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Home My WebLink About03-24-2025 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, March 24, 2025 - 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 March 10, 2025, Regular City Council Meeting and minutes of March 10, 2025, Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing – Ordinance – Amend Ordinance No. 1253 - To consider the request from the City of Fairhope Planning and Zoning Department, for an amendment to Table 3.1 of the City of Fairhope’s Zoning Ordinance. 6. Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Jay Broughton, on behalf of the Owner, Tallawampa Properties LLC, for conditional annexation to R-1, Low Density Single-Family Residential District. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. PPIN #: 13818. (Introduced at the March 10, 2025 City Council Meeting). 7. Final Adoption - Ordinance – Annexation – City of Fairhope property located at Section Street / 705 Twin Beech, Fairhope, Alabama. Contains 15.146 acres more or less. Tax Parcels 46-04-19-4-000-012.000 and 46-04-19-4-000-041.000. (Introduced at the March 10, 2025 City Council Meeting). 8. Final Adoption - Ordinance – An Ordinance amending Ordinance No. 522 and repealing and replacing Ordinance No. 1779 Parking Authority; Section 20-31: Said Parking Authority or Committee shall be composed of seven (7) members, and all such members shall be residents of the City of Fairhope, Alabama and over the age of 21 years. (Introduced at the March 10, 2025 City Council Meeting). 9. Final Adoption - Ordinance - An Ordinance to Approve an Application from Richard T. Barrett for a Franchise Agreement Tennis and Pickleball for at the Mike Ford Tennis Center. (Introduced at the March 10, 2025 City Council Meeting). 10. Ordinance – Annexation – Casa Azul Fairhope, LLC (Daniel Dorta) property located at 18348 Greeno Road, Fairhope, Alabama and zoned B-1 Local Shopping District. Tax Parcel 46-08-28-0-000-017.001. 11. Site Plan Review and Approval - Request of the Applicant, Overstreet & Assoc., on behalf of the Owner, Bon Aventure Too, for Site Plan Approval of Staggers Mixed- Use Project. The property is approximately 0.20 acres and is zoned B-2 – General Business District. The property is located on Morphy Avenue west of S. School Street. PPIN #: 77834. (Planning Commission unanimously recommends approval of SR 24.07). Page 1 of 481 City Council Regular Meeting March 24, 2025 Page - 2 - 12. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 2 for (Bid No. 2023WWF-034) Working Waterfront and Greenspace Restoration project with a cost of $251,690.30; and to award Change Order No. 2 to Rolin Construction, Inc. The new contract total will be $10,240,069.76. Authorize transfer from the General Fund to the Federal Grants Fund in the amount of $251,690.30. 13. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract Amendment No. 1 with PipeSuite, A Division of Payne Management, Inc. for Professional Consulting Services (RFQ PS24-023) with a not-to-exceed amount of $10,080.00. The new contract total will be $63,240.00. 14. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Traffic Engineering Services for (RFQ PS25-024) for the Twin Beech Corridor Study to Neel-Schaffer, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 15. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Volkert, Inc. for Professional Engineering Services for (RFQ PS25-011) for the Airport Industrial Park Environmental Assessment with a not-to-exceed contract amount of $104,518.00. Authorize budget transfer from the General Fund to the Capital Project fund in the amount of $104,518.00. 16. Resolution - That the City of Fairhope approves the procurement of a Complete Weather Safety System for Founders Park and Fairhope Soccer Complex from Perry Weather as the sole source, and authorizes procurement based on the option by the Code of Alabama 1975, Section 41-16-51(13) with a not-to-exceed purchase cost of $30,000.00, $3,000.00 per year subscription cost, plus a one-time shipping fee of $800.00; and authorizes Mayor Sherry Sullivan to execute a contract. 17. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the installation of an ADA ramping system for entry to Majors Field to MH McLaughlin, LLC. for a not-to-exceed cost of $17,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 18. Resolution - That the City of Fairhope approves the procurement of Cable Television Services for the City of Fairhope Recreation Center from Mediacom Business with a not-to-exceed monthly cost of $482.95, plus an installation/setup fee of $149.95; and authorizes Mayor Sherry Sullivan to execute a contract. 19. Resolution - That the City Council hereby approves the negotiated price and contract terms and conditions for Bid No. 25-015 Beverage Vending and Concession Annual Contract and awards the bid to Coca-Cola Bottling United-Central, LLC with the total bid proposal attached. Page 2 of 481 City Council Regular Meeting March 24, 2025 Page - 3 - 20. Resolution - That the City Council authorizes and approves hiring a Driver (Grade 4), assigned to work at the Nix Center to assist with delivering meals to home-bound senior citizens, to allow the current Driver (Grade 4) who is retiring April 17, 2025, to work together and train the new employee prior to retirement. This is beneficial to both the City and the new employee. The temporary position will expire upon the retirement of the current Driver. 21. Resolution - That the City of Fairhope authorizes Mayor Sherry Sullivan to execute a Change Order No. 1 for the agreement with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. This change order will add custodian services for the Nix Center. This change order will increase the not-to-exceed cost to $75,000.00. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $23,000.00 from Nix Salaries 001300-50040 to Temp Contract Labor 001300-50245. 22. Resolution - That the City of Fairhope approves the procurement of ClearGov Budget Book Software for a not-to-exceed cost of $5,850.00 for FY2025 and $11,700.00 for FY2026, and authorize Mayor Sherry Sullivan to execute the Service Order. This purchase is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(11). 23. Resolution - That the City of Fairhope approves the procurement of a Genetec Server Storage Expansion for the Fairhope Municipal Jail that is on Omnia Partners (Contract #2018011-02) with SHI International Corp.; and therefore, does not have to be let out for bid. The total amount not-to-exceed $32,008.07. 24. Request - Friends of the Halstead, Inc. - Street Closure on School Street between Morphy Avenue and Fairhope Avenue for Live at Five for Concert at Halstead Amphitheater for bus and truck parking for April 11, 2025, and April 25, 2025. 25. Public Participation – (3 minutes maximum) 26. Adjourn Regular Meetings of the Council shall be held on the 2nd and 4th Monday nights of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next Regular Meeting – Monday, April 14, 2025 – Same Time Same Place Page 3 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-929 FROM: Lisa Hanks, City Clerk SUBJECT: Approve minutes of March 10, 2025, Regular City Council Meeting and minutes of March 10, 2025, Work Session AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: City Council to approve minutes of March 10, 2025, Regular City Council Meeting and minutes of March 10, 2025, Work Session. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 4 of 481 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 10 March 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Burrell called the meeting to order at 6:05 p.m. The invocation was given by Reverend Amanda Doscher of St. James Episcopal Church and the Pledge of Allegiance was recited. Councilmember Robinson moved to amend the Agenda by adding the following item not on the printed agenda after Agenda Item No. 33: a Resolution that the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Development Agreement” with Daniel Realty Company, LLC. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Councilmember Robinson moved to approve minutes of the 20 February 2025, regular meeting; and minutes of the 20 February 2025, work session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Chief Stephanie Hollinghead addressed the City Council regarding K-9 Bauer and his retirement. She read the wording off the Retirement Plaque for K-9 Bauer and gave statistics from his career with the Fairhope Police Department. Chief Hollinghead gave Officer Babb a picture of K-9 Bauer with his badge. Councilmember Martin announced to everyone the GCC Baseball Tournament being hosted by the City of Fairhope: Monday through Thursday of this week. He said that the Fairhope team plays around 4:30 p.m. each day. Councilmember Conyers announced that Library Director Rob Gourlay and his wife are the proud parents of a baby girl. Councilmember Robinson stated the Mardi Gras Season is over; and he would like to thank the Police Department, Public Works Department, and any other City employees who worked and made this a success season. He announced that Saturday is opening day for Baseball; and hopes the weather is good. Page 5 of 481 10 March 2025 Councilmember Boone asked everyone to support the Fairhope Arts and Crafts Festival this weekend. Council President Burrell said we heard from FEEF, the Fairhope Art Center, the Pelican’s Nest, and the Fairhope High School regarding art. Council President Burrell said there are citizens and visitors that may need to get from one end of the Festival to the other; and these may be older folks or ones that may be disabled. Council President Burrell stated there was a need to add a resolution to use the Downtown Shuttle to shuttle people from the Civic Center Parking Lot back to the Center or Southern end of town during the Fairhope Arts and Crafts Festival . Councilmember Martin said the main reason is to let the citizens know about this service. Councilmember Boone introduced in writing, and moved for the adoption in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes the use of the Downtown Shuttle to shuttle people from the Civic Center Parking Lot back to the Center or Southern end of town during the Fairhope Arts and Crafts Festival; and to let the citizens know about this service. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5381-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes the use of the Downtown Shuttle to shuttle people from the Civic Center Parking Lot back to the Center or Southern end of town during the Fairhope Arts and Crafts Festival; and to let the citizens know about this service. ADOPTED ON THIS 10TH DAY OF MARCH, 2024 _____________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 6 of 481 10 March 2025 A Public Hearing was held as advertised on a proposed ordinance to amend Zoning Ordinance No. 1253. Councilmember Robinson introduced in writing an ordinance to zone the property of Tallawampa Properties LLC, for conditional annexation to R-1, Low Density Single-Family Residential District. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. PPIN #13818. The Planning Commission gave a favorable recommendation of this ordinance. Council President Burrell read the proposed ordinance. Development Services Manager Mike Jeffries briefly explained the proposed ordinance; and answered any questions if necessary. Council President Burrell opened the Public Hearing at 6:22 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:22 p.m. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 24, 2025 City Council meeting. Councilmember Martin introduced in writing an ordinance annexing the City of Fairhope property located at Section Street / 705 Twin Beech, Fairhope, Alabama. Contains 15.146 acres more or less. Tax Parcels 46-04-19-4-000-012.000 and 46-04- 19-4-000-041.000. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 24, 2025 City Council meeting. Councilmember Martin introduced in writing an ordinance amending Ordinance No. 522 and repealing and replacing Ordinance No. 1779 Parking Authority; Section 20-31: Said Parking Authority or Committee shall be composed of seven (7) members, and all such members shall be residents of the City of Fairhope, Alabama and over the age of 21 years. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 24, 2025 City Council meeting. Councilmember Conyers introduced in writing an ordinance approving an Application from Richard T. Barrett for a Franchise Agreement for Tennis and Pickleball at the Mike Ford Tennis Center. City Attorney Marcus McDowell stated there was need to amend Section 4.2 to remove coach Insurance Group; and on Page 6 of 9 Section 5.1 to remove N/A and add Franchise Agreement or Business. Councilmember Martin moved to amend the Franchise Agreement as stated by City Attorney McDowell. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Due to lack of a motion for immediate consideration, this ordinance will layover until the March 24, 2025 City Council meeting. Page 7 of 481 10 March 2025 Development Services Manager Mike Jeffries addressed the City Council to explain the Site Plan Review and Approval of property owned by Corte, Cave/Mitchell 1, LLC. The property is approximately 0.99 acres and is located on the northwest corner of State Highway 181 and State Highway 104, Fairhope, Alabama for a proposed Express Oil Change at Planters Pointe – Lot 8. PPIN #626313. (Planning Commission unanimously recommends approval of SR 24.06). Councilmember Martin moved to approve the Site Plan property owned by Corte, Cave/Mitchell 1, LLC listed above with Staff recommendations. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Development Services Manager Mike Jeffries addressed the City Council to explain the Site Plan Review of property owned by FST Encounter Development LLC. The property is approximately 0.20 acres and is zoned B-2 – General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 4 and is approximately 1.0 acres. PPIN #627494. (Planning Commission unanimously recommends approval of SR 25.03). Councilmember Martin questioned a traffic study. Mr. Jeffries explained that the traffic study was done when the initial development was approved. Councilmember Robinson moved to approve the Site Plan property owned by FST Encounter Development LLC listed above. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for (RFQ PS25-023) for Professional Consulting Services for Downtown Parking Study to Walker Consultants; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $50,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Council President Burrell stated he did not like the resolution this way; and this should have been a two-step process. He said this is a reluctant “aye.” * * * Page 8 of 481 10 March 2025 RESOLUTION NO. 5382-25 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 (RFQ PS25 - 023) for Professional Consulting Services for Downtown Parking Study to Walker Consultants; and hereby authorizes Mayor Sullivan to execute a contract with a not-to-exceed amount of $50,000.00. