. Page 17 of 215 6 Notwithstanding anything contained herein to the contrary, no party entitled to a refund of any Impact Fee hereunder shall be entitled to any interest on said refunded Impact Fee. Section 14. Appeals. In the event the Building Department and an Applicant are unable to agree upon the Estimated Fair and Reasonable Value following the appraisal process set forth in Alabama Code § 45-2-243.84, the Applicant against which an Impact Fee has been assessed may pay the Impact Fee as Calculated by the Building Department and preserve the right to appeal the amount of the Impact Fee by submitting with payment a written statement that payment is made “under protest” or that includes other language that would notify a reasonable person that the Applicant intends to preserve its right of appeal. Any Applicant intending to appeal the Calculation of an Impact Fee must file said appeal in writing with the City Clerk of the City within thirty (30) days of the last to occur of the Calculation of the Impact Fee by the Building Department and the payment of the Impact Fee by the Applicant to the City. In the written appeal provided to the City Clerk by the Applicant, the Applicant shall set forth enough detail to allow the City to reasonably determine the basis for the Applicant’s appeal. All appeals of Impact Fee assessments shall be heard by the Council at a regularly held meeting of the Council within thirty (30) days of the date of the filing of the notice of appeal by the Applicant with the City Clerk. At such appeal hearing, the Applicant and the City shall have the right to present evidence relative to the establishment of the Estimated Fair and Reasonable Market Value of a New Development. In making such presentations, each of the Applicant and the City shall be limited to fifteen (15) minutes for the presentation of such evidence. Thereafter, a majority decision by the Council shall be required to overturn the decision of the Building Department with regard to the Calculation of the applicable Impact Fee. Section 15. Review of Impact Fee Structure. The Impact Fee Committee shall report at least once every three (3) years to the Council with: (A) recommendations, if any, for amendments to this Ordinance; (B) proposals identifying capital improvements to be funded in whole or in part by the Impact Fees collected pursuant to this Ordinance; (C) proposals for changes to the Impact Fee Schedule. In connection with the foregoing, the Impact Fee Committee is hereby authorized to engage such consultants as it deems reasonably necessary to prepare additional impact fee studies for purposes of arriving at an appropriate and reasonable impact fee rate structure. Section 16. Credits. An Applicant who offers to dedicate land or otherwise provide for the funding of Governmental Infrastructure may be eligible for a credit for such contribution against the Impact Fee otherwise due for that Benefit Area. In the event an Applicant desires to obtain a credit in accordance with the foregoing, the Applicant shall submit its proposal for a credit in writing to the Building Department. To the extent the City prepares forms for the credit process, the Applicant shall make its submittal on said City provided forms. Thereafter, the Building Department shall transmit said proposal to the Impact Fee Committee. The Impact Fee Committee shall make written findings with regard to (a) the value of the Applicant’s proposed contribution; (b) whether the proposed contribution meets capital improvement needs for which the particular Impact Fee has been imposed; and (c) whether the proposed contribution will substitute or otherwise reduce the need for Governmental Infrastructure anticipated to be provided with Impact Fees otherwise assessable against the Applicant. The Impact Fee Committee shall transmit said written findings to the Council along with a recommendation for whether to accept or decline the Applicant’s offer. The Council shall make the final determination as to whether to accept the Applicant’s proposed contribution; provided, however, that in no event shall the credit given to any such Applicant exceed the amount of the otherwise applicable Impact Fee. Page 18 of 215 7 Section 17. Recovery of Public Hearing Costs. Any costs incurred by the City (a) in preparing for and conducting any public hearing required by the Act and (b) in connection with the Study or any similar study hereafter conducted may be recovered as a part of the Impact Fees assessed and collected in accordance with this Ordinance. Section 18. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-exemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 19. Effective Date. This Ordinance shall be effective from and after its adoption by the Council. ADOPTED THIS THE 9TH DAY OF DECEMBER, 2024 __________________________________ Jack Burrell, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS THE 9TH DAY OF DECEMBER, 2024 __________________________________ Sherry Sullivan, Mayor Page 19 of 215 8 EXHIBIT “A” Impact Fee Schedule Residential - Per Housing Unit (Occupancy classifications R-2, R-3, and R-4) Fire Police Parks and Rec Transportation Total Single Family (R-3)$895 $1,353 $3,228 $3,761 $9,237 Percentage allocation 9.6%14.6%35.0%40.8%1% max Multi Family (R-2, R-4)$374 $565 $1,349 $1,023 $3,311 Percentage allocation 11.4%17.1%40.7%30.8%1% max Non-Residential - Per 1,000 square feet of floor area (Occupancy classifications A, B, E, F, H, I, M, S, U) Fire Police Parks and Rec Transportation Total Commercial / retail (A, M)$1,865 $2,538 $0 $7,783 $12,786 Percentage allocation 14.6%19.8%0%60.9%1% max Industrial (F, H, S, U)$373 $507 $0 $1,552 $2,432 Percentage allocation 15.3%20.9%0%63.8%1% max Office / Institutional (B, I, E)$828 1,127 $0 $3,454 $5,904 Percentage allocation 14.0%19.1%0%58.5%1% max Non-Residential - Per room (Occupancy classification R-1) Fire Police Parks and Rec Transportation Total Lodging (R-1)$257 $349 $1,891 $1,067 $3,564 Percentage allocation 7.2%9.8%53.0%30.0%1% max Page 20 of 215 From: April Wallace – Gulf Coast Media Sent: Thursday, November 14, 2024 2:02 PM Account #983608 Ad #355860 NOTICE OF PUBLIC HEARING A discussion of the Impact Fees Study and Proposed New Ordinance by the Fairhope City Council was held at a public meeting Work Session on October 14, 2024 and the proposed new Impact Fee Ordinance will be addressed for public comment at a public hearing. Pursuant to Code of Alabama § 45-2-243.86 - Notice is hereby given that the Fairhope City Council will hold a Public Hearing on the proposed new Impact Fee Ordinance to amend Ordinance No. 1625 on: MONDAY, DECEMBER 9, 2024 At 6:00 p.m., Fairhope Municipal Complex Council Chamber; 161 North Section Street; Fairhope, AL 36532. All persons who desire shall have an opportunity to be heard in favor of, or in opposition to, this proposed Ordinance and are cordially invited to be present. Lisa A. Hanks, City Clerk November 22, 2024 _____________________________________________________________________________ From: Lisa A. Hanks, MMC Sent: Thursday, November 14, 2024 10:26 AM To: April Wallace Subject: Notice of Public Hearing - Impact Fees Ordinance Please publish once, legal in The Baldwin Times only on Friday, November 22, 2024. Please bill P.O. #20250799 If you have any questions, please call me. Thanks, LISA A. HANKS, MMC/LGRC City Clerk Page 21 of 215 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. AN ORDINANCE ESTABLISHNG IMPACT FEES ON NEW DEVELOPMENT IN THE CITY OF FAIRHOPE, ALABAMA Be it ordained by the City Council (the "Council") of the City of Fairhope, Alabama (the "City") as follows: Section 1. Findings. In accordance with the Act, the City has been authorized by the Legislature of the State of Alabama to adopt and impose impact fees on new development within the City's corporate limits. In support the adoption and imposition of such impact fees, the Council makes the following fi ndings: (A) The City is a municipal corporation vested with a portion of the state's sovereign power to protect and provide for the public health, safety, and welfare. The City is authorized to adopt and implement comprehensive plans, zoning ordinances and other land use regulations to assure its orderly development. (B) The City is a fast-growing community of over 15,000 full time residents. In calendar year 2005, approximately 490 new building permits were issued, and in calendar year 2006, approximately 504 new building permits were issued. (C) The City encourages development that will make the City a vital, attractive community to serve both residents of the City and the substantial and significant number of visitors who visit the City on a yearly basis. (D) New residential and nonresidential development, however, imposes increased and excessive demands upon public facilities. As demand for public facilities has increased, funding sources for those facilities have decreased at both the state and federal level. In addition, demand for new facilities necessitated by new development impairs the ability of the City to maintain existing facilities because funds must be diverted to construction or expansion of new facilities. (E) The City's current Comprehensive Plan projects that new development will continue and will place ever-increasing demands on the City to provide public facilities to serve new development. (F) Following the adoption of the Act by the Legislature of the State of Alabama, the City engaged the consulting firm TischlerBise for purposes of preparing an impact fee study. With input from the City, TischlerBise prepared an "Impact Fee Study" for the City dated March 8, 2007 (the "Study"). (G) The Study demonstrates the monetary needs of the City in adding the additional governmental infrastructure necessary to keep pace with the City's growth. (H) In accordance with Section 7 of the Act, a public hearing was held on April 10, 2007 at City Hall to address the City's governmental infrastructure needs as a result of new development. At this public hearing, a representative of TischlerBise presented the Study to the Council and the public, and the public was given the opportunity to provide comments. (I) To the extent that new development places demands upon public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands. Page 22 of 215 Page 23 of 215 Page 24 of 215 Page 25 of 215 Page 26 of 215 Page 27 of 215 Page 28 of 215 Page 29 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-842 FROM:Lisa Hanks, CITY CLERK SUBJECT:An Intergovernmental Funding Agreement between the City of Fairhope and the Baldwin County Commission for the Use of County Voting Machines and the Services of the County Voting Machine Custodian and Employees for Municipal Elections. The use of the County-owned voting machines is at no cost. The City will reimburse the County for the costs associated with Services of the County Voting Machine Custodian and Employees for Municipal Elections. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: That the City Council hereby authorizes Mayor Sullivan to execute an Intergovernmental Funding Agreement between the City of Fairhope and the Baldwin County Commission for the Use of County Voting Machines and the Services of the County Voting Machine Custodian and Employees for Municipal Elections. The use of the County-owned voting machines is at no cost. The City will reimburse the County for the costs associated with Services of the County Voting Machine Custodian and Employees for Municipal Elections. BACKGROUND INFORMATION: This Intergovernmental Service Agreement is authorized pursuant to Code of Alabama 1975, Section 11-102-1. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: LEGAL IMPACT: Page 30 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Sherry Sullivan is hereby authorized to execute an Intergovernmental Funding Agreement between the City of Fairhope and the Baldwin County Commission for the Use of County Voting Machines and the Services of the County Voting Machine Custodian and Employees for Municipal Elections. The use of the County-owned voting machines is at no cost. The City will reimburse the County for the costs associated with Services of the County Voting Machine Custodian and Employees for Municipal Elections. Adopted on this 9th day of December, 2024 ______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 31 of 215 Page 32 of 215 Page 33 of 215 Page 34 of 215 Page 35 of 215 Page 36 of 215 Page 37 of 215 Page 38 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-850 FROM: Sherry Sullivan, Mayor SUBJECT: An Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale, LLC for continued representation of the City, the Planning and Zoning Commission, the Board of Adjustment & Appeals, Fairhope Utilities, and all related matters involving planning, zoning, real property, and any other general representation as requested by the City, as well as litigation that may or may not be covered by the City’s insurance carrier. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: City Council to authorize the Mayor to execute an Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale, LLC for continued representation of the City, the Planning and Zoning Commission, the Board of Adjustment & Appeals, Fairhope Utilities, and all related matters involving planning, zoning, real property, and any other general representation as requested by the City, as well as litigation that may or may not be covered by the City’s insurance carrier. BACKGROUND INFORMATION: Resolution No. 3876-20 was adopted on November 9, 2020, by the City Council to authorize Mayor Sullivan to execute an Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale, LLC which includes planning and zoning matters, general representation as requested by the City, and litigation that may or may not be covered by the City’s insurance policy. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various- 50280 Legal Fees TBD TBD TBD GRANT: Page 39 of 215 LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 40 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute an Engagement Letter for Professional Legal Services with Hand Arendall Harrison Sale, LLC for continued representation of the City, the Planning and Zoning Commission, the Board of Adjustment & Appeals, Fairhope Utilities, and all related matters involving planning, zoning, real property, and any other general representation as requested by the City, as well as litigation that may or may not be covered by the City’s insurance carrier. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 ________________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 41 of 215 Christopher S. Williams cwilliams@handfirm.com DIRECT 251 694 6233 / FAX 251 544 1601 December 2, 2024 VIA ELECTRONIC MAIL Mayor Sherry Sullivan City of Fairhope 161 North Section Street Fairhope, Alabama 36532 sherry.sullivan@fairhopeal.gov Re: Legal Representation of the City of Fairhope/Fairhope Utilities/ Fairhope Planning and Zoning Commission/Board of Adjustment Dear Mayor Sullivan: We appreciate the opportunity to provide professional legal services to the City of Fairhope (“City”). This Agreement confirms the engagement of Hand Arendall Harrison Sale LLC (“Firm”) and describes the basis upon which our Firm will provide legal services to the City moving forward. This Agreement supersedes any prior arrangement between the Firm and the City. Our services in all matters will be billed on an hourly basis as set forth below. The rates for litigation covered by the City’s insurance policy will be dictated by separate agreement between the Firm and the City’s insurance company and are not governed by this Agreement. This Agreement is for representation of the City, the Planning and Zoning Commission, the Board of Adjustment, Fairhope Utilities, and all related matters involving planning, zoning, real property, and any other general representation as requested by the City, as well as litigation that is not covered by the City’s insurance carrier. I will be the primary lawyer handling the litigation and representation of the City, along with other supporting lawyers from the Firm as necessary. Due to inflation and additional factors, we propose an hourly rate increase as follows to take effect immediately from the rates previously established for the City in 2020: Prior rate Increased rate Partner (e.g., Christopher S. Williams, Edward Rowe, Lisa Cooper): $240 $265 Senior Partner (e.g., Michael Niemeyer, Chris Gill): $290 Same Associate Attorneys: $185 $200 Paralegals $140 $160 The Firm will not charge the City for travel time, mileage, or other expenses associated with travel within Baldwin County or Mobile County. Page 42 of 215 Mayor Sherry Sullivan City of Fairhope December 2, 2024 Page 2 By this engagement, the City authorizes the Firm to retain experts and consultants necessary for litigation or as part of other legal services provided for the City and the Firm is authorized to execute engagement agreements with said experts after consultation with the City. Litigation expenses such as filing fees, deposition costs, copying costs, or expert witness fees will be billed directly to the City or will be advanced by the Firm and submitted for reimbursement with our monthly fee statements. We do not charge for long distance telephone calls or routine postage, and will incur no significant expense without first notifying the City. We will submit our fee and expense statements monthly, with payment due within thirty (30) days. Please indicate acceptance by the City to these terms by signing and returning this Agreement to me. If you disagree with anything in this letter, please let me know promptly. Again, thank you for the opportunity to serve the City of Fairhope, and we look forward to continuing to work with you. Sincerely, Christopher S. Williams For the Firm Agreed and Accepted: City of Fairhope By: Sherry Sullivan, Mayor City of Fairhope Page 43 of 215 Page 44 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-841 FROM:Kim Creech, CITY TREASURER SUBJECT:Resolution – That the City Council hereby authorizes the Council President to sign bank documents for Fiscal Year 2025. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: Adopt a Resolution authorizing Council President, Jackey O. Burrell, to sign all necessary bank documents such as the bank signature cards, bank resolutions, bank night depository agreements, and any other necessary supporting documents that must be updated, whether checking, savings, or other type accounts existing currently or in the future. BACKGROUND INFORMATION: The City Council authorizes the elected Council President to sign any necessary banking documents during their tenure. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $$$ GRANT: LEGAL IMPACT: Page 45 of 215 RESOLUTION NO. _____ WHEREAS, two signatures are required on all monetary transactions of the City of Fairhope; and WHEREAS, travel is sometimes required of the Mayor and of the Treasurer and provisions should be made to cover monetary requirements of the City in the absence of one or both; THEN, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, that all Financial Depositories where monies of the City are deposited, whether in checking, savings, or other type accounts, currently or in the future; be and hereby are advised that any two of the following signees are authorized to sign any monetary transaction between said Depositories and the City of Fairhope, Alabama. Attached is a list of all Depositories for the City of Fairhope; _____________________________________Sherry Sullivan, Mayor _____________________________________Jackey O. Burrell, Council President _____________________________________Lisa A. Hanks, City Clerk _____________________________________Kimberly W. Creech, City Treasurer BE IT FURTHER RESOLVED that Mayor Sherry Sullivan is hereby authorized to use computer generated signature for routine checks under Ten Thousand Dollars ($10,000.00). All monetary transactions must have at least one true signature. Sample: BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to all Depositories as authorization of and as a record of above signee signatures. ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _________________________________________ Jack Burrell, Council President Attest: _____________________________________ Lisa A. Hanks, MMC City Clerk -------------------------------------------------------------------------------------------------------------------------------------------- I certify this to be a true and correct copy of Res. No. _____ as adopted by the Governing Body in regular session on December 9, 2024. ______________________________________________________________________________________________ City Clerk Date Page 46 of 215 CITY OF FAIRHOPE DEPOSITORIES Truist Bank PNC Bank Regions Bank Smart Bank Page 47 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-823 FROM: Nicole Love, Grants Coordinator Richard Johnson, CITY ENGINEER SUBJECT: Grant Coordinator, Nicole Love, and City Engineer, Richard Johnson, are requesting the hiring of a Professional Grant Administrator for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for Professional Grant Administrator for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park, and authorizes the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: This project will provide Grant Administration services for the City for the Fiscal Year 2024 Community Project Funding (CPF) Grant to construct the Airport Industrial Park. Services will include the oversight and administration of the grant including submission of the grant application package, draw down requests for funds, required reporting and grant closeout documentation. Mayor Sullivan has selected Volkert, Inc. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 52040 Gen'l Gov - Grant Expense TBD TBD TBD GRANT: FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park LEGAL IMPACT: Page 48 of 215 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 49 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Grant Administration Services for (RFQ PS25-009) for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park to Volkert, Inc.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 50 of 215 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: November 25, 2024 Re: RFQ PS25-009 Professional Grant Administration Services for Airport Industrial Park (HUD Grant) The Grants Coordinator, Nicole Love, is requesting the hiring of a professional services firm to perform grant administration services for the FY2024 Community Project Funding (CPF) HUD Grant for the Airport Industrial Park. Per our Procedure for Procuring Professional Services, Nicole and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: • Grant Application • Grant Administration • Grant Closeout Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Volkert, Inc.. _____________ ___________ None. Submit another list Cc: file, Nicole Love, Mayor Sherry Sullivan Nov 25, 2024 Page 51 of 215 Memo to choose - Airport Ind Park Grant Administration (Hud) Final Audit Report 2024-11-25 Created:2024-11-25 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAFEqjo2TtJZW1WWDHTTa_nXGQ_bMSjfg4 "Memo to choose - Airport Ind Park Grant Administration (Hud)" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-11-25 - 6:37:10 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-11-25 - 6:37:43 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-11-25 - 7:15:35 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-11-25 - 7:18:33 PM GMT - Time Source: server Agreement completed. 2024-11-25 - 7:18:33 PM GMT Page 52 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-797 FROM: Stephanie Hollinghead, Chief Chris Ellis, Fire Chief Jeff Montgomery SUBJECT: Memorandum of Understanding between the Baldwin County Commission, the City of Fairhope, and the Fairhope Volunteer Fire Department regarding the shared use of certain communications infrastructure owned by Baldwin County Commission for the purpose of supporting an interoperable P-25 public safety communications system. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: That the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding between the Baldwin County Commission, the City of Fairhope, and the Fairhope Volunteer Fire Department regarding the shared use of certain communications infrastructure owned by Baldwin County Commission for the purpose of supporting an interoperable P-25 public safety communications system. BACKGROUND INFORMATION: Resolution No. 2310-14 adopted on December 18, 2014 was beginning of the MOU with Baldwin County Commission, City of Fairhope, and Fairhope Volunteer Fire Department. Resolution No. 2726-17 adopted on April 24, 2017 - MOU with Baldwin County Commission, City of Fairhope, and Fairhope Volunteer Fire Department; and expires on January 31, 2025. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $ $ $ GRANT: Page 53 of 215 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 54 of 215 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding between the Baldwin County Commission, the City of Fairhope, and the Fairhope Volunteer Fire Department regarding the shared use of certain communications infrastructure owned by Baldwin County Commission for the purpose of supporting an interoperable P-25 public safety communications system. Adopted on this 9th day of December, 2024 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 55 of 215 AGREEMENT REGARDING BALDWIN COUNTY INTEROPERABILITY COMMUNICATIONS SYSTEM FOR THE CITY OF FAIRHOPE AND THE FAIRHOPE VOLUNTEER FIRE DEPARTMENT This Agreement Regarding Baldwin County Interoperability Communications System for the City of Fairhope and the Fairhope Volunteer Fire Department(“Agreement”) is entered into as of the date of execution of this Agreement by the Chairman of the Baldwin County Commission by and between Baldwin County, Alabama, by and through the Baldwin County Commission, a political subdivision of the State of Alabama (the “Baldwin County Commission”), the City of Fairhope and the Fairhope Volunteer Fire Department(“COF and FVFD”) as and subject to the terms and conditions set forth below. WITNESSETH: Section 1. Purpose: This Agreement establishes the permission, guidelines, and requirements for the use of the Baldwin County Interoperability P25 700/800 MHz (sometimes referred to as the “System”) by the COF and FVFD. Section 2. Authority: Participation in this Agreement and permission to use the System requires the approval and authorization of the Baldwin County Commission and shall be managed by the Baldwin County Communications and Information Systems Department (“CIS”). Section 3. Applicability: This Agreement authorizes the use of Baldwin County Interoperability channels and radio frequencies by the COF and FVFD as approved and authorized by the Baldwin County Commission, in its discretion, based on recommendations by CIS. The Baldwin County Commission reserves the right to add or remove approved and authorized agencies, entities, or individuals. Section 4. Understanding: A. The Baldwin County Commission by and through the Baldwin County Communication and Information Systems Department (“CIS”) shall do the following: 1. Manage and maintain proper licenses for the use of the interoperability frequencies. Page 56 of 215 2. Manage and maintain an accurate database of federal, state, county and local government entities or agencies that have been approved and authorized to use the System. 3. Issue any talk groups, channels or subscriber IDs that will be used on the System. 4. The Baldwin County Commission shall have the authority to monitor proper usage of the Interoperability talk groups and channels, although the Baldwin County Commission and its departments, committees or employees shall not be liable for any content or misuse of the System. 5. Maintain the System’s operations, functionality, and upgrades, as deemed necessary for optimal performance of the System. B. COF and FVFD shall do the following: 1. Participate in Baldwin County communications planning for countywide communications interoperability as may be required by the Baldwin County Commission, by and through CIS. 2. Manage the proper usage of interoperability frequencies, talk groups and channels by its employees, ensuring compliance with any Federal, State, County or Local laws, ordinances, and rules. 3. Utilize the interoperability frequencies, talk groups and channels hereby authorized for their intended purpose of coordination between emergency first responders. 4. Use the interoperability frequencies, talk groups and channels for on-scene incident communications, as established by the on-scene Incident Commander and governed by any Federal, State, County or Local laws, ordinances, or rules. 5. Implement radio communications procedures consistent with National Incident Management Systems (NIMS) and Incident Command Systems (ICS). 6. Ensure that agency mobile, portable, and base radios intended for use by the agency for interoperability communications on the 700/800 MHz radio system are properly configured for the proper interoperability frequencies, talk groups and channels, as outlined by the Baldwin County Commission by and through CIS, and ensure that such radios are properly maintained and upgraded. Section 5. Procedures: The Baldwin County Commission reserves the right to adopt, change or amend any policies, procedures or rules related to the use of the System, and/or any provision of this Agreement, as deemed necessary, in its discretion, with or without the consent or approval of the COF and FVFD or and other entities or agencies. Such change or amendment shall become effective Page 57 of 215 immediately upon its adoption and approval by the Baldwin County Commission. Such change or amendment shall be provided to the COF and FVFD in writing. In the event the COF and FVFD disagrees or objects to such change or amendment, the COF and FVFD shall have the right to terminate this Agreement in accordance with Section 7. Section 6. Compensation: The COF and FVFD shall pay to the Baldwin County Commission the sum of $10.00 per month for each radio or communication device activated on the System. The CIS Department will verify on a monthly basis the number of radio or communication devices activated on the System for COF and FVFD. Payments shall be made on or before the February 1 of each year for all sums accrued each month through and including the date of payment. At the termination or expiration of this Agreement, all outstanding amounts owed shall be paid to the Baldwin County Commission within ninety (90) days of such expiration or termination. COF and FVFD shall be responsible for all costs of operation for each radio or communication device activated and/or used on the System, including, but not limited to, acquisition costs and costs associated with activation or deactivation of individual radios or communication devices. Section 7. Term and Termination: This Agreement shall be for a term of three years, unless otherwise terminated by the parties as set forth herein. Any party may cancel or terminate this Agreement by giving ninety (90) days written notice of such termination to the other party. In the event of such termination, the COF and FVFD shall pay the fees incurred through the date of termination, and the COF and FVFD shall bear the cost of separating from the System. Section 8. Disclaimer of Warranties: The Baldwin County Commission in no way warrants or guarantees, and expressly disclaims any warranties or guarantees for or related to, the services and/or equipment installed and/or serviced under this Agreement. Reasons that may affect, interrupt, cause failure or otherwise limit the use of such services and/or equipment include, but are not limited to, the following: a power outage, a fiber optic line cable being cut, equipment not configured properly, and/or any event above and beyond the Baldwin County Commission’s reasonable control, including, without limitation, any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to Baldwin County or any facilities used by or for Baldwin County, failure of internet, hosting, telecommunications, or other services to Baldwin County or facilities used by or for Baldwin County, natural disasters, acts of God, or acts of terrorism or war, or the lines not being compatible with the software and/or equipment used by the COF and FVFD. THE BALDWIN COUNTY COMMISSION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE Page 58 of 215 OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICES AND/OR EQUIPMENT WILL MEET THE REQUIREMENTS OF THE COF AND FVFD. Without limiting the foregoing, the Baldwin County Commission does not warrant that the services and/or equipment will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither Baldwin County nor its Commissioners, officers, directors, employees, representatives, affiliates, or agents will be liable for unauthorized access to Baldwin County’s or the COF and FVFD’s transmission facilities or premises equipment or for unauthorized access to, alteration, theft or destruction of, data files, programs, procedures or information through accident, fraudulent means, or equipment or any other method, regardless of whether such damage occurs as a result of the Baldwin County’s or its agent’s or vendor’s negligence. Statements and descriptions concerning the services and/or equipment are informational and are not given as a warranty of any kind. The Baldwin County Commission does not warrant or guarantee that the information sent, relayed, carried, or delivered through any third parties’ networks/services will reach its destination or its correct address or recipient, or that the details of the recipient or sender are correct or accurate. Baldwin County shall not be liable for, and shall be excused from, any failure to deliver or perform, or for any delay in delivery or performance of services due to causes beyond its reasonable control. Section 9. Hold Harmless: A. Indemnity and Hold Harmless. To the fullest extent allowed by law, COF and FVFD shall indemnify, defend and hold Baldwin County, its Commissioners, officers, directors, agents, employees and County Representatives (collectively referred to in Section 9 as “Baldwin County”) harmless from and against any and all claims, demands, liabilities, damages, losses, judgments, costs, and expenses including, without limitation, attorneys’ fees and costs, for any and all personal injury (including death) and property damage of any kind or nature whatsoever, incurred by or imposed upon Baldwin County or any County Representative, as a result of any entry upon or activity conducted by, or any act or omission of, COF and FVFD or any COF and FVFD representative, employee, agent, or subcontractor arising out of or related to this Agreement, including, but not limited to, the construction, maintenance, upgrade, repair or removal of any information or equipment from the property and/or facilities. Baldwin County does not and shall not waive any rights against the COF and FVFD which it may have by reason of this indemnification and hold harmless agreement. This indemnification and hold harmless agreement by the COF and FVFD shall apply to all damages, penalties and claims of any kind, regardless of whether any insurance policy shall have been determined to be applicable to any such damages or claims for damages. B. Further Liability. In no event or way will Baldwin County, its Commissioners, officers, directors, or County Representatives be liable for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages, or for any other damages, including, but not limited to, personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the services and/or the Page 59 of 215 equipment installed and/or serviced under this Agreement. The limitations set forth herein apply to claims founded in all areas, including, but not limited, to breach of contract, breach of warranty, and product liability, and apply whether or not Baldwin County was informed of the likelihood of any particular type of damages. Section 10. Legal Compliance: The COF and FVFD shall at all times comply with all applicable federal, state, county, local laws and regulations. The COF and FVFD agrees to use the services