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _________________________________ 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 hereby authorizes and selects Sherry Sullivan (Mayor) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5383-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby authorizes and selects Sherry Sullivan (Mayor) to be the Voting Delegate during the annual meeting of the Alabama League of Municipalities. ADOPTED THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 481 10 March 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council adopts the following recommendation from the Street & Traffic Control Committee for a Crosswalk at South Mobile Street crossing at Elks Lodge and American Legion: Option B with a cost estimate of $9,005.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5384-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council adopts the following recommendation from the Street & Traffic Control Committee for a Crosswalk at South Mobile Street crossing at Elks Lodge and American Legion: Option B with a cost estimate of $9,005.00. Adopted this 10th day of March, 2025 ______________________________ 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 Mayor Sherry Sullivan is hereby authorized to execute a Contract with Paul Carpenter Davis Architects for Professional Architectural Design Services (RFQ PS25-019) for the New Police Precinct with a not-to-exceed amount of $97,540.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5385-25 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 Paul Carpenter Davis Architects for Professional Architectural Design Services (RFQ PS25-019) for the New Police Precinct with a not-to-exceed amount of $97,540.00. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 481 10 March 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between AltaPointe Health Systems, Inc. and the Fairhope Police Department to improve responses to individuals experiencing mental health crises, reduce the need for police involvement in non-criminal behavioral health-related situations, and ensure better access to appropriate care by providing five (5) iPads equipped with MyCare. The Police Department will reimburse AHS $425.00 per month for use of the iPads. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5386-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding between AltaPointe Health Systems, Inc. and the Fairhope Police Department to improve responses to individuals experiencing mental health crises, reduce the need for police involvement in non-criminal behavioral health-related situations, and ensure better access to appropriate care by providing five (5) iPads equipped with MyCare. The Police Department will reimburse AHS $425.00 per month for use of the iPads. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin stated that this is a good partnership with the Fairhope Police Department and AltaPointe Health Systems, Inc. He said this is a path going forward to help mental patients/criminals; and we need facilities to put them in not the jail. * * Page 11 of 481 10 March 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions for a three (3) year contract total cost of $117,978.38. RESOLUTION NO. 5387-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of the renewal of the Motorola Astro System Advanced Plus Package for the Police Department from Motorola Solutions for a three (3) year contract total cost of $117,978.38. This equipment is exempt from formal bidding per Code of Alabama 1975, Section 41-16- 57(b)(1). Motorola Solutions is the Sole Source provider. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes acceptance of the Department of Housing and Urban Development's (HUD) Community Project Funding (CPF) grant (B-24-CP-1L-0038) of $3,000,000.00 for the Fairhope Airport Industrial Park; and authorizes Mayor Sherry Sullivan to sign all necessary documents. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5388-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes acceptance of the Department of Housing and Urban Development's (HUD) Community Project Funding (CPF) grant (B-24-CP-1L-0038) of $3,000,000.00 for the Fairhope Airport Industrial Park; and authorizes Mayor Sherry Sullivan to sign all necessary documents. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _____________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 12 of 481 10 March 2025 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 PS25-011) for the Airport Industrial Park Environmental Assessment to Volkert, Inc.; 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. 5389-25 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 Services for (RFQ PS25-011) for the Airport Industrial Park Environmental Assessment to Volkert, Inc.; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _______________________________ 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 that the City Council authorizes submission of the Gulf of Mexico Alliance's (GOMA) Increasing Participation in the Clean and Resilient Marina Program Grant in the amount of $17,000.00; and authorizes Mayor Sherry Sullivan to sign all required grant application documents. The funding will be used to purchase educational signage, fuel dock spill equipment, green clean supplies for slip holders, and a weather station. These items were suggested during the Clean Marina certification inspection. No match is required. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Page 13 of 481 10 March 2025 RESOLUTION NO. 5390-25 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE GULF OF MEXICO ALLIANCE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes submission of the Gulf of Mexico Alliance's (GOMA) Increasing Participation in the Clean and Resilient Marina Program Grant in the amount of $17,000.00; and authorizes Mayor Sherry Sullivan to sign all required grant application documents. The funding will be used to purchase educational signage, fuel dock spill equipment, green clean supplies for slip holders, and a weather station. These items were suggested during the Clean Marina certification inspection. No match is required. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes acceptance of an Alabama Transportation Rehabilitation and Improvement Program-II (ATRIP-II) grant in the amount of $2,000,000.00; and authorizes Mayor Sherry Sullivan to sign all necessary documents on behalf of the City. The funding will be used to construct dedicated turn lanes on Volanta Avenue at the intersection with Greeno Road, acceleration and deceleration lanes on Greeno Road and signalization of the two roads. The City's share of the project will be $389,678.73 for preliminary engineering, construction costs beyond grant funding and utility relocates. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 14 of 481 10 March 2025 RESOLUTION NO. 5391-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes acceptance of an Alabama Transportation Rehabilitation and Improvement Program-II (ATRIP-II) grant in the amount of $2,000,000.00; and authorizes Mayor Sherry Sullivan to sign all necessary documents on behalf of the City. The funding will be used to construct dedicated turn lanes on Volanta Avenue at the intersection with Greeno Road, acceleration and deceleration lanes on Greeno Road and signalization of the two roads. The City's share of the project will be $389,678.73 for preliminary engineering, construction costs beyond grant funding and utility relocates. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Christian Preus Landscape Architect for Professional Architectural Services for the Redevelopment and Restoration of the Corner near Julwins (formerly Bancroft Corner) (RFQ PS25-022) with a not-to- exceed amount of $36,531.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5392-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract with Christian Preus Landscape Architect for Professional Architectural Services for the Redevelopment and Restoration of the Corner near Julwins (formerly Bancroft Corner) (RFQ PS25 -022) with a not-to- exceed amount of $36,531.00. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 15 of 481 10 March 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a Contract with Goodwyn Mills and Cawood, Inc. for Professional Architectural Services for the design of the Welcome Center Envelope project (RFQ PS25-015) with a not-to-exceed amount of $53,416.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5393-25 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 Goodwyn Mills and Cawood, Inc. for Professional Architectural Services for the design of the Welcome Center Envelope project (RFQ PS25-015) with a not-to-exceed amount of $53,416.00. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ 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 to award (Bid No. 25-020-2023-PWI-011) to Blade Construction, LLC for White Avenue Park Improvement Project with a bid proposal not-to-exceed $118,668.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * * Page 16 of 481 10 March 2025 RESOLUTION NO. 5394-25 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 White Avenue Park Improvement Project for the City of Fairhope (Bid No. 25-020-2023-PWI-011) 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 White Avenue Park Improvement Project [3] After evaluating the bid proposals with the required bid specifications, Blade Construction, LLC is now awarded the bid for White Avenue Park Improvement Project (Bid No. 25-020-2023- PWI-011) with a total bid proposal not-to-exceed of $118,668.00. Adopted on this 10th day of March, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 17 of 481 10 March 2025 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor, Materials and Equipment for the removal of a large tree at the Right of Way on the Bay side of the residence of 603 North Mobile Street to Big Green Tree Machine for a not-to-exceed project cost of $8,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Additionally, for the City of Fairhope to approve a transfer of $8,500.00 from 001350-50360 to 001360-50360 (General Maintenance) for this cost. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5395-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor, Materials and Equipment for the removal of a large tree at the Right of Way on the Bay side of the residence of 603 North Mobile Street to Big Green Tree Machine for a not-to-exceed project cost of $8,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Additionally, for the City of Fairhope to approve a transfer of $8,500.00 from 001350-50360 to 001360-50360 (General Maintenance) for this cost. DULY ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Sewer Tie In from Pier and Mobile at Fels Project to A-Long Boring, Inc. for a not-to-exceed project cost of $52,490.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 18 of 481 10 March 2025 RESOLUTION NO. 5396-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Sewer Tie In from Pier and Mobile at Fels Project to A-Long Boring, Inc. for a not-to-exceed project cost of $52,490.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the repair of a Travis Walking Floor Trailer for the Sanitation Department to Gulf City Body and Trailer Works, Inc. for a not-to-exceed cost of $29,958.50. Seconded by Councilmember Boone, motion passed unanimously by voice vote. RESOLUTION NO. 5397-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the repair of a Travis Walking Floor Trailer for the Sanitation Department to Gulf City Body and Trailer Works, Inc. for a not-to-exceed cost of $29,958.50. DULY ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 481 10 March 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council authorizes the submission of the Alabama Department of Environmental Management's (ADEM) Alabama Recycling Fund (ARF) for the purchase of 6,000 residential recycling carts at a cost of $312,000.00. This is 100% reimbursable grant with no City match. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5398-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes the submission of the Alabama Department of Environmental Management's (ADEM) Alabama Recycling Fund (ARF) for the purchase of 6,000 residential recycling carts at a cost of $312,000.00. This is 100% reimbursable grant with no City match. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _______________________________ 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 that the City Council approves amending Bid No. 024-16 to add $5,000.00 to cover the actual cost of the invoices for Flame Resistant (FR) Uniform Shirts Annual Contract to increase the total bid amount from $45,000.00 to $50,000.00. Seconded by Councilmember Martin, motion passed unanimously by voice vote. * * * Page 20 of 481 10 March 2025 RESOLUTION NO. 5399-25 WHEREAS, the City of Fairhope did request, receive, and open bids to procure services for (Bid No. 24-016) for Flame Resistant (FR) Uniform Shirts Annual Contract; and at the appointed time and place, the following bids were opened and tabulated; and WHEREAS, on February 19, 2024 the City Council awarded Bid No. 024-16 to Image Solutions USA with a total bid proposal not-to-exceed of $45,000.00. WHEREAS, there is a need to add an additional $5,000.00 to this contract to cover the actual cost of the invoices. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves amending Bid No. 024- 16 to add $5,000.00 to cover the actual cost of the invoices for Flame Resistant (FR) Uniform Shirts Annual Contract to increase the total bid amount from $45,000.00 to $50,000.00. DULY ADOPTED THIS 10TH DAY OF MARCH, 2025 _______________________________ 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 Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 of (Bid No. 24-016) Flame Resistant (FR) Uniform Shirts Annual Contract with Image Solutions USA with annual not-to- exceed contract $50,000.00, per the terms and conditions of the original contract. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 21 of 481 10 March 2025 RESOLUTION NO. 5400-25 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. 1 for (Bid No. 24-016) Flame Resistant (FR) Uniform Shirts Annual Contract with Image Solutions USA with an annual not-to- exceed contract amount $50,000.00, per the terms and conditions of the original contract. ADOPTED ON THIS 10TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers moved to grant the request of Sandy Tormoen, Board President of Baldwin County Trailblazers requesting the use of the sidewalks and grassy areas of Utopia Park on Saturday, May 17, 2025, from 12:00 p.m. to 5:00 p.m. for their annual Chalk the Trail Event with an alternate rain date of May 18, 2025. The event raises awareness as well as funds for the Baldwin County Trailblazers. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by Drew Burroughs for Burroughs, Barnhill, and Matthews LLC d/b/a Fairhope Social Club located at 14 North Church Street, Fairhope, Alabama 36532. Councilmember Robinson moved to approve the issuance of the license. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Councilmember Martin moved to appoint Mitchell “Mitch” Skrmetta and Susanna Freeman to the Airport Authority for a six-year term which will expire March 31, 2031. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 22 of 481 10 March 2025 Councilmember Boone moved to appoint Councilmember Jimmy Conyers to the Parking Authority for a four-year term which will expire March 2029. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Development Agreement” with Daniel Realty Company, LLC. The motion was seconded by Councilmember Conyers. RESOLUTION NO. 5401-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council of the City of Fairhope, Alabama hereby authorizes Mayor Sherry Sullivan to execute the attached “Development Agreement” with Daniel Realty Company, LLC. Adopted this 10th day of March, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Attorney Chris Williams addressed the City Council and summarized the obligations and rights under the Development Agreement. Councilmember Conyers said it is a win for the Community with a 265 reduction in lots. Council President Burrell said this is enhancing the quality of life with a 265 lot reduction as previously mentioned. He said it will be a win-win for all. After further, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Carmen Potts, 20697 Lawrence Road, addressed the City Council regarding Riviera Utilities and smart meters. Ms. Potts said she was threatened by two employees from Riviera; and told her “if you do not let us put it on, then, we will cut off all utilities.” Ms. Potts said Federal law says you must ask but it is not mandatory. She is against smart meters and these are health hazards. Page 23 of 481 10 March 2025 2) Rebecca Titford, 553 Marsim Drive, addressed the City Council regarding the Development Agreement; and questioned Impact Fees. Ms. Titford was told that Impact Fees were for development inside the City limits only; and this development is in the County. Councilmember Boone moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:27 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 24 of 481 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 10 March 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin (arrived at 5:22 p.m.), Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember and were absent Council President Burrell called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Discussion of Potential Storm Drain Art Project in Partnership with Eastern Shore Art, Pelican's Nest and the Fairhope High School Art Department by Nicole Love. (See attached Power Point Presentation) Lindsey Lawrence with the Eastern Shore Art Center, Bryant Baggett with the Fairhope High Art Department, Casey Hardman with the Pelican’s Nest, and Celeste Rivenbark with FEEF and the Pelican’s Nest addressed the City Council and explained their role with this project. The Project will begin sometime next school year after the grant is possibly received. • The next Agenda Item was the Discussion of James P. Nix Center Revisions and Updates to Resolution No. 1409-07 by Community Affairs Director Paige Crawford. She went over the main revisions and updates. Ms. Crawford mentioned insurance and Certificate of Liability Insurance. • The Fairhope Museum of History Update and Discussion of Guidelines for Deaccession of Archival Items was presented by Museum Director Gabe Gold-Vukson. He said the focus is on archives and the increased risk to our archives. Mr. Gold-Vukson said the facility itself is the issue. He said there should be no mixed-use for archives and storage; and the Pecan Avenue archives should be corralled and fenced off. • Councilmember Conyers announce that the Library Director Rob Gourlay and his wife had a baby girl. • Council President Burrell said the Fairhope Airport Authority meets tomorrow. • Water and Wastewater Superintendent Daryl Morefield addressed the City Council regarding Agenda Item No. 25; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No. 13, No. 14, No. 20, No. 21, No. 22, and No. 23; and answered any questions if needed. He gave an update on the Magnolia Beach Restoration Project. • Public Works Director George Ladd addressed the City Council regarding Agenda Items No. 24, No. 26, and No. 27; and answered any questions if needed. Page 25 of 481 Monday, 10 March 2025 Page -2- • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Items No. 15, No. 16, and No. 31; and answered any questions if needed. • Development Services Manager Mike Jeffries addressed the City Council regarding Agenda Items No. 5, No. 9, and No. 10; and answered any questions if needed. • Council President Jack Burrell addressed the City Council and stated a need to add on to the City Council Agenda after Agenda Item No. 33: a resolution for a Development Agreement with Daniel Realty Company, LLC. Attorney Chris Williams addressed the City Council and summarized the obligations and rights under the Development Agreement. Council President Burrell said we need to educate the public for this agreement. The consensus of the City Council was this is a good agreement for the City of Fairhope and they are doing it the right way. Council President Burrell mentioned that if some time in the future the developer/owner can annex, they will annex into the City. • Council President Burrell addressed the City Council regarding Agenda Items No. 7 and No. 33; and answered any questions if needed. • Councilmember Corey Martin addressed the City Council regarding Agenda Item No. 8; and answered any questions if needed. City Attorney Marcus McDowell stated there was a need to change a couple of items in the Franchise Agreement: Section 4.2 to remove coach Insurance Group; and on Page 6 of 9 Section 5.1 to remove N/A and add Franchise Agreement or Business. • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No. 28, and No. 29; and answered any questions if needed. She said the Audit will released this week. There being no further business to come before the City Council, the meeting was duly adjourned at 5:58 p.m. ______________________________ Jack Burrell, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 26 of 481 City of Fairhope Storm Drain Art Project Page 27 of 481 What and Why? •What? •Main goal – to create art on and around some of our storm drains to make them stand out in a visually appealing manner to raise awareness about the connection between storm drains, urban stormwater runoff, and pollution •Audience – the project focus is on high school students but the target audiences are residents and visitors •Why? •Important for our youth, residents and visitors to understand that all our storm drains eventually lead to Mobile Bay. Want to promote that ONLY RAIN BELONGS IN THE DRAIN. •Aligns with our goals for reducing litter entering the Bay •As part of our MS4 permit we are required to do Education and Outreach and we are always looking for unique and creative ways to reach our audiences. Page 28 of 481 Page 29 of 481 Where? •Approximately 10 storm drains around the City – primarily in the downtown area and near the three schools. Page 30 of 481 Who? •Eastern Shore Art Center •Grant submission and management •Provide space for reception and unveiling of selected art design •Possibly have prints or originals of the winning designs for display •Media promotion •Fairhope High School Art Department •Art students will compete for storm drain designs •Students will learn about water pathways, conservation efforts, etc. to help inform their paintings. •Winning students will paint their art on the storm drains with the help of art liaisons from ESAC and oversight from Public Works •Pelican’s Nest •Create a Field Experience Day to explain the “why” behind the project •Students will learn about water pathways, conservations efforts, etc. to help inform their art submissions •City of Fairhope •Assist in selecting the storm drains to be painted •Assist with grant writing •Help selecting winning designs •Media promotion Page 31 of 481 THANK YOU! Page 32 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1373 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Hearing – Ordinance – Amend Ordinance No. 1253 - to consider the request from the City of Fairhope Planning and Zoning Department, for an amendment to Table 3.1 of the City of Fairhope’s Zoning Ordinance. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: This is a simple Zoning Ordinance amendment to effectively remove Boarding House as an available use from any zoning district in the future. The Planning Commission unanimously recommended approval, as well as Staff. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 33 of 481 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to Table 3.1; and, WHEREAS, after the appropriate public notice and hearing of ZC 25.01, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1.THAT, Article III, Section B, Table 3.1 – Use Table, be hereby amended to read as follows: Boarding House/Dormitory Use shall be removed as an allowable use from Table 3.1. Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. END OF PROPOSED ORDINANCE Page 35 of 481 Planning Commission unanimously (8 Ayes, 0 Nays) voted to recommend approval of ZC 25.01. City Council March 24, 2025 Page 36 of 481 Page 37 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1360 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Final Adoption – Ordinance – Amend Zoning Ordinance No. 1253 - Request of the Applicant, Jay Broughton, on behalf of the Owner, Tallawampa Properties LLC, for conditional annexation to R-1, Low Density Single-Family Residential District. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. PPIN #: 13818. (Introduced at the March 10, 2025 City Council Meeting) AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: This was previously heard, the applicant revised their request from R-2 to R-1. Staff recommends approval for R-1 zoning (15,000 sf lots). BUDGET IMPACT/FUNDING SOURCE: GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 38 of 481 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded an unfavorable recommendation of R-2, Medium Density Single-Family Residential District, The property of Tallawampa Properties LLC located on the north side of Gayfer Road Ext. west of Bishop Road at 0 Gayfer Road Ext., Fairhope, AL. PPIN # 13818 Legal Description: (Case number ZC 24.09) FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, RUN THENCE EAST ALONG THE SOUTH BOUNDARY OF SAID SECTION 9 AND BEING THE CENTERLINE OF GAYFER STREET EXTENSION 30 FEET TO THE EAST LINE OF A DEDICATED 60-FOOT NORTH-SOUTH STREET; RUN THENCE NORTH 30 FEET TO AN IRON PIPE FOR THE POINT OF BEGINNING: RUN THENCE NORTH 631 FEET, MORE OR LESS, TO AN EAST-WEST FENCELINE; RUN THENCE EAST AND PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 9, A DISTANCE OF 357.76 FEET, MORE OR LESS, TO AN IRON PIPE; RUN THENCE SOUTH 632 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY OF GAYFER AVENUE EXTENSION; THENCE RUN WEST 357.76 FEET, MORE OR LESS, ALONG THE RIGHT-OF-WAY OF SAID GAYFER AVENUE EXTENSION TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 5.17 ACRES, MORE OR LESS, AND LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA. A map of the property to be rezoned is attached as Exhibit A. The property is hereby initially zoned R-1, Low Density Single-Family Residential District, concurrent with Annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. Page 39 of 481 Ordinance No. ____ Page -2- Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 24TH DAY OF MARCH, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 24TH DAY OF MARCH, 2025 _________________________________ Sherry Sullivan, Mayor Page 40 of 481 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( We, the undersigned PETITIONER(S). owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama, but being contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do. by these presents , hereby petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous. This petition is filed under authority of Section 11-42-21 , Code of Alabama, 1975, as amended . JI This petition is for R-1 Zoning D The condition of the Petition is that zoning be established as ______ _ Concurrent with Annexation. (Zoning Request) Is this property colony property ___ Yes X No. If this property is colony property, the Fairhope Single Tax Office must sign as a petitioner. tlf2'A /(~,,,., z...J DANIEL T. FORD ____.~_j,..--""---'----"'e('----'/ft~~-~~--PA iJ J,.P=-.:rin=t =pe__,_tl ...... t.,_io=n=e==-r,-s-n_a_m_e ____ _ ~/i~/'t. rr.,f ,~ LLL Signature of Petitioner Print petitioner's name Signature of Petitioner Print petitioner's name Physical Address of property being annexed: 0 GAYFER RD EXT, FAIRHOPE, AL 36532 Petitioner's Current Physical Address: 16559 COUNTY RD 3 FAIRHOPE, AL 36532 Petitioner's Current Mailing Address : 16559 COUNTY RD 3 FAIRHOPE, AL 36532 Telephone Number(s): _,_(_25_1-'-) _46_3_-8_7_7_5 _________ (_:_2_51_.:.)