and/or equipment installed and/or serviced under this Agreement only for lawful purposes. The COF and FVFD will be responsible for any and all liability that may arise out of content transmitted by the COF and FVFD to any person, whether authorized or unauthorized, using the services and/or equipment. Section 11. Core Owners: Baldwin County Commission owns and operates, at its discretion, Zone 2 of the Alabama Inter- zone Radio System (AIRS). Baldwin County will provide best effort to accommodate the needs of other Core Owners and agencies across the State, but the Commission’s first priority will be to its local agencies. Section 12. Miscellaneous: A. This Agreement shall not be construed more strictly against one party than against the others merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both Baldwin County Commission and the COF and FVFD have contributed substantially and materially to the preparation of this Agreement. B. This Agreement embodies the entire agreement and understanding of the parties, and there are no further or prior agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. C. This Agreement may not be modified in any manner other than by an agreement as specified herein. D. This Agreement may be executed in any number or counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. This Agreement may be delivered by facsimile transmission. E. This Agreement shall be construed in accordance with and governed by the laws of the State of Alabama. F. If any part, section, or subdivision of this Agreement shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this Agreement, which shall continue in full force and effect notwithstanding such holding. Page 60 of 215 G. The headings or captions in this Agreement are for convenience only and shall not limit or otherwise affect the meaning hereof. H. COF and FVFD’s indemnity and hold harmless obligations under this Agreement shall survive expiration or termination of this Agreement. BALDWIN COUNTY COMMISSION: By: Matt McKenzie Its: Chairman Attest: By: Roger Rendleman As: County Administrator The City of Fairhope and The Fairhope Volunteer FD: By: Its: Attest: By: Its: Page 61 of 215 STATE OF ALABAMA COUNTY OF BALDWIN I, , a Notary Public, in and for said County in said State, hereby certify that Matt McKenzie, as Chairman of the Baldwin County Commission, and Roger Rendleman, County Administrator of the Baldwin County Commission, whose names are signed to the foregoing instrument and who are known to me, acknowledged before me and on this day that, being informed of the contents of said instrument, they, as such Chairman and County Administrator of the Baldwin County Commission, and with full authority, executed the same voluntarily on the day the same bears date for and as an act of said Baldwin County Commission. Given under my hand and seal this the day of , 2024. Notary Public, Baldwin County, Alabama My Commission expires: Page 62 of 215 STATE OF ALABAMA COUNTY OF I, , a Notary Public, in and for said County in said State, hereby certify that , as Mayor of the City of Fairhope, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me and on this day that, being informed of the contents of said instrument, he/she, as such Mayor and with full authority, executed the same voluntarily on the day the same bears date for and as an act of said the City of Fairhope. Given under my hand and seal this the day of , 2024. Notary Public, Baldwin County, Alabama My Commission expires: STATE OF ALABAMA COUNTY OF I, , a Notary Public, in and for said County in said State, hereby certify that , as Chief the Fairhope Volunteer Fire Department, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me and on this day that, being informed of the contents of said instrument, he/she, as such Chief of the Fairhope Volunteer Fire Department and with full authority, executed the same voluntarily on the day the same bears date for and as an act of said the Fairhope Volunteer Fire Department. Given under my hand and seal this the day of , 2024. Notary Public, Baldwin County, Alabama My Commission expires: Page 63 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-826 FROM: Chris Ellis, Fire Chief SUBJECT: The Fire Maintenance Supervisor, John Saraceno, and the Fire Chief, Chris Ellis, are requesting to procure a qualified contractor to provide labor and materials to replace the roof on Fire Station #1. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the award of this request for quotes for labor and materials to replace the roof on Fire Station #1 for the not-to-exceed project cost of $41,200.00. BACKGROUND INFORMATION: The Fire Maintenance Supervisor, John Saraceno, and the Fire Chief, Chris Ellis, are requesting to procure a qualified contractor to provide labor and materials to replace the roof on Fire Station #1. 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 Southern Steel Structures. The Fire Maintenance Supervisor requests approval to award the Request for Quote to Southern Steel Structures for the not-to-exceed cost of Forty-One ThousandTwo Hundred Dollars ($41,200.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 Fire - Capital Improvements $41,200.00 $41,200.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A Page 64 of 215 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 65 of 215 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 award of the Request for Quotes for Labor and Materials for the Roof Replacement for Fire Station #1 to Southern Steel Structures for a not-to-exceed project cost of $41,200.00. DULY ADPOTED ON THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 66 of 215 Page 67 of 215 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: John Saraceno Date: 11/13/2024 Department: Fire 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. Kemko steel buildings $ 51,635 2. Thomas Construction $ 119,079.00 3. Southern Steel Structures $ 41,200 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? Station roof replacement 2. What is the total cost of the item or service? 41,200 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Southern Steel Structures 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 39,500 3. Budget code: 50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 68 of 215 Page 69 of 215 Page 70 of 215 Page 71 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-799 FROM: SUBJECT: That Mayor Sherry Sullivan is hereby authorized to execute a contract with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $52,000.00 from Salaries 001360- 50040 to Temp Contract Labor 001360-50245. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: That Mayor Sherry Sullivan is hereby authorized to execute a contract with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41- 16-51. Authorize Treasurer to transfer $52,000.00 from Salaries 001360-50040 to Temp Contract Labor 001360-50245. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001360- 50245 Temp Contract Labor $0.00 Estimated $52,000.00 ($52,000.00) Authorize Treasurer to transfer $52,000.00 from Salaries 001360-50040 to Temp Contract Labor 001360-50245. GRANT: LEGAL IMPACT: Page 72 of 215 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 73 of 215 RESOLUTION NO. _____ 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 Long's Human Resource Services to supply temporary employees to supplement the existing workforce. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $52,000.00 from Salaries 001360-50040 to Temp Contract Labor 001360-50245. Adopted this 9th day of December, 2024 _____________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 74 of 215 Client Information Credit Application & Agreement Please return via FAX: (251) 943-8738 The following information will allow Long’s Human Resource Services to establish credit for your company and to better fulfill your staffing needs. Please complete and return. Thank you! I. COMPANY INFORMATION: Company Name:Federal ID#: D/B/A:In business since: Branch Name/Dept.:Branch Dept. Mgr.: Street Address, City and State: Electronic Billing Address(es) - (or Physical Billing Address, if different from above): Billing Attention:Main Phone:Main Fax #:Main E-mail: President or Owner:Business Description: HR Contact:HR Phone #: Accounting Contact:Accounting Phone #: Other Contacts: Name Title Phone # Ext. Type of business: ❒ Sole Proprietorship or Partnership (Please complete the Guaranty on Page 2) ❒ LLC ❒ Corporation ❒ Non-Profit ❒ Government Have you used a temporary service before? ❒ Yes ❒ No What are your ongoing personnel needs ❒ Clerical ❒ Light Industrial ❒ Medical ❒ Technical ❒ Special projects/peak seasons ❒ Direct hire ❒ Sick leave/maternity leave/vacations ❒ Software skills testing/training # of employees:Office Hours:Lunch Facilities: Dress Code: Directions: On the bus line: ❒ Yes ❒ No ❒ N/A Route Number (if applicable): How were you referred to Long’s? ❒ Newspaper ❒ Yellow Pages ❒ Internet ❒ Referral/Other: II. CREDIT REFERENCES: Name Phone Account # Contact Fax # or E-Mail Bank: Local Vendor: Local Vendor: Page 1 of 2 Page 75 of 215 III. AUTHORIZATION TO RELEASE INFORMATION AND ACCEPTANCE OF TERMS AND RESPONSIBILITIES Authorization is given to do a credit check on the above references. As part of this credit agreement we agree that the utilization of Long’s Human Resource Services employees will be through Long’s. If we desire to hire an employee we will notify Long’s of this intent. The employee will remain on Long’s payroll for a period of at least 520 work hours or we agree to pay the agreed upon percentage direct hire fee on the employee’s annual salary. Long’s payment terms are Net 20. We agree to pay a 1.5% late fee per month for invoices not paid within 20 days of the invoice date. First Name:Initial:Last Name: Signature:Title:Date: IV. GUARANTY: Guarantor below agrees that in the event of default in payment by the listed client company for a period of at least 30 days, Long’s shall be entitled to look to the undersigned immediately for such payment without the necessity of proceeding first against the corporation to collect any indebtedness incurred by the client. Both the client and the guarantor shall be responsible for reasonable attorney’s fees and costs incurred in said collection. If more than one person executes this application for credit and guarantee, their liabilities shall be joint and several. PRINCIPAL OWNERS AND/OR OFFICERS: First Name:Initial:Last Name: Present Home Address:Home Phone #: City:State: Zip Code: Signature:Title:Date: First Name:Initial:Last Name: Present Home Address:Home Phone #: City:State:Zip Code: Signature:Title:Date: First Name:Initial:Last Name: Present Home Address:Home Phone #: City:State:Zip Code: Signature:Title:Date: V. PREFERRED METHOD OF PAYMENT ❒ COMPANY CHECK ❒ CREDIT CARD ❒ OTHER: Please Note: Administrative Fee of 3% will be added to Credit Card Payments LONG’S CREDIT DEPARTMENT USE ONLY: Approved By: _______________ CREDIT LIMIT: ___________ DATE: __________ Recruiter/Department:________________ Page 2 of 2 Revised 03.19 Page 76 of 215 Client Safety Partnership Dear Valued Customer: As you are aware, the cost of worker’s compensation insurance is ever on the increase throughout the country. There are many factors contributing to these high costs, some of which we cannot directly control, but others we can – such as unnecessary injuries and loss of time caused by carelessness or unsafe working conditions. In an attempt to keep our rates as low as possible, provide you with the best service possible and provide a safe environment for our employees, we want to have a mutual understanding of safety and on-the-job injury procedures and practices. Therefore, in a combined effort we would like to work together with you on the following: • Our employees will only work on jobs for which they have been assigned. Any variance will be reported to our office before the work begins. • Our employees will be oriented/trained in all safety, hazardous communication and any operational instructions in the same manner as any other employee or as required by law. • Our employees will be required to wear any mandatory safety equipment. • We will be notified immediately in the event of any accident and/or injury to one of our employees. • We will coordinate appropriate medical treatment (unless it is an emergency). • You will notify us immediately in the event of any of our employees acting intoxicated or in a suspicious manner. • You will allow a qualified representative of our company to obtain a report on any injury to insure proper disposition of possible claims. These areas of agreement are intended to insure a safe and productive partnership and reduce liability to a minimum. ________________________________ LONG’S PERSONNEL SERVICES, INC. COMPANY NAME DBA: LONG’S HUMAN RESOURCE SERVICES, INC. _________________________________ ________________________________ By: Its Authorized Representative By: Jud Freeman, Vice President _________________________________ __________________________________ Date Date *Accepting employees on site will constitute agreement with this letter whether signed or not and is a condition of business. Revised 3/18 Page 77 of 215 INNOVATION RATES TEMPORARY PAY RATE $15.00/hr. - 19.00/hr BILL RATE - $22.50/hr-$28.50/hr PAY RATE MARKUP - 50% *Plus $0.10/hour surcharge for ACA insurance. Overtime paid and billed at time-and-a-half. EMPLOYEE CONVERSION – Employees are available for release after 720 hours for direct employment. LENGTH OF CONTRACT – Contract can extend up to two years. Page 78 of 215 1 | R e v O c t 1 0 , 2 0 2 4 T e m p o r a r y S t a f f i n g A g r e e m e n t Long’s Human Resource Services AGREEMENT FOR PROVIDING TEMPORARY STAFFING SERVICES This is an agreement (“Agreement”) made as of December 10, 2024, between Long’s Personnel Services, Inc., DBA: Long’s Human Resource Services, which has offices at 19 Midtown Park Drive West, Mobile, AL, 36606 and 123 West Camphor Ave, Foley, AL 36535 (called “Long’s”, “we”, “us”, or “our” in this Agreement) and City of Fairhope with offices located at 555 South Section Street, Fairhope, AL 36532 (called “you”, “yours” in this Agreement). 1. STATEMENT OF WORK / EQUAL EMPLOYMENT OPPORTUNITY You have requested that we supply certain persons to you on a temporary basis to supplement your work force. We will supply to you such temporary personnel as you may from time to time request to work under the direction and control of your supervisor. Long’s will not discriminate in its recruiting practices against any employee or applicant for employment because of race, color, religion, sex, national origin, disability, or Vietnam Veteran. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 2. EMPLOYEES TO BE SENT TO YOU We will only employ persons who meet your qualifications and are screened by Long’s. Long’s routinely requires employees to complete a drug screen, an Alabama state-wide criminal background check, an I-9 and employment confirmation. Other screening, i.e. M.V.R., national background check and Social Security confirmation, are available for a fee. 3. THE EMPLOYEES We are the employer of all the persons that we send to supplement your work force (hereafter called the “employees”). We will pay the wages of the employees, and we will be responsible for withholding all income and social security taxes from their wages and for paying workers’ compensation insurance premiums, state and federal unemployment insurance taxes, and employer’s share of social security taxes on their behalf. 4. ASSIGNMENT OF EMPLOYEES Long’s will assign qualified employees to the work site. Long’s will discipline and / or reassign employees to other sites if their production, attendance, and/or behavior are not acceptable. 5. SAFETY AND REGULATIONS We (the client) acknowledge that each Long’s employee is assigned on the basis of a particular job classification and is not to change job duties without prior approval from Long’s. We (the client) assure we will: provide a workplace which is free from recognized hazards that are likely to cause death or serious injury; conduct required safety training; and ensure that Long’s employees use any protective equipment necessary to perform the assignments safely. We assure that we, (the client) are in compliance with all laws, and regulations of duly constituted governmental bodies concerning Long’s employees and any other employees. Page 79 of 215 2 | R e v O c t 1 0 , 2 0 2 4 T e m p o r a r y S t a f f i n g A g r e e m e n t 6. ACCIDENT POLICY AND PROCEDURE You will be provided a copy of our accident plan outlining what to do in the event a Long’s employee is injured on the job. Long’s is required to perform an initial site walk-through before the initial placement and quarterly following the initial placement. 7. WORK WEEK, OVERTIME, AND HOLIDAYS The normal work week for each employee will coincide with Client Company’s work week. Overtime hours shall be defined as those hours worked in excess of forty (40) hours per week. Holiday pay for staffing employees are paid at the discretion of Client. If Client chooses to pay holidays for staffing employees, a list of approved holidays will be provided to Long’s. Non- worked holidays will be billed as a separate line item on the invoice and will not count towards hours worked in determining overtime for the week. Staffing employees who work on a holiday shall be paid according to the holiday pay structure used by the Client for their own staff, not to be less than time and one-half if total hours, including holiday, calculates to over 40 hours. 8. BILLING, PAYMENT AND TIME SHEETS Each employee’s hourly rate shall have an additional markup for all straight time hours, and billing for all overtime hours, added to it. For this amount we agree to cover all items referred to in Number 3. We will send you an invoice each week for all hours worked by the employees during the previous week, plus charges for any other properly billable items as approved by City of Fairhope. Terms are net 20 days. Since invoices are principally based upon the number of hours worked by the employees, we require each employee to submit a weekly record of hours worked during that week. This record is maintained on a time sheet, which is certified by the employee as being accurate. However, before the time sheet becomes valid for billing and payroll purposes it must be signed by your representative. When your representative signs an employee’s time sheet it verifies that the employee has worked, for you, the hours listed on the time sheet. It also indicates that we are authorized to bill you for those hours and that you will pay for those hours when the billing is rendered. Please retain a copy of all timesheets from Long’s for your verification records. 9. ACCOUNTING RECORDS We shall maintain complete and accurate accounting records in accordance with the accepted standard accounting practices to substantiate all charges. Such records shall include payroll records, attendance records, and / or summaries, and we shall retain such records for a period of not less than three (3) years from the date of final invoice. You reserve the right to audit our records to ensure compliance with contract. 10. DIRECT HIRE / TRY AND HIRE POLICY Our Direct Hire policy for employees that you wish to hire on a direct basis during the first thirty (30) days of employment there will be a fee for a percentage of the employee’s annual salary. Our Try and Hire program offers labor and/or clerical employees to you for a trial period. Once the employee has worked seven hundred and twenty hours (720) the employee can be released to your payroll at your request. Should you wish to offer employment to any Long’s employee during their trial period, the time will be prorated based on the number of hours already worked. Page 80 of 215 3 | R e v O c t 1 0 , 2 0 2 4 T e m p o r a r y S t a f f i n g A g r e e m e n t 11. TERMINATION OF THIS AGREEMENT Once this Agreement has been executed, you and we have agreed that either you or we can terminate it by giving thirty (30) days written notice of such termination to the other. Also, you and we have agreed that either you or we will have the option to terminate this Agreement immediately if the other materially breaches any of its provisions. 12. INSURANCE AND LIABILITY During the term of this Agreement, we will maintain the following insurance coverage: TYPE COVERAGE LIMITS a.Standard Workers’ Compensation Statutory b.Employee’s Liability $100,000 c.Comprehensive General Liability Bodily Injury Property Damage $1,000,000 $1,000,000 d.Comprehensive Automobile Liability Combined Single Limit Property Damage $1,000,000 Included e.Excess Umbrella Liability $4,000,000 f.Blanket Fidelity Bond $ 500,000 g.City of Fairhope named as additional insured in General Liability, with a waiver of subrogation for those claims or losses proximately caused by the fault or negligence of Long’s. To the extent permitted by law and insurance coverage’s Long’s agrees to defend, indemnify, and hold City of Fairhope harmless of and from any and all claims or losses that City of Fairhope actually incurs (including reasonable attorney’s fees) proximately caused by the fault, negligence, gross negligence, or recklessness of Long’s, or Long’s officers, employees, or authorized agents, or which arise from Long’s breach of this Agreement. Due to the mandatory Health Care Reform Bill, our multiplier could be subject to change depending on the results of the cost to implement this act. To the extent permitted by law, City of Fairhope agrees to defend, indemnify, and hold Long’s harmless against any and all claims, losses, and liabilities that Long’s incurs (including reasonable attorney’s fees agreed upon by City of Fairhope) that are proximately caused by the fault, negligence, gross negligence, or recklessness City of Fairhope, or City of Fairhope’s officers, employees, or authorized agents, or which arise from City of Fairhope breach of this Agreement. As a condition precedent to indemnification hereunder, the parties each agree to inform the other within 7 business days of its receipt of any claim, demand, or notice for which indemnification hereunder may be sought, and to cooperate in the investigation and defense of any such claim, demand, or notice. We will respond to a claim for damages resulting from a criminal act only in the event you successfully prosecute our employee. Page 81 of 215 4 | R e v O c t 1 0 , 2 0 2 4 T e m p o r a r y S t a f f i n g A g r e e m e n t 13. CONFIDENTIAL INFORMATION We recognize that the employees who are assigned to your premises may have access to certain information which you consider to be proprietary and confidential. We will require each of the employees to treat this information as confidential and to agree not to disclose it to any third person. Proprietary and/or confidential information does not include any of the following: a. information which, at the time of disclosure, is generally available to the public; b. information which, after disclosure, becomes generally available to the public by publication or otherwise; c. information which was in the employee’s possession prior to disclosure hereunder and which was not acquired directly or indirectly from you; d. information which we or the employees receive after the time of disclosure e. hereunder from a third party imposing no obligation of confidentiality and who did not f. acquire any such information directly or indirectly from you; and g. information as may be authorized by you to be disclosed. 14. RIGHT TO KNOW LAWS You represent that those persons who we will send to work at your premises will not be exposed to any hazardous chemicals (as defined by the OSHA Hazard Communication Standard or any applicable state/local “right to know” law) under normal operating conditions or any foreseeable emergencies. If this is not presently the case, or if this changes in the future, you agree to immediately give us written notification so that you and we may take any appropriate precautions required by the OSHA Hazard Communications Standard or any applicable state/local “right to know” law. 15. WAIVER The failure of either you or us to enforce at any time, or from time to time, any provisions of this Agreement shall not be construed as a waiver thereof. 16. AMENDMENT This Agreement may be amended only by a written agreement between you and us that expressly amends, terminates or supersedes this Agreement. 17. VALIDITY OF TERMS If any term or provision of this Agreement shall be held void, illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions of this Agreement shall not be affected. Page 82 of 215 5 | R e v O c t 1 0 , 2 0 2 4 T e m p o r a r y S t a f f i n g A g r e e m e n t 18. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and us and no other understanding which modifies the terms hereof shall be binding unless made in writing and signed by authorized representatives of both you and us. Intending to be legally bound, this Agreement is executed by authorized representatives of both parties hereto. City of Fairhope By: ________________________________ Its: ________________________________ Date: ______________________________ LONG’S PERSONNEL SERVICES, INC. dba: Long’s Human Resource Services By:_________________________________ Elizabeth D. Freeman, President Date: ______________________________ Page 83 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-798 FROM:George Ladd , PUBLIC WORKS DIRECTOR SUBJECT:That certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: Adopt Resolution that certain items are declared surplus and the Mayor and the City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope by one of the three methods listed on the resolution. 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 84 of 215 RESOLUTION NO. _____ 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: •Asset #01113 (Recreation) – 2006 Ford F-250 (1FTSX20536EA68574) 103,192 Miles •Asset #03083 (Recreation) – Kubota ZD28 Mower (61378) for parts (bad engine) •Billy Goat Blower – Unknown Asset #, not running •Robinaire R134a Refrigerant Machine (Pecan Building) •Industrial Upright Grinder (Pecan Building) •5 Pallets – Miscellaneous New Equipment Parts from Discontinued Assets (Pecan Building) •Assorted Used Parts including a Brush Guard w/Wench, International Bumper, 2 Rear Hitches, and a Landing Gear Set 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 one of the following methods: a. Receiving bids for such property (“via GovDeals”). All such property shall be sold to the highest bidder, provided, however, that the City Council shall grant the authority to the Mayor to reject all bids when, in her opinion, she deems the bids to be less than adequate consideration for the personal property. b. Sold for scrap or recycle at the highest offered value. c. Disposal via landfill. ADOPTED AND APPROVED THIS 9TH DAY OF DECEMBER, 2024 __________________________________ Jack Burrell, Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk Page 85 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-813 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, has requested Change Order No. 1 for the contract with Asphalt Services, LLC. for Bid No. 24-045-2024- PWI-009 Resurfacing of Section Street from Fels Avenue to Bayou Drive. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve Change Order No. 1 for Bid No. 24-045-2024-PWI-009 Resurfacing of Section Street from Fels Avenue to Bayou Drive and authorize the Mayor to execute the Change Order No. 1 for $5,377.77. BACKGROUND INFORMATION: Previous Council Action: The contract award for Bid No. 24-045-2024-PWI-009 Resurfacing of Section Street from Fels Avenue to Bayou Drive to Asphatl Services, Inc. was approved on May 28, 2024, Resolution No. 5074-24, for $552,287.47. Change Order No. 1 is missed quantities correction. In the original Unit Quantities of the Bid for Additive Alternate Line No. 7 - Traffic Control Markings, Class 2, Type A (Thermoplastic/Reflective) there was a "Bust" in the listed (projected) quantity. 75 square feet was listed and bid upon when the quantity was significantly more on these two blocks of Magnolia Avenue. The actual quantity required to complete the traffic marking was 1,372 Square Feet. At a unit price of $8.00/SF, this represents a significant cost differential of $10,375.97. However, in other quantities, there were underruns and resultant cost savings. To close out the project and release the retainage, an additional $5,377.77 must be appropriated to the contract. The Change Order No. 1 cost is Five Thousand Three Hundred Seventy-Seven Dollars and Seventy-Seven Cents ($5,377.77). This change order will bring the total contract cost to Five Hundred Fifty-Seven Thousand Six Hundred Sixty-Five Dollars and Twenty- Four Cents ($557,665.24.). This represents a contract change of 1%. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 86 of 215 103-55856 City Wide Street Resurf/Misc $0.00 $5,377.77 ($5,377.77) 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 87 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for (Bid No. 24-045-2024-PWI-009) Resurfacing of Section Street from Fels Avenue to Bayou Drive with a cost of $5,377.77; and to award Change Order No. 1 to Asphalt Services Inc. The new contract total will be $557,665.24. ADOPTED ON THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 88 of 215 CHANGE CITY OF FAIRHOPE ORDER REQUEST OWNER: CITY OF FAIRHOPE ARCHITECT/ENGINEER: Richard D. Johnson, PE – Public Works CONTRACTOR: Asphalt Services Inc. PROJECT: 2024-PWI 009 Section Street Resurfacing in the CBD CHANGE ORDER REQUEST NO. #1 DATE: November 12, 2024 1. DESCRIPTION OF CHANGE: In the original Unit Quantities of the Bid for Additive Alternate Line No. 7 – Traffic Control Markings, Class 2, Type A (Thermoplastic/Reflective) there was a “Bust” in the listed (projected) quantity. 75 Square Feet was listed and bid upon when the quantity was significantly more on these two blocks of Magnolia Avenue. The actual quantity required to complete the traffic marking was 1,372 Square Feet. At a unit price of $8.00/SF this represents a significant cost differential of $10,375.97. However, in other quantities there were underruns and resultant cost savings. To close out the project and release the retainage, an additional $5,377.77 must be appropriated to the contract. 2. CHANGE ORDER COSTS: $5,377.77 (Not to Exceed) Proposal Attached See Attached Cost Estimated/Proposal Item Quantity Material Unit Price Labor (Hours) Labor Unit Price Sub-Total Cost a. Traffic Control Markings, Class 2, Type A 672.22 $8.00 Inc Inc $5,377.77 b. c. d. TOTAL: $5,377.77 3. INSTITUTED BY: Richard D. Johnson, PE (Project Engineer & Owner’s Representative) 4. JUSTIFICATION OF NEED: This is just a missed quantities correction. The plans showed all required traffic markings on these two blocks of Magnolia Avenue. The Road Contractor striped and marked the road per the plans and with the specified materials. The actual quantities have been field-verified by City ROW & Construction Inspectors. The City is required to pay for the actual quantities received in the work product. Page 89 of 215 5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: This is a material, equipment and labor included in the bid quantity project. Only the magnitude of work items (quantity) changed, all cost increases are based on competitively bid prices for Public Works Projects. 6. COSTS REVIEW: Quantities of bid materials as well as all field conditions that precipitated material increases have been field verified. Since all work quantities were competitively bid, costs are within the parameter of the Contract Documents. This represents a 1% increase in contract amount. 7. THIS CHANGE ORDER IS SUBMITTED FOR REVIEW AND APPROVAL AND IS CLASSIFIED AS THE FOLLOWING TYPE: Minor change of a total monetary value less than required for competitive bidding. Changes for matters relatively minor and incidental to the original contract necessitated by unforeseeable circumstances arising during the course of work. Emergencies arising during the course of work. Change or alternates provided for in the original bidding where there is no difference in price of the Change Order from the original best bid on the Alternate. Change of relatively minor terms not contemplated when the plans and specifications were prepared and the Project was bid and which are in the public interest and do not exceed 10% of the Contract Price. 8. EXTENSION OF TIME REQUESTED: Calendar Days: 21 RECOMMENDED: APPROVED: BY: N/A BY: See Attached Schedule of Values Project Engineer Contractor BY: N/A BY: N/A Utility Representative OWNER’s Legal Advisor BY: OWNER’s Authorized Representative X X Page 90 of 215 Page 91 of 215 Page 92 of 215 Page 93 of 215 RESOLUTION NO. 5074-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1]That the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-045-2024-PWI-009) for Resurfacing of Section Street from Fels Avenue to Bayou Drive 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: Please see attached Bid Tabulation (Bid No. 24-045-2024-PWI-009) Resurfacing of Section Street from Fels Avenue to Bayou Drive [3]After evaluating the bids with required specifications, Asphalt Services, Inc. is now awarded (Bid No. 24-045-2024-PWI-009) for Resurfacing of Section Street from Fels Avenue to Bayou Drive for the Public Works Department with a bid proposal not-to-exceed $552,287.47. DULY ADOPTED THIS 28TH DAY OF MAY 2024 Attest: Page 94 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-814 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to procure a pest control services annual contract for City owned/leased locations. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the award of a Pest Control Annual Contract for an annual contract amount of $10,530.48. BACKGROUND INFORMATION: A service bid was issued on October 18, 2024 and posted to the City of Fairhope’s website. Three (3) responsive bids and three (3) non-responsive bids were received at the bid opening on November 12, 2024 at 11:00 a.m. The lowest received bid was from Wayne's Pest Control Services, LLC. Wayne's Pest Control Services, LLC Low bid cost included: Annual Cost of Contract for 58 current locations: $10,379.64 Annual Cost for John Martin Nature Center: $146.76 Annual Cost for Flying Creek Nature Center Restrooms: $4.08 Total Annual Cost: $10,530.48 Additionally, the following costs were submitted: Additional Locations Price per Square Foot: $0.0022 Termite Treatment for Trees: $100.00 per tree ("As Needed" basis) Our recommendation is to award this bid to Wayne's Pest Control Services, LLC for the annual cost of Ten Thousand Five Hundred Thirty Dollars and Forty-Eight Cents ($10,530.48). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Various - 50360 General Maintenance $10,530.48 $10,530.48 $0.00 Page 95 of 215 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 96 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Pest Control Annual Contract Rebid (Bid Number (25-008) for the City of Fairhope. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Pest Control Annual Contract [3] After evaluating the bid proposals with the required bid specifications, Wayne’s Pest Control Services, Inc., with a total bid proposal for an annual cost not to exceed $10,530.48, is now awarded the bid for Pest Control Annual Contract Rebid for the City of Fairhope. Adopted on this 9th day of December, 2024 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 97 of 215 Page 98 of 215 Page 99 of 215 Page 100 of 215 Page 101 of 215 Page 102 of 215 Page 103 of 215 Page 104 of 215 Page 105 of 215 Page 106 of 215 Page 107 of 215 Page 108 of 215 Page 109 of 215 Page 110 of 215 Page 111 of 215 Page 112 of 215 Page 113 of 215 Page 114 of 215 Page 115 of 215 Page 116 of 215 Page 117 of 215 Page 118 of 215 Page 119 of 215 Page 120 of 215 Page 121 of 215 Page 122 of 215 Page 123 of 215 Page 124 of 215 Page 125 of 215 Page 126 of 215 Page 127 of 215 Page 128 of 215 Page 129 of 215 Page 130 of 215 Page 131 of 215 Page 132 of 215 Page 133 of 215 Page 134 of 215 Page 135 of 215 Page 136 of 215 Page 137 of 215 Page 138 of 215 Page 139 of 215 Page 140 of 215 Page 141 of 215 Page 142 of 215 Page 143 of 215 Page 144 of 215 Requestor:George Ladd CITY OF FAIRIIOPE P U RC HA,SMTG D E PART M E IY T PROJECT REQUEST FORM Department: PublicWorks Project Name: Pest Control Contract Project Description: Pest Control For City Builds & Facilities Project Category: X Bid Budget Amount: Budgeted for Current FY: X Yes Professional Service Other: Budget Code: No BID INFORMATION Bid Duration: Engineer of Record: Pre-Bid Meeting: Project Duration: Scope of Work Provided By: Project Manager: I nsurance Requirements: Bonds: Related Bids/RF's _ No _ Yes _ Mandatory _ Non-Mandatory Contract Extensions: No Yes Minimum Maximum Performance c Labor & Materials FORCE ACCOU NT I NFORMATION Force Account Project: Notes: No I Yes Estimated Amount:Budget Code: SIGNATURES Senior Accountant: Mayor: 555 S Section Street / Fairhope, Alobama 36532 257.928.8003 (p) / www.FairhopeAL.gov coF-PUR-00i 09132L Page 145 of 215 Project Request - Pest Control Annual Contract Rebid Final Audit Report 2024-08-22 Created:2024-08-16 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAtdtSxMwfo92aC4WYxGqXCUTi_vNLTXuM "Project Request - Pest Control Annual Contract Rebid" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-08-16 - 7:47:50 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-08-16 - 7:50:21 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-08-21 - 6:18:06 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-08-21 - 6:18:25 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-08-21 - 6:18:27 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-08-21 - 10:32:29 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-08-21 - 10:32:30 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-08-22 - 1:29:46 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-08-22 - 1:30:19 PM GMT - Time Source: server Agreement completed. 2024-08-22 - 1:30:19 PM GMT Page 146 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-815 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, is requesting the procurement of Professional Engineering and Surveying Services to perform design services for the Bon Secour at Grand Drainage Project. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for Professional Engineering and Surveying Services to perform design services for the Bon Secour at Grand Drainage Project. and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, is requesting the procurement of Professional Engineering and Surveying Services to perform design services for the Bon Secour at Grand Drainage Project. The proposed scope of work shall include: • Topographic Survey of the existing drainage and surrounding areas. • Design plan, specifications and material quantities for the drainage improvements. • Coordination of the project advertisement, bid package and plans, tabulation of the received bids, and recommendation of contractor for award. This also includes coordination of the contract signatures, project submittal reviews, and Pre-Construction meeting between City, Contractor, and Engineer. Mayor Sullivan has selected Sawgrass Consulting, LLC. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget TBD TBD TBD Page 147 of 215 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 148 of 215 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection of Sawgrass Consulting, LLC to perform Professional Surveying and Engineering Services for the Bon Secour at Grand Drainage Project (RFQ PS25-0008); and hereby authorizes Mayor Sherry Sullivan to negotiate a fee schedule and establish a not-to-exceed limit with this firm. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 149 of 215 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: November 19, 2024 Re: RFQ PS25-008 Professional Surveying and Engineering Design Services for the Bon Secour at Grand Drainage Project The City Engineer, Richard Johnson, is requesting the hiring of a professional engineering firm to perform design services for the Bon Secour at Grand Drainage Project. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: • Topographic Survey of the existing drainage and surrounding areas. • Design plan, specifications and material quantities for the drainage improvements. • Coordination of the project advertisement, bid package and plans, tabulation of the received bids, and recommendation of contractor for award. This also includes coordination of the contract signatures, project submittal reviews, and Pre-Construction meeting between City, Contractor, and Engineer. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Sawgrass Consulting, LLC. _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Nov 19, 2024 Page 150 of 215 Memo to choose - Bon Secour at Grand Drainage Project Final Audit Report 2024-11-19 Created:2024-11-19 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAJWgP8NY8qhKb5dLkbsKx7Xn0e6OH6O_g "Memo to choose - Bon Secour at Grand Drainage Project" Histo ry Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-11-19 - 5:00:36 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-11-19 - 5:01:11 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-11-19 - 5:09:13 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-11-19 - 5:10:15 PM GMT - Time Source: server Agreement completed. 2024-11-19 - 5:10:15 PM GMT Page 151 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-821 FROM: Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The City Engineer, Richard Johnson, and the Director of Public Works, George Ladd, are requesting to approve the award of the Request for Quotes for Labor and Materials for Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement to Roof Doctor of Alabama, Inc. for a not-to-exceed cost of $34,475.00. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, and Director of Public Works, George Ladd, are requesting approval for the procurement of labor and materials for Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement. 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 twelve (12) qualified contractors. The lowest quote was from Roof Doctor of Alabama, Inc. The Director of Public Works requests approval to award the Request for Quote to Roof Doctor of Alabama, Inc. for the not-to-exceed cost of Thirty-Four Thousand Four Hundred Seventy-Five Dollars ($34,475.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50475 Line 20 Public Works - Capital Improvements $40,000.00 $34,475.00 $5,525.00 Page 152 of 215 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 153 of 215 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 award of the Request for Quotes for Labor and Materials for the Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement to Roof Doctor of Alabama, Inc. for a not-to-exceed project cost of $34,475.00. DULY ADPOTED ON THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 154 of 215 Public Utilities/Works Complex Recycle Drop Off/PW Administration Building Roof Replacement City of Fairhope Public Works Project No. 2025-PWI-017 Bid Tabulation Vendor New Roof System (Lump Sum Quote) Professional Roofing and Construction $50,683.00 Roof Doctor of Alabama, Inc.$34,475.00 Mad Dash Inc. d/b/a Southern Steel Structures $37,397.00 Page 155 of 215 Upon Completion All payments are expected to be made no later than 10 daysafter invoice. Payment options are check or credit cards. 11-18-2024City of Fairhope Public Works 555 South Section St. Fairhope, AL 36532 Remove existing metal, insulation, gutters & downspouts Install 26 gauge R-panel (Galvalume) Install all flashings necessary Install approx. 120' of gutters & approx. 70' downspouts Clean & haul away all job related debris 25 year material warranty 5 year workmanship warranty 34,475.00 Install new 3" Vinyl R10 insulation Page 156 of 215 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: George Ladd Date: 11/25/2024 Department: Public Works Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Roof Doctors of Alabama $ 34,475.00 2. Mad Dash Inc d/b/a Southern Steel Structures $ 37,397.00 3. Professional Roofing and Construction $ 50,683.00 Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Recycle / PW Administration Building Roof Replacement 2. What is the total cost of the item or service? $34,475.00 3. How many do you need? One 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Roof Doctor of Alabama 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? $40,000.00 3. Budget code: 001350-50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 157 of 215 Recycle Drop Off/PW Administration Building Roof Replacement City of Fairhope Public Works Project No. 2025-PWI 017 Bid/Quote Response: New Roof System (Lump Sum Quote) $ Contractor Name: Address: City: State: Zip: Contact Name: Phone: This is a Request for Quotes. Please read the following carefully: 1. All quotes are due by Friday, November 22, 2024, by 2:00 P.M. 2. This Quote (this sheet) shall be submitted by either: a. Email: purchasing@fairhopeal.gov b. Mail or Dropoff: Purchasing Department 555 S. Section St. Fairhope, AL 36532 3. This quote shall be valid for 45-days and price shall be locked in at issuance of the Purchase Order 4. At the time of award (issuance of Purchase Order) the selected Contractor will be required to provide proof of all licenses, insurance and other required compliance documents. 5. Enclosed plans and quantities are "good faith" estimates only. Prior to submitting quotation contractor should field measure and verify all quantities. To schedule a site visit contact Natalie Fonseca, Public Works Administrative Assistant, 251-928-8003 or natalie.fonseca@fairhopeal.gov 6. Quotes will be treated and considered as "lump sum" bids for all described work. 7. Only one pay request will be accepted and processed upon final acceptance of work. 8. Questions, inquiries and requests for clarification should be directed to George Ladd, Director of Public Works: Phone - (251) 928-8003; Email George.ladd@fairhopeal.gov Signature for the Company Email Date Professional Roofing and Construction 216 E I-65 Service Road N Mobile Alabama 36607 Jerry Jackson 251-680-7500 jerryprorc@gmail.com 11/11/2024 50,683.00 Page 158 of 215 Recycle Drop Off/PW Administration Building Roof Replacement City of Fairhope Public Works Project No. 2025-PWI 017 Bid/Quote Response: New Roof System (Lump Sum Quote) $ Contractor Name: Address: City: State: Zip: Contact Name: Phone: This is a Request for Quotes. Please read the following carefully: 1. All quotes are due by Friday, November 22, 2024, by 2:00 P.M. 2. This Quote (this sheet) shall be submitted by either: a. Email: purchasing@fairhopeal.gov b. Mail or Dropoff: Purchasing Department 555 S. Section St. Fairhope, AL 36532 3. This quote shall be valid for 45-days and price shall be locked in at issuance of the Purchase Order 4. At the time of award (issuance of Purchase Order) the selected Contractor will be required to provide proof of all licenses, insurance and other required compliance documents. 5. Enclosed plans and quantities are "good faith" estimates only. Prior to submitting quotation contractor should field measure and verify all quantities. To schedule a site visit contact Natalie Fonseca, Public Works Administrative Assistant, 251-928-8003 or natalie.fonseca@fairhopeal.gov 6. Quotes will be treated and considered as "lump sum" bids for all described work. 7. Only one pay request will be accepted and processed upon final acceptance of work. 8. Questions, inquiries and requests for clarification should be directed to George Ladd, Director of Public Works: Phone - (251) 928-8003; Email George.ladd@fairhopeal.gov Signature for the Company Email Date 37,397.00 MAD DASH INC d/b/a SOUTHERN STEEL STRUCTURES 2210 MAIN STREET, STE G DAPHNE AL 36526 LINDA C SANSOM 251-402-7318 STEELBLDGLADY@AOL.COM 11/21/24 Page 159 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-817 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, has requested to procure a qualified firm to provide professional engineering services for the installation of a 24" water line from WTP #2 to CR13 along Fairhope Ave. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the negotiated fee schedule for RFQ PS25-002 Professional Engineering Services for the Installation of a 24" Water Line from WTP #2 to CR13 Along Fairhope Ave. and authorize the Mayor to execute a contract for the not-to-exceed amount of $305,000.00. BACKGROUND INFORMATION: The City Council approved the selection of Krebs Engineering as the result of RFQ PS25-002 Professional Engineering Services for the Installation of a 24" Water Line from WTP #2 to CR13 Along Fairhope Ave. and approved the Mayor to negotiate the contract fee schedule. The negotiated engineering services fees for this project are as follows: A. Preliminary Services B. Engineering Design Services C. Bid Period Services D. Construction Review Services Deliverables: • Periodic project status reports to the City • Two (2) hard copy sets and one (1) complete electronic set of Contract Documents. • Certified Bid Tabulation. • Recommendation letter regarding award of construction contract. • Three (3) sets of construction contract documents for execution. • "Punch list" of items of work, if any, to be corrected by the Contractor. • One set of specifications with all addenda. • One (1) complete electronic set of record documents . Page 160 of 215 • GIS shape files of the improvements. The Mayor and Superintendent of Water/Wastewater would like to establish a not-to- exceed amount for Professional Engineering Services of Three Hundred Five Thousand Dollars ($305,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-130 Water - Sys Imprv Distribution $305,000.00 $305,000.00 $0.00 Engineering costs represents less than 10% of overall project cost. 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 161 of 215 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for Professional Engineering Services for (RFQ PS25-002) for the Installation of a 24" Water Line from WTP #2 to CR13 Along Fairhope Ave. with a not-to-exceed contract amount of $305,000.00. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 162 of 215 1040 Stanton Road, Bldg. II, Suite A&B Daphne, AL 36526 P 251.309.9085 KrebsEng.com BIRMINGHAM DAPHNE HUNTSVILLE MONTGOMERY NEWNAN November 22, 2024 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: RFQ PS25-002 – Fairhope Avenue 24-Inch Water Transmission Main – Proposal Letter Krebs Project No. 24304 Dear Daryl: Krebs Engineering, Inc. (Krebs) is pleased to present this proposal to the City of Fairhope (City) for professional engineering services associated with the Fairhope Avenue 24-Inch Water Transmission Main project. The project will consist of approximately 7,000 linear feet of 24-inch water transmission main (WTM) along Fairhope Avenue from the existing 24-inch WTM in the vicinity of Water Treatment Plant No. 2 and continue to the intersection of Fairhope Avenue and County Road 13. Additionally, Krebs will include an additive alternate to extend the new 24 -inch WTM to Water Treatment Plant No. 1. SCOPE OF SERVICES A. Preliminary Services 1. Field reconnaissance 2. Consultation with the City 3. Site Survey 4. Discussions with the appropriate entities having jurisdiction 5. Hydraulic modeling as required 6. Identification and evaluation of alternatives 7. Permitting B. Engineering Design Services 1. Translation of survey maps into working drawings 2. Design of WTP improvements and modifications 3. Preparation of Contract Documents 4. Preparation of estimates of probably construction cost 5. Review of Contract Documents with the City 6. Furnish to agencies having jurisdiction the number of sets of Contract Documents required for their review 7. Preparation of the necessary applications for approval to construct the proposed facilities from such agencies Page 163 of 215 Mr. Daryl Morefield November 22, 2024 Page 2 8. Design review meetings as required 9. Furnish deliverables to the City C. Bid Period Services 1. Advertise the project as required by the City. 2. Email the "Advertisement for Bids" to those contractors engaged in the type of construction work described herein to maximize the interest to bid on the project. 3. Issue Contract Documents to those contractors requesting such. 4. Furnish a representative for attendance at the pre-bid conference. 5. Furnish a representative to attend the bid opening. 6. Tabulate, evaluate, and certify the bids received. 7. Evaluate the bid pricing and make a recommendation to the City. 8. Prepare construction Contract Documents for execution by the City and the Contractor to whom the award is made. 9. Review all sets of executed documents for completeness of forms and required attachments. 10. Furnish a representative for attendance at the pre-construction conference. D. Construction Review Services 1. Provide the location of horizontal and vertical control (reference points and benchmarks) for the Contractor to use in his layout of the work. 2. General review of the work is done by an engineer or field representative, who will make periodic reviews at the work site as the project's construction progresses. 3. Review and forward to the City a copy of each reviewed shop drawing, equipment drawing, material specification, laboratory test report, shop and mill test report submitted by the Contractor. 4. Report any observed deviations from the intent of the Contract Documents to the City and recommend to the City any appropriate action to take. 5. Conduct progress meetings as required to ensure the project progresses as it should. 6. Review and present to the City for payment the Contractor's periodic and final estimates of work performed on the project. 7. Upon completion of the work, prepare a "punch list" of items of work, if any, to be corrected by the Contractor. 8. Coordinate with the Contractor to correct any items of work required to complete the project in substantial accordance with the intent of the Contract Documents. Page 164 of 215 Mr. Daryl Morefield November 22, 2024 Page 3 9. Preparation of Record Drawings. E. Deliverables Krebs will provide the following deliverables to the City: 1. Periodic project status reports to the City. 2. Two (2) hard copy full-size sets of the Contract Documents. 