_4_50_-4_6_3_7 __ _ Home Work Tax Parcel ID Number: 05-46-02-09-0-000-013.000 Size of Property: 5.20 ACRES Page 41 of 481 Petition for Annexation Page -2- I, &c O.o~ ) . Lo~ a Notary Publicin and forsaid State and County, hereby certify that __ (\ ; Q,,, \ 7 -()l"J, whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and. being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this 21 day of f:tj)ruwj , 20 .L5_. ~no "'7 2 UJ¢f (Seal) otary Public My commission expires My Commission Expires 3~9-2025 I, ______________ a Notary Public in and for said State and County, hereby certify that _____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this ___ day of _____ , 20 __ , (Seal) Notary Public My commission expires ________ _ I, ______________ a Notary Public in and for said State and County, hereby certify that _____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this ___ day of _____ , 20 __ , (Seal) Notary Public My commission expires ________ _ Page 42 of 481 ZC 24.09 - Tallawampa Single Family Subdivision City of Fairhope City Council March 10, 2025 JUBILEE TRLBISHOP RDROLLING OAKS DRDYER RD GAYFER AVE EZELL LNGAYFER RD EXT GREENO RD NGAYFER RD EXTEZELL LNRoad Parcel ZONEClassification B-2 General Business District HTD – Highway Transitional District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District R-2 Medium Density Single-Family Residential District R-3 High Density Single-Family Residential District R-4 Low Density Multi-Family Residential District R-5 High Density Dwelling Residential District µ µ Project Name: Tallawampa Single Family Subdivision Site Data: 5.20 acres Project Type: Conditional Annexation to R-2 Jurisdiction: Fairhope Planning Jurisdiction Zoning District: N/A PPIN Number: 13818 General Location: North side of Gayfer Road ExtWest of Bishop Road Surveyor of Record: N/A Engineer of Record: Jay Broughton Owner / Developer: Tallawampa Properties LLC School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: DENIAL Prepared by: Mike Jeffries Planning Commission (6 Ayes) voted to recommend denial of ZC 24.09 Page 43 of 481 Page 44 of 481 Page 45 of 481 Page 46 of 481 TALLAWAMPA ADJACENT PROPERTY OWNERS LIST SUBJECT PROPERTY PARCEL ID: 05-46-02-09-0-000-013.000 TALLAWAMPA PROPERTIES LLC 16559 COUNTY RD 3 FAIRHOPE, AL 36532 PARCEL ID: 05-46-02-09-0-000-011.000 68V BTR HOLDINGS LLC 707 BELROSE AVE DAPHNE, AL 36526 PARCEL ID: 05-46-02-09-0-000-014.000 CREEL, RYAN PO BOX 175 MONTROSE, AL 36559 PARCEL ID: 05-46-05-16-0-000-004.000 FRANKLIN T & LINDA KAY TAYLOR PO BOX 677 FAIRHOPE, AL 36533 PARCEL ID: 05-46-05-16-0-000-003.002 FRANKLIN T & LINDA KAY TAYLOR PO BOX 677 FAIRHOPE, AL 36533 PARCEL ID: 05-46-05-16-0-000-008.000 AJ4 PROJECT LLC PO BOX 1247 FAIRHOPE, AL 36533 PARCEL ID: 05-46-05-16-0-000-009.001 FAIRHOPE, ALABAMA CONGREGATION OF JEHOVAH'S WITNESS PO BOX 663 FAIRHOPE, AL 36532 PARCEL ID: 05-46-05-16-0-000-009.004 ROBERT HALL KLEIN 8356 GAYFER RD EXT FAIRHOPE, AL 36532 Page 47 of 481 TALLAWAMPA ADJACENT PROPERTY OWNERS LIST PARCEL ID: 05-46-05-16-0-000-009.000 KAREN KLEIN MCCAIN 8282 GAYFER RD EXT FAIRHOPE, AL 36532 PARCEL ID: 05-46-02-09-0-000-012.001 SPLIT ROCK LLC PO BOX 529 FAIRHOPE, AL 36532 PARCEL ID: 05-46-02-09-0-000-012.000 LADNIER PROPERTIES LLC 601 MAGNOLIA AVE DAPHNE, AL 36526 Page 48 of 481 1 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 Summary of Request: Applicant, Jay Broughton, acting on behalf of the Owner, Tallawampa Properties LLC, is requesting conditional annexation to R-2, Medium Density Single-Family Residential District to be known as the Tallawampa Subdivision. The property is approximately 5.20 acres and is located at 0 Gayfer Road Ext. The property is currently zoned RSF-E by Baldwin County. Figure 1: Map of subject and adjacent properties. Page 49 of 481 2 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 County Zoning Map Comments: The subject property currently is vacant. The subject property is bordered to the East by a Fairhope PUD “Tin Tops at Gayfer” Ordinance #1789, to the north by County zoned RA, the west by County zoned B1, and south across Gayfer Rd. Ext. by County zoned RSF-E and County zoned B2. As with any request for a zoning map amendment, we must consider the initial desire, as well as how the property may be utilized in the future. The surrounding area zoned by Baldwin County is recent. The surrounding properties were developed while the properties were unzoned. Thus giving a mixture of uses in the area. Staff does not believe this area supports the density of R-2. R-2 has a lot size minimum requirement of 75’ wide and 10,500sf minimum lot area. Annexing into the City as R-1 would be a more Page 50 of 481 3 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 appropriate zoning. The current RSF-E County zoning requires 165’ minimum wide lot frontage and 80,000sf minimum lot area. A Re-Zoning Request is considered a Zoning Map Amendment, and the application is reviewed pursuant to the Criteria in Art. II, Section B(1)(e). (1)Compliance with the Comprehensive Plan; Response: The 2024 Comprehensive Plan has this area categorized as Suburban Residential areas which includes some of the largest lot sizes within single-family detached neighborhoods in Fairhope. (2)Compliance with the standards, goals, and intent of this ordinance; Response: Does not meet. The property is currently zoned RSF-E by Baldwin County and the most similar district is R-1. (3)The character of the surrounding property, including any pending development activity; Response: Does not meet. The surrounding properties area comprised of larger lots with the buildings pushed away from the street. (4)Adequacy of public infrastructure to support the proposed development; Response: Meets. A subdivision would require improvements to the existing infrastructure. (5)Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: Meets. This zoning change will not negatively impact natural resources or current/future conditions. The Zoning Ordinance and Tree Ordinance already provide protections and buffers. (5)Compliance with other laws and regulations of the City; Response: Meets. Any future development is subject to all applicable laws of the City. (6)Compliance with other applicable laws and regulations of other jurisdictions; Response: Meets. Any future development is subject to all applicable laws. (7)Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and Response: Adjacent properties would be impacted less by a less dense zoning. (8)Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Adjacent neighborhoods would be impacted less by a less dense zoning. Page 51 of 481 4 ZC 24.09 Conditional Annexation Tallawampa Properties, LLC to R-2 December 2, 2024 Recommendation January 27, 2025: Staff recommends DENIAL of ZC 24.09, Conditional Annexation to R-2, Gayfer Rd Ext, Tallawampa Properties. Recommendation: Staff recommends Approval of ZC 24.09, Conditional Annexation to R-1, Gayfer Rd Ext, Tallawampa Properties. Page 52 of 481 Page 53 of 481 Page 54 of 481 Page 55 of 481 Page 56 of 481 Page 57 of 481 Page 58 of 481 Page 59 of 481 Page 60 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1288 FROM: Sherry Sullivan, Mayor Lisa Hanks, CITY CLERK SUBJECT: Final Adoption - Annexation of City of Fairhope property located at Section Street / 705 Twin Beech, Fairhope, Alabama. Contains 15.146 acres more or less. Tax Parcels 46-04-19-4-000-012.000 and 46-04-19-4-000-041.000. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance to annex City of Fairhope property located at Section Street / 705 Twin Beech, Fairhope, Alabama. Contains 15.146 acres more or less. Tax Parcels 46-04-19-4-000-012.000 and 46-04-19-4-000-041.000 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 61 of 481 ORDINANCE NO. ____ WHEREAS, CITY OF FAIRHOPE, the owner of the hereinafter described property, did, in writing, petition the City of Fairhope, a municipal corporation, for annexation under Section 11-42-21 of the Code of Alabama, 1975, as amended; and WHEREAS, a map of said property is attached to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to-wit: Property is located at Section Street/705 Twin Beech Road, Fairhope, Alabama. LEGAL DESCRIPTION: TAX PARCELS 46-04-19-4-000-012.000 and 46-04-19-4-000-041.000 (PPIN 62123 and PPIN 62124) PARCEL A: From the Southeast corner of Section 19, Township 6 South, Range 2 East, run North a distance of 30 feet and West a distance of 672 feet for the Point of Beginning; thence North 00°30’ East, a distance of 633 feet to a point; thence West a distance of 79 feet to a point; thence South 00°30’ West a distance of 633 feet to a point; thence East a distance of 79 feet to the Point of Beginning. PARCEL B: Beginning 335 feet West of the Northeast corner of the Southeast Quarter of the Southeast Quarter of Section 19, Township 6 South, Range 2 East, Baldwin County, Alabama, run West 335 feet to a point; thence South 663 feet to a point; thence East 335 feet to a point; thence North 663 feet to the Point of Beginning. PARCEL C: The Southeast Quarter of the Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4 of SE 1/4) of Fractional Section 19, Township 6 South, Range 2 East, lying in Subdivision No. 8 according to the Public Land Survey of said Section. SUBJECT, HOWEVER, TO THE FOLLOWING: 1. Right of way to Baldwin County recorded in Real Property Book 384, Page 583. 2. Right of way to Baldwin County recorded in Real Property Book 384, Page 590. 3. The property conveyed herein shall not be used for a purpose that does not serve a public and/or educational purpose without the express written consent of the Granter. Page 62 of 481 Ordinance No. _____ Page -2- This property shall be zoned R-1, Low Density Single-Family Residential District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County, Alabama. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 24TH DAY OF MARCH, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 24TH DAY OF MARCH, 2025 ______________________________ Sherry Sullivan, Mayor Page 63 of 481 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION STATE OF ALABAMA COUNTY OF BALDWIN )( )( We, the undersigned PETITIONER(S) owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the CoipOrate Limits of the City of Fairhope, Alabama, but being contiguous to the said CoipOrate Limits ~ and such property not lying within the corporate limits or police jurisdiction of any other municipality do , by these presents hereby petition the City of Fairhope, a municipal corporation that said property be annexed into the City ofFairhope Alabama. The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous. This petition is filed under authority of Section 11-42 -21 , Code of Alabama , 1975 , as amended . ~J' This petition is for R-1 Zoning D The condition of the Petition is that zoning be established as ______ _ Concurrent with Annexation. (ZoDiD1 RNluttt) Is this property colony property ___ Yes X No. If this property is colony ~rty, the F • ope Single Tax ?ffice must sign as a petitioner. Signatme of Petitioner Signature of Petitioner Sheny Sullivan, Mayor Print petitioner's name Print petitioner's name Print petitioner's name Physical Address of property being annexed : Section Street/705 Twin Beech Road Petitioner 's Current Physical Address: 161 North Section Stre et Fairhope , Alabama 36532 Petitioner 's Current Mailing Address : P. 0 . Drawer 429 Fairhope , Alabama 36533 Telephone Number(s): ______________ 25_1_-_92_8_-2_1_3_6 __ _ Home Tax Parcel ID Number: 46 -04 -19 -4 -000-012 .000 46 -04 -19 -4-000 -041 .000 Work Size of Prope11y : 15 .146 ac res PPIN 62123 and PPIN 62124 Page 64 of 481 Petition for Annexation Page -2- I, Lisa A. Hanks , City Clerk a Notary Public in and for said State and County , hereby certify that Sherry Sullivan, Mayor whose name(s) is /are signed to the forgoing Petition and who is/are known to me , this day appeared before me and , being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears My commission expires I, _____________ a Notary Public in and for said State and County, hereby certify that ____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and , being first duly sworn , acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this ___ day of ____ __, 20 __ , (Seal) Notary Public My commission expires ________ _ I, _____________ a Notary Public in and for said State and County, hereby certify that ____________ whose name(s) is /are signed to the forgoing Petition and who is/are known to me, this day appeared before me and , being first duly sworn , acknowledge that he/she/they have vol~tarily executed this Petition on this day same bears date. Given under my Hand and Seal this ___ day of ____ ~ 20 __ , (Seal) Notary Public My commission expires ________ _ Page 65 of 481 -Road □ Corporate Limits Cl Parcel • B-1 -Local Shopping District • M-1 -Light Industrial District PUD -Planned Unit Development R-1 -Low Density Single-Family • R-3 -High Density Single-Family Exhibit A Parcel ID: 05-46-04-19-4-000-012.000 PPIN: 62123 Parcel ID: 05-46-04-19-4-000-041.000 PPIN: 62124 Page 66 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1297 FROM: Jack Burrell, Council President SUBJECT: Final Adoption - An Ordinance amending Ordinance No. 522 and repealing and replacing Ordinance No. 1779 Parking Authority; Section 20-31: Said Parking Authority or Committee shall be composed of seven (7) members, and all such members shall be residents of the City of Fairhope, Alabama and over the age of 21 years. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: That the City Council adopts An Ordinance amending Ordinance No. 522 and repealing and replacing Ordinance No. 1779 Parking Authority; Section 20-31: Said Parking Authority or Committee shall be composed of seven (7) members, and all such members shall be residents of the City of Fairhope, Alabama and over the age of 21 years. 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 67 of 481 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 522 AND TO REPEAL AND REPLACE ORDINANCE NO. 1779 PARKING AUTHORITY BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinances, City of Fairhope, Alabama, Ordinance No. 522, Chapter 20, Article II, Parking, Section 20-31: -Same—Created; membership, qualifications, terms are hereby amended to reflect the following changes and additions: Amend the following: Section 20-31. -Same—Created; membership, qualifications, terms. (a) There is hereby created a Parking Authority or Parking Committee by the City Council with respect to the development, creation, operation, and general supervision of any and all matters related to public parking. Said Parking Authority or Committee shall be composed of seven (7) members, and all such members shall be residents of the City of Fairhope, Alabama and over the age of 21 years. (b) All members of the Parking Authority or Committee shall serve for terms of four (4) years. (c) The Parking Authority or Committee may remove any member who misses more than two (2) consecutive meetings. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 24TH DAY OF MARCH, 2025 ________________________________ Jack Burrell, Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 24TH DAY OF MARCH, 2025 ________________________________ Sherry Sullivan, Mayor Page 68 of 481 ORDINANCE NO. 1779 AN ORDINANCE TO AMEND ORDINANCE NO. 522 AND TO REPEAL AND REPLACE ORDINANCE NO. 1727 PARKING AUTHORITY BE IT ORDAINE D BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The Code of Ordinances , City of Fairhope, Alabama , Ordinance No. 522, Chapter 20, Article II , Parking , Section 20-31: -Same-Created; membership, qualifications , term s are hereby amended to reflect the following changes and additions: Amend the following: Section 20-31. -Same-Created; membership, qualifications , terms. (a) There is hereby created a Parking Authority or Parking Committee by the City Counci l with respect to the development , creation , operation, and genera l supervision of any and all matters related to public parking . Said Parking Authority or Committee shall be composed of seven (7) members. All such members shall be either a resident of Fairhope, own a business in the Central Business Di strict of Fairhope or be emp loyed by an educational institution adjacent to the Central Business District. (b) All members of the Parking Authority or Committee shall serve for terms of four (4) years. (c) The Parking Authority or Committee may remove any member who misses more than two (2) consecutive meetings . Severability. The sections, paragraphs , sentences , clauses and phrases of this ordinance are severable, and if any phrase , clause , sentence , paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections , since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause , sentence , paragraph or section. Effective Date . This ordinan ce shall take effect upon its due adoption and publication as required by law . ADOPTED AND APPROVED THIS 10TH DAY OF JULY , 2023 ATTEST: ADOPTED AND APPROVED THIS 10TH DAY OF JULY , 2023 Page 69 of 481 ORDINANCE NO. AN ORDINANCE, TO PROVIDE FOR THE PLANNING, DESIGN, LOCATION, FINANCING, ACQUISI- TION OF PROPERTY FOR, CONSTRUCTION, ALTERATION, ENLARGEMENT, USE, MAINTENANCE, OPERATION, AND FOSTERING OF'WF-STREET AUTOMOBILE PARKING FACILITIES IN THE CITY OF FAIRHOPE; AND TO CREATE A PARKING'AUTHORITY OR PARKING COMMITTEE, PROVIDING FOR. ITS. MEMBERSHIP, AUTHORITIES AND DUTIES. SECTION I: It is hereby determined and declared that in the City of Fairhope the free circulation of traffic of all kinds through the streets of said City is necessary to the health, safety and general welfare of the public; that in re- cent years, the greatly increased use by the public of motor vehicles of all kinds has caused serious traffic congestion in the streets of said City; that the parking of motor vehicles in the streets has contributed to this congestion; that such congestion prevents the free flow,of traffic in, through and from the City of Fairhope and impedes the rapid and effective fighting of fires and dispositior of its Police Force, threatens irreparable loss in the values of urban property otthin the City -which can no longer be readily reached by vehicular traffic and endangers the health, safety and welfare of the general public; that this traffic Go.ngestion is not capable of being adequately abated except by provisions of sufficient off-street parking facilities; that adequate off-street parking faci- itties have not been provided and parking spaces now existing must be forthwith supplemented fir off-street parking facilities provided by public undertaking; and fiat the enactment of the provisions of this Ordinance is hereby declared to be public necessity, which said Ordinance is enacted by authority of a Special ict of the Legislature known as Act No. 11.33, and approved by the voters of the iunicipality of the City of Fairhope, Fairhope, Alabama by special referendum Leld on December 18, 1973. ZCTION 2: There is hereby created a parking Authority or Parking Committee by he Mayor and City Council ofthe City of Fairhope with respect to the development reation, operation and general supervision of any and all matters related to ublic parking. Said Parking Committee shall be composed of seven (7) members, nd all such members shall be residents of the City of Fairhope, Alabama and over he age of 21 years. Insofar as is nearly mathematically possible, of the members first pointed under this Ordinance, one-third shall be appointed for a term of two ars, one-third for a term of three years and one-third for a term of four years, ereafter, all members of the Committee or Parking Authority shall serve for rms of four years. j Page 70 of 481 SECTION-3:., The Parking Authority or Parking Committee created by this Ordinance is hereby authorized and empowered to acquire, receive, take and hold, whether by purchase, gift; lease, devised, (or condemnation but only after being approve) by resolution of the Mayor and Council of the City of Fairhope), or otherwise, property of every description, whether real, personal or mixed, and to manage said property and to develop any undeveloped property owned , leased or con- trolled by such Parking Authority for the purposes hereinafter set out; to exe- cute such contracts and other instruments and to take such other actions as may be necessary and convenient to carry out the provisions of this Ordinance or to exerctse the power granted hereunder; to plan, establish; acquire, construct, enlarge, improve, maintain, equip, operate and regulate and protect the said Parking Facilities. SECTION 4:', TheParki.ng Authority or Parking Committee created hereunder shall see to the maintenance of said Parking Facility or Facilities, and carry all proper insurance (including liability insurance), with the respect thereto, the estimated costs of maintaining the Parking Facility in good repair and keeping it properly insured. SECTION 5: The Parking Authority or Parking Board created hereunder, shall use the revenue for the rentals of tte Parking Facility or Facilities, to pay the costs of the acquisition of the said property, to pay the costs of maintaining the Parking Facility or Facilities and keeping the same in good repair and keep tng the property insured, and any net revenues over and above the said costs of acquisition of properties and the maintenance and operation of the Facility or Facilities and insurance for came, shall be paid over to the City of Fairhope, to its. general fund. SECTION 6:- All property and income of the Authority shall be exempt from all State, County, Municipal and other local taxation; provided, however, this ex- emption shall not be construed.to exempt,'concessionaires, licensees, tenants, operators or lessees of or on any Parking Facility owned by the Authority for the payment of any taxes, including license or privilege taxes levied by the Sta County or any Municipality in the State. SECTION 7:' If any Section, provision, or clause of this Ordinance shall be de- clared i.nvali'd or unConstituti.onal, by any Court.of competent jurisdiction, such larat%on shall not affect the part or parts which remain. e , 5 )' Page 71 of 481 E 0 This Ordinance shall become effective upon its due adoption, and pubilcatlon as required by lavr. ADOPTED THIS THE DAY OF 1974. ATTEST: CITY CLERK Page 72 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1316 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: Final Adoption - Application from Richard T. Barrett for a Franchise Agreement Tennis and Pickleball for at the Mike Ford Tennis Center AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: That the City Council approves the Application from Richard T. Barrett for a Franchise Agreement Tennis and Pickleball for at the Mike Ford Tennis Center 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 73 of 481 ORDINANCE NO. ____ BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. The City of Fairhope, Alabama, having received an application from Richard T. Barrett for a franchise agreement to Teach Tennis and Pickleball, at the following location described: Mike Ford Tennis Center at Stimpson Park, 600 Morphy Avenue, Fairhope, Alabama and it is to be in the best interest of the public and the City of Fairhope, Alabama, to grant a franchise to Richard T. Barrett under the terms and conditions of the franchise agreement attached hereto as “Exhibit A” including the fees that shall be paid to the City with respect to same. SECTION 2. Pursuant to the authority granted by Section 11-40-1 and 11-43-62 of the Code of Alabama of 1975, the Mayor of the City of Fairhope, Alabama, is hereby directed to execute said franchise agreement in the name of the City of Fairhope, Alabama. SECTION 3. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 24TH DAY OF MARCH, 2025 __________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 24TH DAY OF MARCH, 2025 __________________________________ Sherry Sullivan, Mayor Page 74 of 481 City of Fairhope – Franchise Agreement Page 1 of 9 FRANCHISE AGREEMENT This Agreement is made and entered into by and between the City of Fairhope, Alabama (“City”) a municipal corporation and Richard T. Barrett , (“Grantee”). RECITALS Grantee is a sole proprietor with a principal place of business at Mike Ford Tennis Center located at 600 Morphy Avenue , Fairhope, AL 36532. Grantee is engaged in the business of Teaching Tennis and Pickleball to the public. Grantee proposes to install and operate N/A at the Mike Ford Tennis Center . Grantee requests that the City grant to Grantee a franchise to install, maintain and operate this business on public property at the Mike Ford Tennis Center . In consideration of the mutual covenants, promises and conditions set forth herein the parties agree as follows: SECTION 1 Section 1.1 DEFINITIONS Unless otherwise specially provided, or unless clearly required by the context, the words and phrases defined in this section shall have the following meanings when used in this Ordinance and Franchise Agreement: (1) MAYOR: Shall mean the Mayor of the City of Fairhope (2) COUNCIL: Shall mean the City Council of Fairhope, the governing body of City of Fairhope, Alabama. (3) CITY: Shall mean City of Fairhope, Alabama, which is governed by the Fairhope City Council. (4) FRANCHISE: Shall mean the franchise granted under the provisions of the Ala. Code §11-40-1, et seq., which authorizes municipalities to contract and to be contracted with. A “franchise” as used in this agreement is a special privilege not belonging to the citizens by common right but conferred by a municipality upon an individual or corporation. (5) GRANTEE: Shall mean Richard T. Barrett to whom a franchise has been granted by the City or anyone who succeeds Richard T. Barrett , in accordance with the provisions of the franchise. Page 75 of 481 City of Fairhope – Franchise Agreement Page 2 of 9 (6) GROSS REVENUES: Shall mean all revenues received by the Grantee from or in connection with the operation of the franchise to provide services in the City of Fairhope pursuant to this franchise agreement. (7) PERSON: Shall mean an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (8) SERVICE AREA: Shall mean the geographical area within City of Fairhope and specifically defined as follows: Mike Ford Tennis Center located at 600 Morphy Avenue, Fairhope, Alabama . Section 1.2 REQUIREMENTS FOR FRANCHISE A Franchise Agreement is entered into when the person is using public property to conduct a business but is not leasing said public property. (a) No person shall engage in the construction, operation, or maintenance of a private business on public property in the City unless such person or the person for whom such action is being taken shall hold a valid franchise granted by the City. (b) Any franchise granted by the City pursuant to these rules and regulations shall not be deemed to be an exclusive right of permission. The City expressly reserves the right to grant similar nonexclusive franchises to other persons. (c) In the event the City enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than the Grantee to enter into the City’s Public Rights-of-way or public property for the purpose of operating a private business on public property in any part of the City, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. (d) No franchise shall be granted by the City in the Central Business District located in downtown Fairhope. (e) No franchise shall be granted by the City to any food vendor who does not show proof of ServSafe certification. (f) No franchise shall be granted by the City to any vendor requiring a running water supply for personal sanitary purposes and/or for cleaning equipment used in the preparation of his/her product unless water supply is provided and metered by the City. (g) Food franchises shall meet all Alabama Health Department regulations and show proof thereof. (h) No franchise shall be granted by the City to any vendor who has electrical requirements without securing metered power from the City or, if applicable, having a generator to supply the power required; generator shall meet City of Fairhope noise ordinances. Page 76 of 481 City of Fairhope – Franchise Agreement Page 3 of 9 Section 1.3 TERM OF FRANCHISE, RENEWAL (a) The duration of this franchise agreement granted pursuant to this Ordinance shall be for one year and shall be renewed automatically each year for three years unless notice of termination is given in writing to the other party at least 60 days prior to the expiration of the then current term. This Agreement shall commence 10 days after approved by the City Council. Section 1.4 ENFORCEMENT OF FRANCHISE (a) A Grantee shall not be excused from complying with any of the terms or conditions of the franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. (b) Whenever the City shall set forth any time for any action to be performed by or on behalf of Grantee, said time shall be deemed of the essence and any failure of Grantee to perform with in the time allotted shall be sufficient grounds for the City to revoke the franchise. (c) A Grantee agrees by filing an application for a franchise that they will not assert, at any time, in any claim or proceeding that any condition or term of the franchise is unreasonable, arbitrary or void or that the City had no power or authority to make such term or conditions, but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. Section 1.5 CONFLICT WITH LAWS (a) Whenever any law of the State of Alabama or of the United States, or of any agency of either, shall be in direct conflict with and supersede any provision of these rules and regulations, then for so long as such state or federal law or regulation shall be in force and effect, any affected provisions of this franchise granted hereunder shall be suspended and be of no force and effect and the Grantee shall not be required to comply with such provision; however, the validity of the remaining portions or provisions shall not be affected thereby. In the event this franchise imposes burdens different than those imposed by any other law, but within the power of the City to impose said burdens, the more restrictive provision shall apply. (b) If any section, sentence, clause or phrase of these rules and regulations or of any franchise granted hereunder is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portion of these rules and regulations or a of any franchise granted hereunder. SECTION 2 Section 2.1 PROCEDURE FOR GRANTING FRANCHISE (a) Any person desiring a franchise shall apply to the City for such a grant. The application for a franchise shall be in writing, in the form approved by and containing Page 77 of 481 City of Fairhope – Franchise Agreement Page 4 of 9 such information as required by the City and must be accompanied by a nonrefundable application fee of $150.00 by cashier’s check, certified check or money order payable to City of Fairhope. This is a separate fee from the Franchise fee. (b) Upon receipt of said franchise application, the City shall provide notice of said application and conduct a public hearing to determine if the grant of the franchise would be in the best interest of the citizens of City of Fairhope. (c) The application shall contain a statement under oath that the applicant will comply with all legal, financial and technical provisions of these rules and regulations and any other municipal, state or federal regulatory agencies. (d) The application shall define the proposed service area of the applicant with specific time standards for the establishment of service to suit the service area. SECTION 3 Section 3.1 CONSTRUCTION AND INSTALLATION (a) After receipt of an initial franchise, a Grantee shall proceed with due diligence to install and begin operation of the franchise. (b) Failure on the part of the Grantee to commence and diligently pursue N/A or failure to commence operation after 90 days from the commencement of this agreement shall be grounds for termination of the franchise. The City may extend the time for the commencement and completion of N/A for additional periods in the event the Grantee, acting in good faith, experiences delays by reasons of circumstances beyond her control. (d) The N/A shall be constructed and operated in accordance with all adopted City, state and national construction and electrical codes. Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY (a) Grantee shall not install or begin operation of the franchise business until the installation has been approved by the Mayor or his designee. (b) Grantee is designated a specific area in which Grantee may conduct business under this Franchise Agreement. (c) Business conducted from moving vehicles (i.e., ice cream trucks) do not require a Franchise Agreement to operate on City streets; however, any vehicle parked in one spot for longer than thirty (30) minutes and conducts business while parked, shall be required to enter into a Franchise Agreement. Violations may result in loss of City of Fairhope Business License. Page 78 of 481 City of Fairhope – Franchise Agreement Page 5 of 9 Section 3.3 OPERATION AND MAINTENANCE (a) The Grantee shall install and maintain N/A in a prudent and reasonable manner. (b) Failures or malfunctions of the N/A shall be corrected by the Grantee promptly after notice of such failure or malfunction except or unless such failure or malfunction shall have been caused by storm, fire, lightening, explosion, civil unrest or other similar catastrophe. (c) The City shall, if it deems it necessary, have the right and privilege to inspect the operation of the Teaching Tennis and Pickleball to the public by the Grantee in order to satisfy itself as to the proper performance of the terms of this franchise agreement. SECTION 4 Section 4.1 FRANCHISE FEE (a) There shall be a franchise fee of twenty (20) percent of Gross Revenues; and the fee for the business license which is an annual license issued by the municipality for the privilege of doing any kind of business, trade, profession or other activity in the municipality, by whatever name called. (b) Grantee shall pay quarterly to the City during the life of the franchise a sum equal to twenty (20) percent of its gross revenues. Grantee shall file with the City on such form as prescribed by the City within sixty (60) days after the end of each quarterly a report, under oath at the risk of perjury, of the gross revenues for the preceding quarterly period, and shall, at the same time, pay to the City a sum equal to twenty (20) percent of the gross revenues for the said quarterly period. Section 4.2 INDEMNIFICATIONS (a) Grantee shall at his/her sole cost and expense fully indemnify, defend and save harmless the City, its officers, boards, and employees against any and all claims, demands, suits, actions, liability and judgments for damage arising out of the construction, operation his Tennis and Pickleball Teaching franchise, including reasonable attorney’s fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount of comprehensive liability policy required hereunder. This indemnity shall not apply to damages occasioned solely and exclusively by acts of the City, its agents or employees. (b) Within thirty (30) days after the granting of the franchise and at all times during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with the City executed duplicate copies and receipts evidencing the payment of premiums for the following: Page 79 of 481 City of Fairhope – Franchise Agreement Page 6 of 9 A general comprehensive public liability insurance policy indemnifying, defending and saving harmless the City, its officers, boards, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Grantee under franchise herein granted or alleged to have been so caused with a minimum of liability of $1,000,000.00 for personal injury or death of any two or more persons in any one occurrence. Renewal certificates of such insurance shall be promptly forwarded to the City as such renewals are made, and such insurance shall be kept in force and effect during the term of this grant or franchise. The Grantee and/or the insurance company shall file with the City a written notice of any material alteration or cancellation of any insurance coverage at least thirty (30) days prior to the effective date of such alteration or cancellation. Property damage insurance indemnifying, defending and saving harmless the City, its officers, boards, agents, and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of a Grantee under franchise granted by City caused with a minimum liability of $1,000,000.00 for property damage to two or more persons in any one occurrence. Said policies of insurance shall name the City as an additional insured. (c) All of the foregoing insurance certificates shall be in form satisfactory to the City and shall be issued and maintained by companies authorized to do business in the State of Alabama and acceptable to the City and they shall require thirty (30) days written notice of any cancellation or reduction in coverage to both the City and Grantee herein, and a copy of said certificates shall be filed with the City. Section 4.3 BOOKS/RECORDS OF GRANTEE (a) All books and records of a Grantee concerning its operations within the City necessary for the enforcement of the provisions of this franchise, shall be made available for inspection and audit upon demand by the City within thirty (30) days after any request for such inspection or audit has been made. Section 4.4 GRANTEE ACKNOWLEDGEMENT (a) Grantee is an independent contractor. No agency or employment relationship is created by this Franchise Agreement. SECTION 5 Section 5.1 SALE OR LEASE OF FRANCHISE (a) No transfer or control of the Franchise Agreement or Business , whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger, or any other form of disposition, shall occur or be considered valid without first giving prior notice and receiving the approval of the City. The notice shall include full Page 80 of 481 City of Fairhope – Franchise Agreement Page 7 of 9 identifying particulars of the proposed transaction. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the qualification of the prospective controlling party and the Grantee shall assist the City in any such inquiry. The City shall have one 60 days from the date the notice is received by the City within which to approve or disapprove, by resolution, the proposed transfer of control. The City will not unreasonably withhold its approval. (b) Approval of such transfer shall be expressly conditioned upon full compliance with the material terms of the franchise agreement and this Ordinance. The transferee shall agree in writing to comply with all provisions of this Ordinance and the franchise agreement. Section 5.2 REVOCATON OF FRANCHISE (1) Subject to the provisions of this section, the City reserves the right to revoke, at any time, any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that: (a) Grantee has not substantially complied with a material provision of this Ordinance, the franchise agreement, or of any supplemental written agreement entered into by and between the City and the Grantee; or (b) Grantee has made a material false statement in the application for the franchise, knowing it to be false, or Grantee commits a fraud in its conduct or relations under the franchise with the City; or (c) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or assignment for benefits of creditors, or is unable to pay its debts as they mature, unless the Grantee is in due process of contesting such debts; or (d) Grantee fails to substantially comply with a material provision of any federal or state statue, or of any material rules or regulations that govern telecommunications; or (e) Grantee exhibits a pattern of failing to comply with service standards as adopted herein or in the franchise agreement; or (f) Grantee fails to comply with any federal or state judgment arising directly from the exercise of Grantee’s rights under its franchise; or (g) Grantee fails to provide or maintain in full force and effect the bond and insurance policies required by this Ordinance and franchise agreement; or (h) Grantee assigns, sells or transfers its title or interest in its franchise without the consent of the City. Page 81 of 481 City of Fairhope – Franchise Agreement Page 8 of 9 (2) In the event that the City shall make a preliminary decision to revoke a franchise granted hereunder, it shall give the Grantee a minimum of thirty days written notice of its intention to terminate and stipulate cause. A public hearing shall be scheduled for the end of said 30-day period. If during said period, the cause shall be cured to the satisfaction of the City, the City shall declare the notice to be null and void. If the cause is not cured to the satisfaction of the City, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City in a public hearing in accordance with due process procedures. After the public hearing, if the City, by majority vote, determines that the franchise should be terminated, it shall issue a written decision containing its findings of fact and stating the specific grounds for termination. The decision to terminate a franchise shall be subject to judicial review as provided by law. (3) A Grantee shall not be declared in default or be subject to any sanction under any provision of this Ordinance and franchise agreement in any case where the City determines that the action justifying such sanction is without the Grantee’s knowledge or authorization or outside its control. Section 5.3 RIGHTS UPON REVOCATION OR NON-RENEWAL In the event the City determines that a franchise should not be renewed at its expiration or that a franchise should be revoked for cause as permitted hereunder, the Grantee shall be allowed three months from the date of such determination, or such longer period as the City may permit, to negotiate the sale of its ____N/A_____ within the City to another provider at a price acceptable to the Grantee, provided that such sale shall be approved by the City pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is not then negotiated within the time allowed, then an independent expert shall be appointed to determine the fair market value of the Grantee’s __ N/A_____. The appointment of said expert shall be by mutual agreement between the City and the Grantee; provided, however, that if the City and the Grantee are unable to reach an agreement within 30 days of the written decision of termination, then the matter of appointing an expert shall be submitted, within ten (10) days immediately following expiration of the former 30 days, to the American Arbitration Association [unless the City and the Grantee mutually agree upon some other arbitrator(s)], and the expert designated by the American Arbitration Association or such other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators and the cost of arbitration, if required, shall be borne equally by the Grantee and the City. Upon determination of the fair market value of the Grantee’s __ N/A ____ by the appointed independent expert, the Grantee shall be required to sell its ____N/A_____ to any entity which offers said fair market value and which has obtained the approval of the City to purchase said __ N/A_____. Page 82 of 481 City of Fairhope – Franchise Agreement Page 9 of 9 Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY (a) If the use of any part of Grantee’s ____N/A_____ is discontinued for any reason for a continuous period of twelve (12) months, or if such ____N/A_____ does not comply with the requirements of these rules and regulations, or if Grantee’s franchise is terminated or revoked the City may in its discretion require that said ____N/A_____ be sold to a franchise designated by the City at a purchase price equal to the ___ N/A ____ fair market value as determined in subsection (b) hereof. (b) Any dispute between the City and the Grantee over determination of the system’s fair market value shall be determined in accordance with Section 5.3 above. Section 5.5 MISCELLEOUS PROVISIONS (a) This agreement constitutes the entire agreement of the parties and supersedes any and all agreements, understandings, statements or representations either oral or in writing. This agreement can be amended only by a written document signed by the parties. (b) This agreement shall be enforced and interpreted pursuant to the laws of the State of Alabama. IN WITNESS WHEREOF, the Parties have hereunto set their respective signatures and seals on the day of March , 2025. THE CITY OF FAIRHOPE, ALABAMA By:________________________________ Sherry Sullivan, Mayor Attest: _____________________________ Lisa A. Hanks, MMC City Clerk By: ________________________________ Richard T. Barrett, Grantee Page 83 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1369 FROM: Hunter Simmons, PLANNING DIRECTOR Lisa Hanks, CITY CLERK SUBJECT: Annexation – Casa Azul Fairhope, LLC (Daniel Dorta) property located at 18348 Greeno Road, Fairhope, Alabama and zoned B-1 Local Shopping District. Tax Parcel 46-08-28-0-000-017.001 AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to annex the Casa Azul Fairhope, LLC (Daniel Dorta) property located at 18348 Greeno Road, Fairhope, Alabama and zoned B-1 Local Shopping District. Tax Parcel 46-08-28-0-000-017.001 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 481 ORDINANCE NO. WHEREAS , CASA AZUL FAIRHO PE, LLC, the owner of the hereinafter described property , did , in writing , petition the City of Fairhope, a municipal corporation, for annexation under Section 11-42-21 of the Code of Alabama, 1975 , as amended ; and WHEREAS , a map of said property is attached to said Petition as an exhibit; NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OFF AIRHOPE, ALABAMA, that the following described property, lying contiguous to the corporate limits of the City of Fairhope, Alabama; and not within the corporate limits or the police jurisdiction of any other municipality; be and the same is hereby annexed to the City of Fairhope, Alabama, to-wit: Property is located at 18348 Greeno Road , Fairhope, Alabama. LEGAL DESCRIPTION: TAX PARCEL 46 -08-28 -0-000-017 .001 From the Southwest comer of the Northwest Quarter of the Southwest Quarter of Section 28 , Township 6 South, Range 2 East , Baldwin County, Alabama, run thence North 89 degrees , 20 minutes East , 40.0 feet to an iron pin lying on the Old East right of way line of Greeno Road ; thence run North 380.0 feet to a point on said Old East right of way line of Greeno Road; thence run North 89 degrees , 20 minutes East, 48 .0 feet to an iron pin marker on the New East right of way line of Greeno Road for a Point of Beginning; thence run North, 210 feet to an iron pin marker on said New East right of way line of Greeno Road ; thence run 89 degrees , 20 minutes East, 583 .63 feet to an iron pin marker; thence run South O 1 degrees , 21 minutes East , 210.0 feet; thence run South 89 degrees , 20 minutes West, 588 .72 feet to the Point of Beginning. Subject to taxes for the current and subsequent years , easements , restrictions , reservations , rights-of-way , limitations , covenants and conditions ofrecord, if any , and mineral and mining rights , if any , as well as the following specific exceptions : 1. Restrictions , covenants , conditions , reservations , and easements recorded in Official Records Book 399 , page 39 as restated in Deed Book 428 , page 816. 