3. One (1) complete electronic set of the Contract Documents in PDF format. 4. One (1) certified bid tabulation. 5. One (1) recommendation letter regarding the award of the construction contract . 6. Three (3) sets of construction contract documents for execution . 7. One (1) “punch list” of items of work, if any, to be corrected by the Contractor. 8. One set of specifications complete with all addenda. 9. One (1) complete electronic set of record documents in PDF format . 10. GIS shape files of the improvements. F. Services Not Provided 1. Full time onsite Field Representative during the Construction Period. 2. Easement surveys and/or legal descriptions for the necessary easements. 3. Materials Testing services including, but not limited to: Mill, shop and laboratory testing for metallurgical, chemical, and physical characteristics of materials, coatings, welds, and manufactured/fabricated articles or equipment. 4. Miscellaneous Surveys/Assessments/Studies services include but are not limited to, surveys/assessments/studies related to cultural or historical artifacts or remains, endangered animal or vegetative species, wetland delineation or identification, population or economic status, traffic volumes, environmental conditions, or preparation of environmental impact statements. 5. Construction materials testing including, but not limited to: concrete compressive strength, compaction, etc. 6. Litigation services include but are not limited to: Preparation for or appearances before courts or boards on litigation related to the work, except when related to negligent errors and/or omissions by Krebs. COMPENSATION Fees for Items A through E above will be determined based on time charges, direct job expenses, and sub-consultant expenses, which will be paid to Krebs as compensation. Page 165 of 215 Mr. Daryl Morefield November 22, 2024 Page 4 Time charge-based compensation will be computed using the Krebs Standard Hourly Billing Rates/Charges (attached), which are in effect when services are rendered. These time charges plus direct job and sub-consultant expenses will not exceed Three-Hundred Five Thousand dollars and no cents ($305,000.00), resulting in an approximate total project cost of $3,800,000.00. The estimated construction cost for the work described herein is approximately $3,495,000.00. If you have any questions regarding this proposal, please contact us. Sincerely yours, Krebs Engineering, Inc. By____________________________ Caleb L. Leach, P.E. Associate cc: Rob Vaughan; Mark Smith Krebs File No. 24304 Page 166 of 215 Page 167 of 215 PRF - Eng - 24 in Water Line from WTP 2 Final Audit Report 2024-10-03 Created:2024-10-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAZXoWVIT-9wYAmB7cm_RN9j_nuTmz8ykc "PRF - Eng - 24 in Water Line from WTP 2" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-10-02 - 2:05:28 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-10-02 - 2:05:59 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-10-03 - 1:29:29 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-10-03 - 1:30:09 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-10-03 - 1:30:09 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-10-03 - 1:44:08 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-10-03 - 1:44:09 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-10-03 - 4:36:54 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-10-03 - 4:37:12 PM GMT - Time Source: server Agreement completed. 2024-10-03 - 4:37:12 PM GMT Page 168 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-818 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, has requested to procure a qualified firm to provide professional engineering services for the installation of a 16" Water Main from WTP #2 to State Highway 181. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the negotiated fee schedule for RFQ PS25-003 Professional Engineering Services for the installation of a 16" Water Main from WTP #2 to State Highway 181 and authorize the Mayor to execute a contract for the not-to-exceed amount of $320,000.00. BACKGROUND INFORMATION: The City Council approved the selection of Krebs Engineering as the result of RFQ PS25-003 Professional Engineering Services for the installation of a 16" Water Main from WTP #2 to State Highway 181 and approved the Mayor to negotiate the contract fee schedule. The negotiated engineering services fees for this project are as follows: A. Preliminary Services B. Engineering Design Services C. Bid Period Services D. Construction Review Services Deliverables: • Periodic project status reports to the City • Two (2) hard copy sets and one (1) complete electronic set of Contract Documents. • Certified Bid Tabulation. • Recommendation letter regarding award of construction contract. • Three (3) sets of construction contract documents for execution. • "Punch list" of items of work, if any, to be corrected by the Contractor. • One set of specifications with all addenda. • One (1) complete electronic set of record documents. Page 169 of 215 • GIS shape files of the improvements. The Mayor and Superintendent of Water/Wastewater would like to establish a not-to- exceed amount for Professional Engineering Services of Three Hundred Twenty Thousand Dollars ($320,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-70 Water - Sys Imprv Distribution $320,000.00 $320,000.00 $0.00 Engineering fees represent less than 10% of overall project costs. 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 170 of 215 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract with Krebs Engineering for Professional Engineering Services for (RFQ PS25-003) for the Installation of a 16" Water Main from WTP #2 to State Highway 181 with a not-to- exceed contract amount of $320,000.00. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 171 of 215 1040 Stanton Road, Bldg. II, Suite A&B Daphne, AL 36526 P 251.309.9085 KrebsEng.com BIRMINGHAM DAPHNE HUNTSVILLE MONTGOMERY NEWNAN November 22, 2024 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: RFQ PS25-003 - Highway 181 and Gayfer Road 16-Inch Water Transmission Main – Proposal Letter Krebs Project No. 24305 Dear Daryl: Krebs Engineering, Inc. (Krebs) is pleased to present this proposal to the City of Fairhope (City) for professional engineering services associated with the Highway 181 and Gayfer Road 16-Inch Water Transmission Main project. The project will consist of approximately 10,000 linear feet of 16-inch water transmission main (WTM) from Fairhope Avenue north along Highway 181 and west along Gayfer Road to the intersection of County Road 13. SCOPE OF SERVICES A. Preliminary Services 1. Field reconnaissance 2. Consultation with the City 3. Site Survey 4. Discussions with the appropriate entities having jurisdiction 5. Hydraulic modeling as required 6. Identification and evaluation of alternatives 7. Permitting B. Engineering Design Services 1. Translation of survey maps into working drawings 2. Design of WTP improvements and modifications 3. Preparation of Contract Documents 4. Preparation of estimates of probably construction cost 5. Review of Contract Documents with the City 6. Furnish to agencies having jurisdiction the number of sets of Contract Documents required for their review 7. Preparation of the necessary applications for approval to construct the proposed facilities from such agencies 8. Design review meetings as required Page 172 of 215 Mr. Daryl Morefield November 22, 2024 Page 2 9. Furnish deliverables to the City C. Bid Period Services It is anticipated that this project will be bid in two (2) bid packages to help expedite the project. The first bid package will consists of the water main along Gayfer Road and the second will include the portion along Highway 181. 1. Advertise the project as required by the City. 2. Email the "Advertisement for Bids" to those contractors engaged in the type of construction work described herein to maximize the interest to bid on the project. 3. Issue Contract Documents to those contractors requesting such. 4. Furnish a representative for attendance at the pre-bid conference. 5. Furnish a representative to attend the bid opening. 6. Tabulate, evaluate, and certify the bids received. 7. Evaluate the bid pricing and make a recommendation to the City. 8. Prepare construction Contract Documents for execution by the City and the Contractor to whom the award is made. 9. Review all sets of executed documents for completeness of forms and required attachments. 10. Furnish a representative for attendance at the pre-construction conference. D. Construction Review Services 1. Provide the location of horizontal and vertical control (reference points and benchmarks) for the Contractor to use in his layout of the work. 2. General review of the work is done by an engineer or field representative, who will make periodic reviews at the work site as the project's construction progresses. 3. Review and forward to the City a copy of each reviewed shop drawing, equipment drawing, material specification, laboratory test report, shop and mill test report submitted by the Contractor. 4. Report any observed deviations from the intent of the Contract Documents to the City and recommend to the City any appropriate action to take. 5. Conduct progress meetings as required to ensure the project progresses as it should. 6. Review and present to the City for payment the Contractor's periodic and final estimates of work performed on the project. Page 173 of 215 Mr. Daryl Morefield November 22, 2024 Page 3 7. Upon completion of the work, prepare a "punch list" of items of work, if any, to be corrected by the Contractor. 8. Coordinate with the Contractor to correct any items of work required to complete the project in substantial accordance with the intent of the Contract Documents. 9. Preparation of Record Drawings. E. Deliverables Krebs will provide the following deliverables to the City: 1. Periodic project status reports to the City. 2. Two (2) hard copy full-size sets of the Contract Documents for each bid package. 3. One (1) complete electronic set of the Contract Documents in PDF format for each bid package. 4. Two (2) certified bid tabulations. 5. Two (2) recommendation letters regarding the award of the construction contract. 6. Three (3) sets of construction contract documents for execution for each bid package. 7. One (1) “punch list” of items of work, if any, to be corrected by the Contractor for each bid package. 8. One set of specifications complete with all addenda for each bid package. 9. One (1) complete electronic set of record documents in PDF format for each bid package. 10. GIS shape files of all the improvements. F. Services Not Provided 1. Full time onsite Field Representative during the Construction Period. 2. Easement surveys and/or legal descriptions for the necessary easements. 3. Materials Testing services including, but not limited to: Mill, shop and laboratory testing for metallurgical, chemical, and physical characteristics of materials, coatings, welds, and manufactured/fabricated articles or equipment. 4. Miscellaneous Surveys/Assessments/Studies services include but are not limited to, surveys/assessments/studies related to cultural or historical artifacts or remains, endangered animal or vegetative species, wetland delineation or identification, population or economic status, traffic volumes, environmental conditions, or preparation of environmental impact statements. 5. Construction materials testing including, but not limited to: concrete compressive strength, compaction, etc. Page 174 of 215 Mr. Daryl Morefield November 22, 2024 Page 4 6. Litigation services include but are not limited to: Preparation for or appearances before courts or boards on litigation related to the work, except when related to negligent errors and/or omissions by Krebs. COMPENSATION Fees for Items A through E above will be determined based on time charges, direct job expenses, and sub-consultant expenses, which will be paid to Krebs as compensation. Time charge-based compensation will be computed using the Krebs Standard Hourly Billing Rates/Charges (attached), which are in effect when services are rendered. These time charges plus direct job and sub-consultant expenses will not exceed Three-Hundred Twenty Thousand dollars and no cents ($320,000.00), resulting in an approximate total project cost of $3,800,000.00. The estimated construction cost for the work described herein is approximately $3,480,000.00. If you have any questions regarding this proposal, please contact us. Sincerely yours, Krebs Engineering, Inc. By____________________________ Caleb L. Leach, P.E. Associate cc: Rob Vaughan; Mark Smith Krebs File No. 24305 Page 175 of 215 Page 176 of 215 PRF - 16 in Water Main Extension from WTP 2 to SR181 Final Audit Report 2024-10-03 Created:2024-10-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAfAfnYk094gl2dbAaVQK6vr-ALcAH1vx0 "PRF - 16 in Water Main Extension from WTP 2 to SR181" Histo ry Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-10-02 - 2:07:00 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-10-02 - 2:07:32 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-10-03 - 1:25:11 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-10-03 - 1:26:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-10-03 - 1:26:31 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-10-03 - 1:45:58 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-10-03 - 1:45:59 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-10-03 - 4:36:14 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-10-03 - 4:36:42 PM GMT - Time Source: server Agreement completed. 2024-10-03 - 4:36:42 PM GMT Page 177 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-825 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water and Wastewater Department has requested the second one (1) year extension of the annual contract for Bid No. 040-22 On Call Contractor Services (Water and Sewer) for the same terms and conditions as the original contract. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To authorize the Mayor, Sherry Sullivan, to execute Extension No. 2 for the annual contract for Bid No. 040-22 On Call Contractor Services (Water and Sewer) for the same terms and conditions as the original contract. BACKGROUND INFORMATION: The original contract was executed January 4, 2023 and awarded to W.R. Mitchell Contractor, Inc. Extension No. 1 extended the contract until January 3, 2025. The request for Extension No. 2 will extend the contract until January 3, 2026. The Vendor has agreed to Extension No. 2, with all terms and conditions of the bid award. Council awarded Bid No. 040-22 for On Call Contractor Services (Water and Sewer) on 10/24/2022. Previous Council Action: Resolution No. 4599-22, Adopted by Council on October 24, 2022 (Original bid award). Resolution No. 4974-24, Adopted by Council on January 8, 2024 (Extension No. 1). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500 004020- 59500 Water - Sys Imprv Distribution WasteWater - Sys Imprv Collection $250,000.00 $250,000.00 $TBD $TBD $0.00 $0.00 On-Call contract is for use on an as needed basis, not to exceed $500,000.00 for Water Page 178 of 215 and WasteWater combined. 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 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 2 (Bid No. 040-22) On Call Contractor Services (Water and Sewer) to W.R. Mitchell Contractor, Inc. for one (1) year extension of the annual contract from January 4, 2025 to January 3, 2026 per the same terms and conditions of the original contract. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 180 of 215 CITY OF FAIRHOPE and W.R. Mitchell Contractor, Inc. CONTRACT EXTENSION DOCUMENTS Bid 040-22 On-Call Contractor Services (Water and Sewer Department) Sherry Sullivan, Mayor Fairhope City Council Jack Burrell, Council President Set ______ Page 181 of 215 City of Fairhope Bid No. 040-22 On Call Contractor Services (Water and Sewer Department) Contract Extension No. 2 This EXTENSION NO. 2 of CONTRACT ("Extension") is made this _____ day of _______________________ ,20____, for the purpose of extending the agreement known as Bid No. 040-22 On Call Contractor Services (Water and Sewer Department), dated January 4, 2023, (“Original Contract") between the City of Fairhope and W.R. Mitchell Contractor, Inc. (the "Parties"). 1. Extension 2 of this agreement, which is attached hereto as a part of this Extension, is described below: Bid No. 040-22 On Call Contractor Services (Water and Sewer Department) and will end on January 3, 2025 at midnight. 2. The Parties agree to extend Extension 2 agreement for an additional period, which will begin immediately upon the expiration of the original time period January 4, 2025 and will end on January 3, 2026. 3. This Extension binds and benefits both Parties and any successors or assigns. This document, including the attached Original Contract, is the entire agreement between the Parties. All other terms and conditions of the Original Contract, including pricing, remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Contract Extension as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA ATTEST: ______________________________ BY: Sherry Sullivan, Mayor BY: Lisa A. Hanks, MMC, City Clerk NOTARY FOR THE CITY STATE OF ALABAMA} COUNTY OF BALDWIN} I, the undersigned authority in and for said State and County, hereby certify that Sherry Sullivan as Mayor of the City of Fairhope whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, being informed of the contents of the document she executed the same voluntarily on the date of the same bears date. Given under my hand and Notary Seal on this _____day of__________________ , 20____. Notary Public______________________________ My Commission Expires:______________ Page 182 of 215 If Corporation, Partnership, or Joint Venture _____________________________________________________________________________________ Name of Corporation, Partnership, or Joint Venture By: _____________________________________ _______________________________________ Signature of Officer Authorized to Sign Bids Position or Title and Contracts for the Firm _____________________________________________________________________________________ Email Address _____________________________________________________________________________________ Business Mailing Address _____________________________________________________________________________________ City, State, Zip Code _____________________________________ _______________________________________ General Contractor’s License Number Foreign Corporation Entity ID (Required of out-of-state vendors) NOTARY STATE OF ______________________________} COUNTY OF ____________________________} I, the undersigned authority in and for said State and County, hereby certify that _____________________________________ , as ___________________________________________ Type or Print Name of Bid Signer Type or Print Bid Signer Title Respectively, of ______________________________________________________________________ Type or Print Company Name Whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being of the contents of the document they executed the same voluntarily on the day the same bears date. Given under my hand and Notary Seal on this ________ day of _____________, 20____. Notary Public ___________________________ My Commission Expires ___________________ Page 183 of 215 RESOLUTION NO. 4974-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIR HOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 (Bid No. 040-22) On Call Contractor Services (Water and Sewer) to W.R. Mitchell Contractor, Inc. for one (1) year extension of the annual contract from January 4, 2024 to January 3, 2025 per the same terms and conditions of the original contract. DULY ADOPTED THIS 8TH Corey Martin, Council President Attest: �/-/41/4.LL �anks, MrJ!c City Clerk Page 184 of 215 Page 185 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-816 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting approval for a contract amendment for RFQ PS24-025 Professional Engineering Services for a Feasibility Study for a new 114-Acre Park to add hosting a Public Meeting to the Scope of Services. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for RFQ PS24-025 Professional Engineering Services for a Feasibility Study for a new 114-Acre Park to add hosting a Public Meeting to the Scope of Services for a not-to-exceed cost of $4,500.00. BACKGROUND INFORMATION: Previous Council Action: City of Fairhope approved the contract for RFQ PS24-025 Professional Engineering Services for a Feasibility Study for a new 114-Acre Park with Gonzalez-Strength & Associates, Inc. on August 26, 2024 (Resolution No. 5175-24). The total contract award was Fifty Thousand Dollars ($50,000.00). The Director of Parks and Recreation, Pat White, is requesting a contract amendment to add hosting a public meeting to the Scope of Work. The public meeting will be to gather additional input related to the sports complex opportunities for both local use and tournament usage. The additional cost will be Four Thousand Five Hundred Dollars ($4,500.00). The total not-to-exceed contract amount will be Fifty-Four Thousand Five Hundred Dollars ($54,500.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50290 Recreation - Professional Services $50,000.00 $54,500.00 ($4,500.00) GRANT: N/A Page 186 of 215 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 187 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract amendment with Gonzalez-Strength & Associates, Inc. for Professional Engineering Services for a Feasibility Study for a new 114-Acre Park (RFQ PS24-025) with a not-to-exceed amount of $4,500.00. The new contract total will be $54,500.00. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 188 of 215 Rev. 04-2015 GSA Amendment Contract Page 1 of 2 CONTRACT FOR PROFESSIONAL SERVICES- AMENDMENT # 1 GSA PROJECT NO: 24-0097 PROJECT NAME: City of Fairhope 114 – Acre Park THIS Amendment to the original CONTRACT FOR PROFESSIONAL SERVICES, made and entered into this day November 19, 2024, by and between Gonzalez-Strength & Associates, Inc., hereinafter called “GSA” and City of Fairhope, hereinafter called “Client, is for the services described under Item 2 of this agreement. CLIENT: City of Fairhope ADDRESS: 803 North Greens Road Fairhope, AL 36532 PHONE NO: 251-517-5012 1. The Terms and Conditions of this amendment are described in CONTRACT FOR PROFESSIONAL SERVICES between GSA and Client as Dated: August 26, 2024 2. Scope of Services to be performed by the Consultant is described in the following: Host Public Meeting The GSA Team will host a public meeting in the City of Fairhope to gather additional input related to sports complex opportunities for both local use and tournament usage. We will coordinate with the City of Fairhope on the timing and scope of the public meeting. CONTRACT FOR SERVICES 3. Services called for herein shall be completed no later than TBD 4. The compensation to be paid the Consultant for providing the services called for herein shall be: A. Direct personnel expense plus a surcharge of NA, with a total cost not to exceed $ NA; plus reimbursable costs. B. An Additional Lump Sum Charge of $4,500.00 C. Unit Cost / Time Charges in Attachment B; total not to exceed $NA 5. DURATION: This Agreement shall remain in effect until the project is complete unless terminated as provided herein, or extended by mutual agreement in writing. 6. IN WITNESS WHEREOF, this Amendment is accepted on the date last written below, subject to the terms and conditions above state. Contract shall be valid for a period of Six (6) months if not signed and accepted. CLIENT: CITY OF FAIRHOPE GONZALEZ-STRENGTH & ASSOCIATES, INC. SIGNED: SIGNED: TYPED NAME: TYPED NAME: Robbin L. Gregory, PLA TITLE TITLE Director of Planning & Landscape Architecture DATE: DATE: 11/19/2024 Page 189 of 215 Rev. 04-2015 GSA Amendment Contract Page 2 of 2 Page 190 of 215 RESOLUTION NO. 5141-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS24-) for a Feasibility Study for a 114-Acre Park to Gonzalez-Strength & Associates , 9.; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be ap r ved by Council. DULY ADOPTED THIS 12TH DA Corey Martin , Council President Attest: City Clerk Page 191 of 215 RESOLUTION NO. 5175-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereb y authorized to execute a contract with Gonzales-Strength & Associates, Inc . for Professional Engineering Services for a Feasibility Study for a new 114-Acre Park (RFQ PS24- 025) with a not-to-exceed amount of $50,000.00. ADOPTED ON THIS 26TH Corey Martin , Council President Attest: ~llP-< City Clerk Page 192 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-819 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS25-010 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2024. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve the selection by the Mayor for RFQ PS25-010 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2024 and authorize the Mayor to execute a contract with a not-to-exceed amount of $12,000.00. BACKGROUND INFORMATION: Per the City’s “Procedure for Procuring Professional Services for Projects Under $100K”, under the section for “Variants to the Procedure”, the Mayor exercised Option 1 and chose Pyro Productions Inc. to perform the professional service. The work to be performed is design and produce the fireworks display for the New Year’s Eve Celebration on December 31, 2024. Pyro Productions Inc. has submitted a proposal for Twelve Thousand Dollars ($12,000.00) for these services. This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 193 of 215 001240- 50490 Line 120 Community Events $12,000.00 $12,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 194 of 215 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves Mayor Sherry Sullivan selection of Pyro Productions Inc. as Professional Consultant for (RFQ PS25-010) Design and Production of the Fireworks Display for New Year's Eve 2024, pursuant to Code of Alabama, "Pyrotechnic Shooter Law"; and authorizes the Mayor to execute a contract with an amount not-to-exceed $12,000.00. DULY ADOPTED THIS 9TH DAY OF DECEMBER, 2024 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 195 of 215 Fireworks Con ؛rart ٠ Pyro Produrtlons,!ПС.(seller Fired)11/25/24,9:09 AM ؛(?■)■٠RОf)Uا٠ ا Г f ř FIREWORKS DISPLAY AGREEMENT THIS AGREEMENT is madeand entered into on Monday.November 25th,2024 byand between pyro Productions.Inc.,an Alabama Corporation, having its principal place of business at 2083 Helms Road Dothan.Alabama,including its employees,owners,and agents,hereinafter referred to as “Seller”,and City of Fairhope,hereinafter referred to as "Buyer”. Seller shall furnish to Buyer 1 fireworks display,as per tlie $2,ÖÖ0.00 program submitted and accepted by the Buyer,and wliich by reference Is made apart hereof as Exhibit “A':The display is to take place on the evening of 12/31/2024,at approximately 12:ООат,weather permitting.Buyer agrees that if they are paying via credit card,the buyer will be responsible for an additional 4 percent processing fee to offset charges by Sellers merchant processor. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1.FIRING OF DISPLA٧: 0 Seller agrees to furnish all necessary fireworks display material and personnel for a fireworks display in accordance witfi the program approved by the parties.Seller agrees to comply with all local,state,and federal guidelines pertaining to the storing and displaying of fireworks. Seller reserves the right to substitute Items of equal or greater value due to current market conditions. 2.POSTPONEMENT/CANCELLATION؛ Displays cancelled or postponed to an alternate date will be ctiarged an additional 25%of the total contract price for additional expenses incurred in presenting the display on an alternate date. 3.؛RAINDATE Should inclementweather prevent the firing of the display on the date mentioned lierein,the parties agree to a mutually convenient rain date of 12/31/2024oran٠therdate as agreed to by both parties.Once display set-up lias begun,tlie determination to cancel the fireworks display because of inclement weather orunsafe weather conditions shall rest within the soledlscretlon of the AHJ,Seller,and the lead Dvrotechnician. 4.INSURANCE: If Seller isfiringthe show.Seller agrees to provide,at its expense,general liabili^insurance coverage.In an amount not less than $2,0٥0,00٥.0٥, and within 2 weeks prior to the date of the fireworks display,sliall submit to the Buyer,if requested in writing,a certificate of insurance.All entities listed on the certificate of insurance will be deemed an additional insured.In the event ofa claim by Buyer,the applicable deductible sliall be paid by the Seller. The Seller agrees to defend,indemnify and liold harmless the Buyer and its agents and employees from and against all claims,costs,judgments, damages and expenses,including reasonable attorney fees tliat may or sliall arise out of any negligent or wron^ul act or omission by the Seller related to the performance of the fireworks by the Buyer.The Buyer agrees to give the Seller prompt notice ofany claims or demandsand to cooperate with the Seller or its successors in interest or assigns,if any,in the defense of any such claims and/or demands. 5.BUYER AGREES TO PROVIDE: 0 Sufficient area for ttie display,including a minimum spectator set back as determined by Seller. 0 Protection of the display area by roping offtlie area orsimilarfacility. 0 Adequate police protection to prevent spectators from entering display area. 1/3httpe://tav٠.app/job٠/confrarte/٠dlV839S76e Page 196 of 215 F!rew٥rks Contract -Pyro Productions,tnc.(setter Fired)11/25/24.9:09 AM 0 Dry,clean sand,i؛ needed,ior firing. 0 Persons to assist in the inspection and cleanup of fireworks debris in the fallout zone of the shoot site at first light In the morning following the display for anything that may have been missed at the night search. 6. No representation of affirmation of fact,including but not limited to statement regarding capacity,suitability for use,or performance of equipment or products shall be,or deemed to be a warranty by the Seller for any purpose,nor give rise to any liability or obligation of the Seller whatsoever,except for acts of Seller's negligence as above stated. It Is further understood and agreed that nothing In this Agreement shall be construed or Interpreted to mean a partnerstilp.Both parties hereto being responsible for thelrseparate and Individual debts and obligations,and neither party shall be responsible for any agreements not stipulated In this Agreement.The Agreement shall not be construed to have been drafted,authored,or written by any specific Party.Rather,the Agreement stiall be conttrued as co-drafted,co-authored,or co-wrltten by the Parties.Therefore,the Agreement shall not be construed against any Party on the claim or basis the Agreement was drafted,written,or authored by any specific Party. 8, Tlie parties hereto do mutually and severally guarantee terms,conditions,and payments of this Agreement.This document shall beblndlng upon the parties,themselves,their heirs,executors,admlnlrtrators,successors and assigns. 9٠ EXCLUDED DAMAGES AND LIMITATJ.N OF LlABILl^: Except for claims covered by Seller's applicable general liability Insurance,notwithstanding any provision to the contrary In this Agreement: ى In no event sliallSeller be liable to Buyer or any third party for any loss of use,revenue or profit orfor any consequent exemplary,special,or punitive damages whether arising out of breach of contract,tort (Including negligence),or otherwise,regardless of whether such damage was foreseeable and whether or not sucfi party has been advised of the possibility of such damages. ى In no event shall Seller's liability arising out of or related to this Agreement,whether arising out of or related to breach of contract,tort (Including negligence),orotherwlse,exceed the aggregate amount paid or payable to Seller pursuantto thlsAgreement. 10.FDRCE MAJEURE AND SAFE ENVIRDNMENT CLAUSE: If Seller cannot perform or believes It may not be able to perform this Agreement in whole orln part due toaflre,natural disaster,act ofwaror terrorism (domestic or foreign),epidemic or pandemic (Including CO٧ID-19),action of any governmental authority (Including a Government order as defined In Section 7.3),national or regional emergency,other casualty,act of God,or other cause beyond the control of the parties or due to Seller's Illness or Injury,whether or not foreseeable (“Force Majeure Event”),then Seller will give notice to the Buyer as soon as reasonably practicable after Seller determines that a Force Majeure Event will or may prevent seller from performing under this Agreement.Seller shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event,but Seller may.In Seller's discretion,work with the Buyer to find an alternative date for the Event that Is suitable to both Buyer and Seller.To the extent the Parties cannot agree on a suitable replacement date consistent with Seller's availability.Seller may also.In Its sole discretion,refund fees paid to seller under the Agreement,less any amounts necessari/to cover expenses and work (based on time spent by Seller)already performed by Seller related to the Event,Including,but not limited to,pre-event communications,development of timelines,and preparation of gear for the Event (the "Refund Amount").In the case of a Force Majeure Event,Seller shall have no additional liability to Buyer with respect to this Agreement beyond that described In this section and below. ى Inthe case ofaForce Majeure Event that Impacts the Seller Individually,but does not otherwise Impact the Event,including,but not limited to. Illness or Injury to Seller,Seller shall make reasonable efforts to schedule a replacement forthe Event.Should Buyer not accept a replacement selected by Seller to perform Seller’s obligations under tlie Agreement,Seller sliall refund tlie Refund Amount and shall have no further obligation to perform underthe Agreement. 0 Buyer understands that Seller works to maintain a safe work environment.Including but not limited to,complying with applicable governmental laws,directives,orders,and regulations (each a "Governmental Order”).Buyer further understands and agrees that Seller shall not be required to perform under this Agreement Ifthe Event Is held In violation of a Governmental Order or Seller's participation In the Event would violate a Governmental Order.Buyer also understands and agrees that Seller Is not obligated to continue to perform under this Agreement If Seller's personal safety or well-being has been or will be comprised or threatened at the Event,Including,but not limited to,as a result of the condition of the venue for the Event,orthe conduct of an attendee of the Event. 11.CHOtCE OF LAW,JURISDICTION,ANDVENUE: https://tave.app/Jobs/con٠racls/©dlt/8395768 2/3Page 197 of 215 Fireworks Contract -Pyro Productions.Inc.(seller Fired) This Agreementshalt be governing by and construed in accordance with the laws ot the state oi Alabama without regard to confllct-of-law principles)except as otherwise specifically required forthe storing and displaying off¡reworks as provided In paragraph one above. Notwithstanding,the Parties must bring any legator equltableactlon or proceedlngarlslng under or related to this Agreement exclusively In the Alabama District Court In and for Houston County,Alabama.اً he Alabama District Court In and for Houston County,Alabama shall have exclusive jurisdiction to decide any disputes arising out of or related to this Agreement.Each Party knowingly and voluntarily consents to and expressly waives any objection or defense to personaljurlsdlctlon,improper orlnconvenlentvenue,orlnconvenlentforum In the Alabama District Courtin and for Houston County,Alabama. 12.PRODUCTION CREDITS. Buyer agrees to credit Pyro Productions In printed,recorded,or broadcast event credits,pyro Productions shall be credited as follows,either: 0 Pyrotechnics and Flame Efferts -pyro Productions,Inc. 0 Special Effects-pyro Productions,Inc. 0 Fireworks by Pyro Productions,Inc. 11/25/24,9:09 AM IN WITNESS WHEREOF.the parties hereto have executed this Agreement tlie daj/and year first above written. Client /Buyer signature: Pyro Productions,Inc.signature: 3/3http8://lave.app/Jobs/conlracls/edlt/8395766 Page 198 of 215 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: November 25, 2024 Re: RFQ PS25-010 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2024 The Director of Community Affairs, Paige Crawford, is requesting the hiring of a professional consultant for RFQ PS25-010 Professional Consultant for the Design and Production of Fireworks Display for New Year’s Eve 2024. Per our Procedure for Procuring Professional Services, Paige Crawford and I are providing a short list of firms for the Mayor to select from for the work. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Pyro Productions Inc. _______________ ___________ None. Submit another list Cc: file, Paige Crawford, Mayor Sherry Sullivan Nov 25, 2024 Page 199 of 215 Memo to choose - NYE Fireworks Final Audit Report 2024-11-25 Created:2024-11-25 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAO7nQ0Pesi3ZYz8pubuvHQd2XK-DT7-E4 "Memo to choose - NYE Fireworks" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-11-25 - 6:44:59 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-11-25 - 6:45:44 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-11-25 - 7:14:35 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-11-25 - 7:15:14 PM GMT - Time Source: server Agreement completed. 2024-11-25 - 7:15:14 PM GMT Page 200 of 215 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford Date: 11/25/2024 Department: Economic Development Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Pyro Productions Inc. $ $12,000.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Design and Production of New Years Eve Fireworks 2. What is the total cost of the item or service? $12,000 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Pyro Productions Inc. 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $12,000 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 201 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-820 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Community Affairs, Paige Crawford, is requesting approval for Mayor Sherry Sullivan to execute a contract (attached) with Music Garden for U.S. Band to perform at the Fairhope New Year’s Eve 2024 Celebration at a cost of Nine Thousand Five Hundred Dollars ($9,500.00). AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To authorize the Mayor to execute a contract with Music Garden to provide musical entertainment at the Fairhope New Year’s Eve 2024 Celebration for a not-to-exceed amount of $9,500.00. Authorize the Treasurer to issue check prior to 12/31/2024 per agreement. BACKGROUND INFORMATION: This professional service is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3) Contracts for which competitive bidding not required, which states: “Contracts for securing services of attorneys, physicians, architects, teachers, superintendents of construction, artists, appraisers, engineers, consultants, certified public accountants, public accountants, or other individuals possessing a high degree of professional skill where the personality of the individual plays a decisive part.” BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001240- 50490 Line 120 Community Events $9,500.00 $9,500.00 $0.00 GRANT: N/A Page 202 of 215 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 203 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAM, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract between the City of Fairhope and Music Garden to provide musical entertainment at the Fairhope New Year's Eve 2024 Celebration for a not-to-exceed amount of $9,500.00; and authorize the City Treasurer to pay $9,500.00 payable to Music Garden with execution of contract prior to the performance. Exempt from formal bidding per Code of Alabama 1975, Section 41-16-51 (a)(3). ADOPTED ON THIS 9TH DAY OF DECEMBER, 2024 ________________________________ Jack Burrell, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 204 of 215 MusicGardenBands.com 800-689-2263(BAND). Fax: 334-260-9947. office@musicgarden.net. 241 Mendel Pkwy E, Montgomery, AL 36117 SIGNED CONTRACT DUE BY 12/13/24 THIS IS A CONTRACT for personal services of entertainers on the engagement described below, made and entered into on 11-25-24 between the undersigned Purchaser of Music (herein referred to as “Purchaser”), and the undersigned (“artist(s)). PURCHASER: City of Fairhope ARTIST: U.S Band DATE: Tuesday, December 31, 2024 TIME: TBA CT (4-hour span – including breaks) LOCATION: Downtown Fairhope – Fairhope, AL TYPE of SHOW: City Festival COMPENSATION: SOUND and LIGHTS: to be provided by Artist(s) / Band to provide Video. NOTES: AGREEMENT: Artist(s) and Purchaser herein agree that Music Garden, Inc., has performed a valuable service to each of them in bringing the two parties together for mutual benefit. Therefore, Artist(s) and Purchaser agree and guarantee to Music Garden, Inc. that should Artist(s) accept employment again from Purchaser, that Artist(s) and Purchaser will negotiate said play date through Music Garden, Inc. and the Artist(s) agrees to pay Music Garden, Inc. its usual and normal commission from the said play date for a period of twenty-four (24) months. RELEASE OF LIABILITY: It is understood and agreed by Purchaser and Artist(s) that Music Garden, Inc. is not a party to this contract, and that its only function is that of a booking agency, and further that Music Garden, Inc. is not responsible to either party for breach of this contract. It is also understood that The Music Garden assumes no liability for the execution of the terms and conditions of this contract. PROVISIONS: If performance is to be outdoors, Artist(s) and equipment need to be raised off of the ground and adequately covered from the elements (this is from the side as well as from the top) of the tent or other structure. Fans should be provided to accommodate for warm weather as well as if the temperature is going to be below 50 Fahrenheit, then heating will be provided by the purchaser in the sheltered area. Artist(s) shall not be required to perform outdoors if weather conditions make performance unsafe for Artist(s) and their equipment. If unsafe weather causes performance to be canceled Artist(s) is to be paid in full. If unsafe weather causes unreasonable delay, Artist(s) is to be paid in full regardless of actual time played. Once Artist(s) have set-up they are not required to move and set up again. CANCELLATIONS: If Purchaser elects to cancel, notice must be received by Music Garden in writing. If, due to government mandates and restrictions relating to the Covid-19 pandemic or a future pandemic that is unknown at this time (including, local, state, or federal actions, regulatory rulings, regulations, rules, and/or laws) the event cannot be held on the contracted date, Music Garden and the Artist(s) will use their best efforts to reschedule the event to a mutually agreeable future date for the Purchaser and the Band. If the contracted date is rescheduled, then Purchaser’s nonrefundable retainer will be transferred to the future date. If instead the Purchaser elects to cancel the event and not reschedule to a mutually agreeable future date, the nonrefundable retainer will be forfeited. For cancellations for any other reason than stated above, if notice is received less than 245 days from the date of the event, forfeiture will be one hundred percent (100%) of the compensation unless another booking of equal or greater value is obtained for the Artist(s) in which case Purchaser will forfeit retainer. If a booking of less value is obtained for the Artist(s), Purchaser will forfeit retainer plus the difference of the lesser value. Non-payment of nonrefundable retainer shall not relieve the Purchaser of the obligation set forth herein. This forfeiture is in addition to any other remedies enumerated in this contract or afforded by law to the Artist(s) or Music Garden, Inc. If the Artist cancels, Music Garden, Inc. will attempt to replace the date with a similar Artist. If Purchaser does not accept the replacement, the retainer will be refunded. ATTORNEY FEES: In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. For Artist: ____________________________ By: Kelly Nagy For: U.S Band c/o Music Garden 241 Mendel Pkwy E Montgomery, AL 36117 For Purchaser: ____________________________ Sherry Sullivan Mayor of Fairhope % Paige Crawford Tourism and Special Events Manager City of Fairhope 251.929.1466 Paige.crawford@fairhopeal.gov Agent: Martin Brasfield 800-689-2263 or 334-320-9420 $ 9,500.00 Signed contract due by 12/13/24. (Music Garden accepts checks & bank transfers) (Credit Card payments add 3% convenience fee.) $ 9,500.00 payable to Music Garden due prior to the performance. Music Garden will pay Artist. Page 205 of 215 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Paige Crawford Date: 11/25/2024 Department: Economic Development Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Music Garden (U.S. Band) $ $9,500.00 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Performance Band for New Years Eve Celebration 2. What is the total cost of the item or service? $9,500.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☒ Annual Request 5. Vendor Name (Lowest Quote): Music Garden 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $9,500.00 3. Budget code: 001240-50490 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 206 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-822 FROM:Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT:The Superintendent of Electric Department, Ben Patterson, is requesting to reject all bids (Bid No. 25-001) to Procure Services for Joint Use Attachment Inventory for the Electric Department pursuant to Code of Alabama 1975, Section 41-16-57(d). AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To reject all bids (Bid No. 25-001) to Procure Services for Joint Use Attachment Inventory for the Electric Department pursuant to Code of Alabama 1975, Section 41- 16-57(d). BACKGROUND INFORMATION: A service bid was issued on October 4, 2024, posted to the City of Fairhope's website, and published in Gulf Coast Media. One (1) responsive bid was received at the bid opening on October 31, 2024 at 10:00 a.m. The Superintendent of Electric Department recommends to reject all bids (Bid No. 25- 001) to Procure Services for Joint Use Attachment Inventory. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget GRANT: N/A LEGAL IMPACT: N/A Page 207 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council to reject all bids (Bid No. 25-001) to Procure Services for Joint Use Attachment Inventory for the Electric Department pursuant to Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 9TH DAY OF DECEMBER, 2024 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 208 of 215 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Mayor Sherry Sullivan City Council Members From: ______________________________ Erin Wolfe, Purchasing Manager Date: December 5, 2024 Re: Bid No. 25-001 Request for Proposal Joint Use Attachment Inventory for City of Fairhope Electric Department The Superintendent of Electric Department, Ben Patterson, is requesting to procure Services of qualified professionals to conduct an inventory of attachments by joint-users to the City of Fairhope’s Electric system, attachments of the City’s Electric system to others, and an inventory of the City’s Electric system with phasing diagrams. The awarded vendor would be responsible to provide a full inventory of joint use attachments, a full inventory of pole mounted equipment, GPS coordinates for all equipment overhead and underground, labeling all equipment and transformers (pole and pads), and a system phasing inventory. A service bid was issued October 4, 2024. One (1) responsive was received at the bid opening on October 31, 2024 at 10:00 a.m. The responsive bid received was greater than the budgeted amount of the project. It is my and the Superintendent of Electric Department’s recommendation to reject all bids under Code of Alabama 1975, Section 41-16-57(d). Cc: file, Ben Patterson, Mayor Sherry Sullivan Page 209 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-824 FROM:Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT:The Superintendent of the Electric Department, Ben Patterson, is requesting to procure Labor, Transportation and Equipment for the 46KV Transmission Line 2024 Modifications & Additions. AGENDA DATE: December 9, 2024 RECOMMENDED ACTION: To approve to reject all bids for Bid No. 25-003 46 KV Transmission Line 2024 Modifications & Additions, and authorize to rebid. BACKGROUND INFORMATION: An Invitation to Bid was issued on October 15, 2024, posted to the City of Fairhope's website, and advertised in Gulf Coast Media. Two (2) responsive bids and one (1) non- responsive bid were received at the bid opening on November 21, 2024 at 10:00 a.m. The Superintendent requests that the City Council approve to reject all bids and to authorize to re-bid this contract under Code of Alabama 1975, Section 41-16-57(d). BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget $___$___($____) GRANT: N/A LEGAL IMPACT: 11/26/24 - City Attorney approved to reject and re-bid under Code of Alabama 1975, Section 41-16-57(d). Page 210 of 215 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves to reject all bids (Bid No. 25-003) for 46 KV Transmission Line 2024 Modifications & Additions, and authorize the re-bid under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 9TH DAY OF DECEMBER, 2024 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 211 of 215 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Mayor Sherry Sullivan City Council Members From: ______________________________ Erin Wolfe, Purchasing Manager Date: December 2, 2024 Re: Bid No. 25-003 46 KV Transmission Line 2024 Modifications & Additions The Superintendent of Electric Department, Ben Patterson, is requesting to procure labor, transportation and equipment for the modifications and additions of the 46 KV Transmission line. A service bid was issued October 15, 2024. Two (2) responsive bids and one (1) non-responsive bid were received at the bid opening on November 21, 2024 at 10:00 a.m. The responsive bids received were greater than the budgeted amount of the project. It is my and the Superintendent of Electric Department’s recommendation to reject all bids and re-bid under Code of Alabama 1975, Section 41-16-57(d). Cc: file, Ben Patterson, Mayor Sherry Sullivan Page 212 of 215 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-851 FROM: Jenny Wilson, Assistant City Clerk SUBJECT: Application - Restaurant Liquor License by Robert Evans, Little Bird Fairhope LLC, d/b/a Little Bird, 404 Oak Avenue, Fairhope, AL 36532 AGENDA DATE: December 9, 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 213 of 215 Revised 09/2013 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 PLEASE PRINT 251/928~2136 NOV 25 '24 /.'fM9:?1 ALCOHOLIC BEVERAGE LICENSE APPPLICATION ~If- We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordinances of the City, or any amendments to same, and to promptly furnish all reports require~he City_-.-r:' _ APPLICANrSNAME /1£bt~7 t:Yt;n,.{ SSN# ______ _ AGE------1-DATE OF BIRTH _. PLACE OF BIRTH t,f}-l}y1We°60 1 t.,11-, MAILING AooREss qs 7 s , m0 b1 k.,, s r ;:::'ffe·ri 4 /Jc • HOME# __________ WORK# ___________ _ CELL#_ _ _______ FAX# _______________ _ RESIDENCE ADDRESS _lf~S_7"'---5"_, -=-j'V1._t>/;r---'-'....;.(o=:;..__j_~_J ~~---'--'--t,~kv_./J_--r:..-___ _ NO .YEARS AT PRESENT ADDRESS 2-NO .YEARS AT PREVIOUS ADDRESS s '-ff'I- PREVIOUS ADDRESS 70~ fi>itlxzp~ A~ NAME AND ADDRESS OF BUSINESS L; ..J +J-c:. 15/~X, '-{6'/ tJAJC,, Ave rfo/n,'l6{?," 11 t,,- NAME OF CORPORATION 1-,..J.ft-c &/;t,D m;~, (_LC, sus1NEss LocATION • 'fot z:>ok lffr/e/Vu-e. HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE ¥.--C> IF SO, WHERE ·rfr,)1, h~pe..-UNDER WHAT NAME t~ /ID~ r'-1JC..~ HAS APPLICANT EVER BEEN ARRESTED NO IF SO , WHERE. _______ _ WHEN. _____ WHATWAS CHARGE. _____________ _ DISPOSITION. ______________________ _ LIST THREE REFERENCES : NAME ADDRESS PHONE NUMBER I OrtvJo /11,rJifl ~ (};r t1 ;i JotJ f j / bf ~ I --T 1 'rY1 f -e v't'Vf I _J J Page 214 of 215 City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 __ 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine . or beer at Retail, TO GO only . No one under age 21 allowed on premises . A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. __ 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on and off consumption . No one under age 21 allowed on the premises . A liquor lalC of 10% City Limits or 5% Police Jurisdiction i s due the 1dh of each month on the purchase price paid for all liquor for use or resale by the licensee . __ 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC Board 's "club" regulations . A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid fo r all liquor for use or resale by the licensee. V 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, w ine, or beer for on-premises ~ consumption only and 51% of gross rece ipts must come from the sale of food . A liquor tax of 10% City limits or 5% Police Jurisdiction is due the 1 om of each month on the purchase price pa id for all liquor fo r use or resale by the licensee. 140 -SPECIAL EVENTS LICENSE __ 160 -SPECIAL RETAIL LICENSE-More than 30 days __ 040 • BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050 -BEER OFF-PREMISES LICENSE -Allows sale of Beer Only , TO GO only . --060 -WINE ON/OFF PREMISES LICENSE-Allows sale of Wine Only, on and off consumption . __ 070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only , TO GO, only . 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 -NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ ---, // /20)-un'f S~AME) DATE NOT APPROVED APPROVE --,--1----->..:DATE __ _ ~~~~ATE~f BY COUNCIL _____ DATE __ _ City Clerk APPROVED BY COUNCIL --,-----,--,--DATE __ _ City Clerk ..., The Chief of Pol ice is only acquiring a background check on the owners , partners , or corporate officers of the business for the City of Fairhope . The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the Li cense . • Page 215 of 215