2 . Right-of-way deed recorded in Deed Book 196 , page 187 . This property shall be zoned B-1 , Local Shopping District. BE IT FURTHER ORDAINED that a certified copy of this Ordinance, with a copy of the Petition and the exhibit, be recorded in the Office of the Probate Judge, Baldwin County , Alabama. Page 85 of 481 Ordinance No . Page -2- This Ordinance shall take effect immediately upon its due adoption and publication as required by law . ADOPTED THIS 24TH DAY OF MARCH , 2025 ATTEST: Lisa A. Hanks , MMC City Clerk Jack Burrell, Council President ADOPTED THIS 24TH DAY OF MARCH , 2025 Sherry Sullivan, Mayor Page 86 of 481 STATE OF ALABAMA COUNTY OF BALDWIN CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 251/928-2136 PETITION FOR ANNEXATION )( )( We, the undersigned PETITIONER(S), owner(s) of the lands in fee simple described in the attached EXHIBIT A, such property being without the Corporate Limits of the City of Fairhope, Alabama , but be ing contiguous to the said Corporate Limits; and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, hereby petition the City of Fairhope , a municipal corporation, that said property be annexed into the City of Fairhope, Alabama . The subject land is delineated on the map attached hereto as EXHIBIT B that will be prepared by the City of Fairhope to verify property is contiguous . This petition is filed under authority of Section 1 I -42-21 , Code of Alabama, 197 5, as amended. □ This petition is for R-1 Zoning ·;( The condition of the Petition is that zoning be established as Concurrent with Annexation. (Zoning Request) Is this property colony property ___ Yes Y No. If this property is colony ax Office must sign as a petitioner . !Xa\\\0To~ Print petitioner's name ~ Signature of Petitioner Print petitioner's name Signature of P eti tioner Print petitioner 's name Physical Address of prope1ty being annexed: \<C~~~Qco:£~ Petitioner's Current Physical Address: Petitioner's Current Mailing Address: SQ,irG Telephone Number(s): --~--=--~-=.l..1--\ __._*-'----~~~<-.:.\----'-GJ_~.._...._,_....ffi~jlg..___._ __ _ Home Work Tax Parcel ID Number: OS-L\Co::::Ct!r-)6-C:,.. Size of Property: cl.~?b AC, CX?;C)-0,·1.~ Page 87 of 481 Petition for Annexation Page -2- I, LO..urtO ~\,f(\("\ a Notary Public in and for said State and County, hereby certify that DO.Oif.\ Obc\:lA.. whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this {o day of te.'oc~ 20 .J5__, (Seal) *STATEOFMISSISSIPPI* d~ ~~ LAUREN GLENN, NOTARY PUBLIC Notary Public JACKSON COUNTY MY COMMISSION EXPIRES APRIL 18, 2027 COMMISSION NUMBER347855 My commission expires\\~·.\ \i\ ci02'7 I, ______________ a Notary Public in and for said State and County, hereby certify that ____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me , this day appeared before me and , being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date. Given under my Hand and Seal this ___ day of ____ __, 20 __ , (Seal) Notary Public My commission expires ________ _ I, ______________ a Notary Public in and for said State and County, hereby certify that ____________ whose name(s) is/are signed to the forgoing Petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledge that he/she/they have voluntarily executed this Petition on this day same bears date . Given under my Hand and Seal this ___ day of _____ , 20 __ , (Seal) Notary Public My commission expires ________ _ Page 88 of 481 SOUTHLAND B L VDGREENO RD K E M P E R L N MANLEY RDPIRATE DRGREENO RDSOUTHWARK AVE PALE MOON CT D AVISON L O O P VIVIAN L O O P GUARISCO LN WRIGHT B L V D Legend Road B-1 Local Shopping District B-2 General Business District B-3a Tourist Resort Lodging District B-3b Tourist Resort Commercial Service District B-4 Business and Professional District HTD – Highway Transitional District M-1 Light Industrial District P-1 Parking District PUD - Planned Unit Development R-1 Low Density Single-Family Residential District R-2 Medium Density Single-Family Residential District TR – Tourism Resort District R-3 High Density Single-Family Residential District R-3 PGH High Density Single-Family Patio/Garden Home Residential District R-3 TH High Density Single-Family Townhouse Residential District R-4 Low Density Multi-Family Residential District R-5 High Density Dwelling Residential District R-6 Mobile Home Park District RA - Residential/Agriculture District Parcel Exhibit A Daniel Dorta Petition for Conditional Annexation B-1 Local Shopping District Parcel Number: 05-46-08-28-0-000-017.001 PPIN: 59279 Parcel Number: 05-46-08-28-0-000-017.001 Page 89 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1374 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Site Plan Review and Approval - Request of the Applicant, Overstreet & Assoc., on behalf of the Owner, Bon Aventure Too, for Site Plan Approval of Staggers Mixed-Use Project. The property is approximately 0.20 acres and is zoned B-2 – General Business District. The property is located on Morphy Avenue west of S. School Street. PPIN #: 77834. (Planning Commission unanimously recommends approval of SR 24.07). AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: The project is located on Morphy Ave, just east of Fairhope Methodist Church. This property is on the easternmost edge of the Central Business District. There are 3 Units in the proposed plan - two residential units and one commercial. The owner intends to live in one of the residential units, so states the commercial use will likely be office/retial, but not restaurant/bar. The project comes to Council with a unanimous recommendation of approval from the Planning Commission with no conditions. They meet all requirements. There was a corresponding Multiple Occupancy Project that was approved by the Planning Commission. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 90 of 481 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 91 of 481 Page 92 of 481 1 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Summary of Request: Request of the Applicant, Overstreet & Assoc., on behalf of the Owner, Bon Aventure Too, is requesting Site Plan approval of Staggers Mixed-Use Project, a 3-unit multiple occupancy project. The property is approximately 0.20 acres and is located on Morphy Avenue west of S. School Street. Setbacks: B-2 requires only a 20ft front setback according to Table 3-2. The CBD mostly eliminates any other setbacks and encourages non-residential buildings to be built at the right-of-way line. The proposed project provides public open space and an extension of the 6’ wide sidewalk provided in the ROW. Page 93 of 481 2 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Building: Building height for the two-story structure is 39’ 1“. Building material proposed is painted brick. The second and third floor will be two (2) residential units. The second floor has a balcony on the front side. The building is setback from the ROW line allowing room for the balcony to be completely inside the property. Complete elevations are included in the packet. First Floor Plan Second Floor Plan Page 94 of 481 3 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Third Floor Plan Parking: Dwelling units must provide parking in the CBD. There are two (2) dwelling units upstairs and two (2) parking spaces are provided at the rear of the building. Two additional parking spaces are proposed in the adjacent ROW. Sidewalks: A sidewalk is proposed in front of the building. The sidewalk is varies in width from 6’ -12’. The areas 6’ are due to proposed landscape islands and a transition to a handicap ramp inside the property. Locations, intensity, and heights of exterior lights: No issues with proposed lighting plan. Mechanical equipment: The building drops down in height towards the rear and the mechanical equipment is located on this lower roof and not visible from the street. Dumpster location and screening: Garbage is city roll out bins stored on a parking pad at the rear of the building. Stormwater and Drainage: Drainage infrastructure exists between the subject property and the adjacent property to the west (Methodist Church). A drainage and ingress/egress easement has been provided between the two properties. Water sheet flows to a trench drain between the properties and captured in inlets around the proposed building to be routed to the existing storm sewer that outfalls to south. Additional storage volume is accounted for in the new storm pipes. Location and size of all signage: Signage will be reviewed at time of a sign permit submittal. Erosion control: Appropriate measures, if any, will be part of the ROW and/or land disturbance permit review process. Utilities: A utility plan was submitted and has been reviewed and approved by the appropriate providers. Page 95 of 481 4 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 ADA Requirements: ADA requirements per the Architect are met and at time of building permit will be further verified. Traffic: A traffic study was not warranted. A private drive will be utilized to access the residential parking spaces in the rear. Article II, Section C.2.d. (Site Plan Review Criteria) Criteria – The application shall be reviewed based on the following criteria: (1) Compliance with the Comprehensive Plan; The Comprehensive Plan puts an emphasis on the CBD to be the Regional Village Center and focal point of the City. This project adds retail and residential. Both of which complement the CBD. (2) Compliance with any other approved planning documents; Meets. Going vertical lessens more impervious surfaces. Utility tie ins are readily available. (3) Compliance with the standards, goals, and intent of this ordinance and applicable zoning districts; Meets (4) Compliance with other laws and regulations of the City; Meets (5) Compliance with other applicable laws and regulations of other jurisdictions; Meets (6) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; Meets. Height under maximum for CBD. (7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values; The additional residential and retail units should not negatively impact the neighborhood. (8) Overall benefit to the community; Meets. The CBD is the original village center and needs both retail/commercial and residential units to thrive. (9) Compliance with sound planning principles; Meets. Going vertical uses empty air space while still meeting dimension requirements for the CBD. (10) Compliance with the terms and conditions of any zoning approval; Meets (11) Any other matter relating to the health, safety, and welfare of the community; Nothing noted (12) Property boundaries with dimensions and setback lines; Meets (13) Location of proposed buildings and structures indicating sizes in square feet; Meets (14) Data to show percentage of lot covered with existing and proposed buildings; Meets (15) Elevations indicating exterior materials; Front, side, and rear elevations are provided. (16) The locations, intensity, and height of exterior lights; Meets (17) The locations of mechanical equipment; Meets (18) Outside storage and/or display; Meets (19) Drive-up window locations (must be away from residential uses/districts and not in front of building); n/a (20) Curb-cut detail and location(s); Provided (21) Parking, loading, and maneuvering areas; Meets (22) Landscaping plan in accordance with the City Landscape Ordinance; Meets (23) Location, materials, and elevation of any and all fences and/or walls; Meets. Railing details confirmed with building permit application. (24) Dumpster location and screening; and Meets (25) Location and size of all signage. Meets. Page 96 of 481 5 SR 24.07 Staggers Mixed Use Project Site Plan –March 6, 2025 Recommendation: Staff recommends approval of case SR 24.07 Staggers Mixed Use Project. Page 97 of 481 Page 98 of 481 Page 99 of 481 Page 100 of 481 Page 101 of 481 Page 102 of 481 rrOctober21,2024CityofFairhopeAttn:HunterSimmons451PecanAveSuite200Daphne,AL36532REF:PermitApplication—MorphyAveProposedMixedUseBuildingDearMr.Simmons:PleasebeadvisedthatOverstreet&AssociatesofDaphne,Alabamaisherebyauthorizedtoactasouragentforpermitcoordinationontheabovereferencedpermitrequest.Anyquestionsregardingthisprojectmaybedirectedtomyselfat251-591-3978.Sincerely,WilliamStaggersOwnerocr222024JBY:....CEPage 103 of 481 Page 104 of 481 Page 105 of 481 Page 106 of 481 Page 107 of 481 Page 108 of 481 Page 109 of 481 Page 110 of 481 Page 111 of 481 Page 112 of 481 Page 113 of 481 Page 114 of 481 Page 115 of 481 Page 116 of 481 Page 117 of 481 Page 118 of 481 Page 119 of 481 Page 120 of 481 Page 121 of 481 Page 122 of 481 Page 123 of 481 Page 124 of 481 Page 125 of 481 Page 126 of 481 Page 127 of 481 Page 128 of 481 Page 129 of 481 Page 130 of 481 Page 131 of 481 Page 132 of 481 Page 133 of 481 Page 134 of 481 Page 135 of 481 Page 136 of 481 Page 137 of 481 Page 138 of 481 Page 139 of 481 Page 140 of 481 Page 141 of 481 Page 142 of 481 Page 143 of 481 Page 144 of 481 Page 145 of 481 Page 146 of 481 Page 147 of 481 Page 148 of 481 Page 149 of 481 Page 150 of 481 Page 151 of 481 Page 152 of 481 Page 153 of 481 Page 154 of 481 Sherry Sullivan Mayor Counci l Members: Kevin G. Boone Jay Robinson Jack Burrell, ACMO Jimmy Conyers Corey Martin Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 161 North Section St . PO Drawer 429 Fairhope, AL 36533 251-928-2136 (p) 251-928-6776 (f) www.fairhopeal.gov January 20, 2023 Overstreet & Associates 1026 Stanton Rd, Suite B Daphne, AL 36526 Regarding utilities for 456 Morphy Ave, Fairhope, AL Project. Water, Sewer, Electric and Gas are available with Fairhope Public Utilities. Aid to construction will be determined upon review of the final construction design . /2asonLang1ey Water/Wastewater Superintendent Conrad Havranek Electric Superintendent s Superintendent Page 155 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1379 FROM: Richard Johnson, CITY ENGINEER SUBJECT: City Engineer, Richard Johnson, is requesting approval of Change Order No. 2 for the Working Waterfront and Greenspace Restoration project to add the removal and replacement of existing and failing stormwater pipes and structures along South Mobile Street, Utopia Park, and South Beach Park. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve Change Order No. 2 for Bid No. 2023WWF-034 Working Waterfront and Greenspace Restoration Project and authorize the Mayor to execute the Change Order No. 2 for $251,690.30. The new contract total will be $10,240,069.76. Authorize transfer from the General Fund to the Federal Grants Fund in the amount of $251,690.30. BACKGROUND INFORMATION: City Engineer, Richard Johnson, is requesting approval of Change Order No. 2 for the Working Waterfront and Greenspace Restoration project to add the removal and replacement of existing and failing stormwater pipes and structures along South Mobile Street, Utopia Park, and South Beach Park. The referenced stormwater infrastructure has exceeded its expected useful life and is in urgent need of full replacement. Neglecting to address this issue could result in unforeseen damage and maintenance costs to the adjacent parks that are soon to be improved. The net increase represents a 2.5% change in contract amount, below the 10% threshold required by State Bid Law. The Change Order No. 2 cost is not-to-exceed Two Hundred Fifty-One Thousand Six Hundred Ninety Dollars and Thirty Cents ($251,690.30). The new contract total will be Ten Million Two Hundred Forty Thousand Six Hundred Sixty-Nine Dollars and Seventy- Six Cents ($10,240,069.76). Previous Actions: Resolution 5125-24 Approved Award to Rolin Construction, Inc. Council meeting July 22, 2024 BUDGET IMPACT/FUNDING SOURCE: Page 156 of 481 Account No. Account Title Current Budget Cost Available Budget 110-57000 Working Waterfront Phase I $0.00 $251,690.30 ($251,690.30) Authorize Budget Transfer: General Fund 001-49998 Budget Rollover ($251,690.30) 001900-50945 Transfers to Federal Grants Fd $251,690.30 Federal Grant Fund 110-49810 Transfers from Gen Fund ($251,690.30) 110-57000 Working Waterfront $251,690.30 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 157 of 481 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. 2 for (Bid No. 2023WWF-034) Working Waterfront and Greenspace Restoration project with a cost of $251,690.30; and to award Change Order No. 2 to Rolin Construction, Inc. The new contract total will be $10,240,069.76. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 158 of 481 CHANGE CITY OF FAIRHOPE ORDER REQUEST OWNER: CITY OF FAIRHOPE ARCHITECT/ENGINEER: Goodwyn, Mills and Cawood, LLC CONTRACTOR: Rolin Construction, Inc. PROJECT: Fairhope Working Waterfront and Greenspace Restoration Project CHANGE ORDER REQUEST NO. #2 DATE: March 12, 2025 1. DESCRIPTION OF CHANGE: The removal and replacement of existing and failing stormwater pipes and structures along South Mobile Street, Utopia Park, and South Beach Park as part of the Working Waterfront Project. See all attached supporting documents. 2. CHANGE ORDER COSTS: $251,690.30 Proposal Attached See Attached Cost Estimated/Proposal Required Item Quantity Material Unit Price Labor (Hours) Labor Unit Price Sub-Total Cost a. South Mobile Street Stormwater Improvements Lump Sum $251,690.30 Inc. Inc. $251,690.30 b. TOTAL: $251,690.30 *If more than 2 items, provide attachments. 3. INSTITUTED BY: Scott A. Hutchinson, P.E., Project Engineer; Richard D. Johnson, PE (Program Manager & Owner’s Representative), George Ladd, Director of Public Works and Contractor: Rolin Construction, Inc. 4. JUSTIFICATION OF NEED: Upon inspection, it has been determined by the project engineers and public works, that the referenced stormwater infrastructure has exceeded its expected useful life and is in urgent need of full replacement. Neglecting to address this issue could result in significant unforeseen damage and maintenance costs to the adjacent parks that are soon to be improved. We have reviewed the proposal from Rolin Construction and recommend approval of this change order. Please review the attached documents. 5. JUSTIFICATION OF CHANGE ORDER VERSUS COMPETITIVE BIDDING: The net increase in the contract is $251,690.30 (New Contract Amount would be $10,240,069.76) representing a 2.5% change in contract amount well below the 10% threshold required by State Bid Law – Competitive Bidding is not warranted. Change Order Number One was a material, means and method change only and did not modify the overall project cost. Page 159 of 481 6. COSTS REVIEW: Project Engineer and City Engineer have reviewed the Contractors Proposal and have determined the cost to be in line with current cost estimates for similar work. 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: No additional days requested or proposed. RECOMMENDED: APPROVED: BY: See Attached BY: See Attached Project Engineer Contractor BY: N/A BY: N/A Utility Representative OWNER’s Legal Advisor BY: OWNER’s Authorized Representative X X Page 160 of 481 March 4, 2025 Mayor Sherry Sullivan City of Fairhope 161 North Section Street P.O. Drawer 439 Fairhope, AL 36533 Sent via email to: Sherry.Sullivan@fairhopeal.gov RE: Fairhope Working Waterfront Change Order Request #1 South Mobile Street and South Beach Park Drainage Dear Mayor Sullivan: Attached please find the design and change order documents for the removal and replacement of existing stormwater pipes and structures along South Mobile Street, Utopia Park, and South Beach Park as part of the Working Waterfront Project. Upon inspection, it has been determined that the referenced stormwater infrastructure has exceeded its expected useful life and is in urgent need of full replacement. Neglecting to address this issue could result in significant unforeseen damage and maintenance costs to the adjacent parks that are soon to be improved. We have reviewed the proposal from Rolin Construction and recommend approval of this change order. Please review the attached documents, and if you agree, kindly return a signed copy to facilitate further coordination with the contractor. Please let me know if you need any additional information. Regards, GOODWYN MILLS CAWOOD, LLC Scott A. Hutchinson, P.E. Vice-President, Engineering Attachments Change Order Summary Change Order Request Form Design Drawings Page 161 of 481 RE: Fairhope Working Waterfront Change Order Request #1 South Mobile Street and South Beach Park Drainage Page 162 of 481 Page 163 of 481 Page 164 of 481 Page 165 of 481 Page 166 of 481 Page 167 of 481 Page 168 of 481 Page 169 of 481 RESOLUTION NO. 5125-24 WHEREAS, on April 8, 2024, Resolution No. 5037-24 was adopted by the City Council to authorize the additional $3,589,095.35 Working Waterfront and Greenspace Restoration project from the Alabama Gulf Coast Recovery Council (AGCRC) to award RESTORE Act Direct Component MIP funds which is 75% of the overrun amount. The AGCRC has approved this request and the City of Fairhope has committed to cover the remaining 25% ($1,186,365.11); and that the City Council authorizes the Mayor to sign the co-funding commitment letter on behalf of the City ; and WHEREAS, on April 22 , 2024 , Resolution No. 5045-24 was adopted by the City Council to show its intent to award a contract to Rolin Construction, Inc. (Bid No . 2023WWF-034) for the Working Waterfront and Greenspace Project with a bid proposal not-to-exceed $9 ,988,379.46 once approval from U.S. Department of Treasury is received. The contract will also require review and approval by ADCNR , U.S . Treasury, and City Attorney prior to execution; and WHEREAS, the City of Fairhope has received approval from the U.S . Department of Treasury, ADCNR, and the City Attorney . THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City of Fairhope awards Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project to Rolin Construction , Inc. with a bid proposal not-to-exceed $9,988,379.46 . The contract has been approved by the U. S. Department of Treasury , ADCNR, and City Attorney pursuant to Resolution No . 5045-24. DULY ADOPTED THIS 22 Corey Martin, Council President Attest: Page 170 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1365 FROM: Wes Boyett, GAS SUPERINTENDENT SUBJECT: The Superintendent of Gas Department, Wes Boyett, and the Gas Compliance & Safety Coordinator, Lewis Jones, are requesting approval for a contract amendment for RFQ PS24-023 Professional Consulting Services for Natural Gas Pipeline Distribution Compliance Three (3) Year Contract to add twenty-four (24) additional user licenses to the existing PipeSuite Basic subscription. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve Contract Amendment No. 1 for RFQ PS24-023 Professional Consulting Services for Natural Gas Pipeline Distribution Compliance Three (3) Year Contract to add 24 additional user licenses to the existing PipeSuite Basic Subscription. The not-to- exceed cost is $10,080.00, and total contract price will be not-to-exceed $63,200.00. BACKGROUND INFORMATION: The Superintendent of Gas Department and the Gas Department Compliance Manager & Safety Coordinator have requested the hiring of a professional consultant firm to perform compliance services for the Natural Gas Department in compliance with state and federal regulatory requirements. The consulting services will meet the requirements of 40 CFR Part 192 and be customized to meet DOT/PHMSA regulatory compliance. The Contract Amendment No. 1 will add twenty-four (24) additional user licenses to the existing PipeSuite Basic subscription for the additional monthly cost of Three Hundred Sixty Dollars ($360.00) for the remaining twenty-eight (28) months of the contract. The total cost of the contract will increase by Ten Thousand Eighty Dollars ($10,080.00). The new total contract cost will not-to-exceed Sixty-Three Thousand Two Hundred Dollars ($63,240.00). Previous Actions: Resolution No. 5076-24 Approved Mayor's selection of PipeSuite, A Division of Payne Management, Inc. Approved by Council May 28, 2024. Resolution No. 5087-24 authorized Mayor Sullivan to execute a contract with PipeSuite, A Division of Payne Management, Inc. Authorized by Council June 10, 2024. BUDGET IMPACT/FUNDING SOURCE: Page 171 of 481 Account No. Account Title Current Budget Cost Available Budget 002-50300 Gas - Computer Expense $0.00 $10,080.00 ($10,080.00) This cost is for the remaining twenty-eight (28) months of the contract. Current FY25 associated expense will be $2,160.00. The expense spanning beyond FY25 will be included in future fiscal year budgets as applicable. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 172 of 481 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 Amendment No. 1 with PipeSuite, A Division of Payne Management, Inc. for Professional Consulting Services (RFQ PS24-023) with a not- to-exceed amount of $10,080.00 The new contract total will be $63,240.00. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 173 of 481 City of Fairhope Contract Amendment No. 1 RFQ PS24-023 Professional Consulting Services For Natural Gas Pipeline Distribution Compliance Three (3) Year Contract This AMENDMENT OF CONTRACT (“AMENDMENT”) is made this ________ day of _____________, 2025 for the purpose of increasing the contract for RFQ PS24-023 Professional Consulting Services for Natural Gas Pipeline Distribution Compliance Three (3) Year Contract dated July 22, 2024 (“Original Contract”) between the City of Fairhope and PipeSuite, A Division of Payne Management, Inc. (the “Parties”). 1. The Original Contract, which is attached hereto as part of this Amendment is described below: The Original Contract was awarded for a not-to-exceed annual amount of Fifty-Three Thousand One Hundred Sixty Dollars ($53,160.00) 2. The Parties agreed to amend the Original Contract to add twenty-four (24) additional user licenses to the existing PipeSuite Basic subscription for the additional monthly cost of Three Hundred Sixty Dollars ($360.00) for twenty-eight (28) months, or addition of Ten Thousand Eighty Dollars ($10,080.00) to the contract. 3. That amendment 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, remain unchanged. This contract will be increased Ten Thousand Eighty Dollars ($10,080.00). The total cost of the contract shall be not-to-exceed Sixty-Three Thousand Two Hundred Dollars ($63,240.00). IN WITNESS WHEREOF, the parties hereto have executed this Contract Amendment as of the day and year first above written. THE CITY OF FAIRHOPE, ALABAMA _____________________________________ _____________________________________ By: Sherry Sullivan, Mayor By: Lisa A. Hanks, MMC, City Clerk NOTARY FOR THE CITY 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 _____________, 2025 Notary Public ___________________________ My Commission Expires ___________________ Page 174 of 481 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 _____________, 2025. Notary Public ___________________________ My Commission Expires ___________________ Page 175 of 481 Basic Software Proposal Prepared By: February 27, 2025 Page 176 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 P25-010 Page 1 Table of Contents Introduction ....................................................................................................................... 2 Scope of Services ............................................................................................................... 3 PipeSuite Basic Software (28 months, 24 users)......................................................................................... 3 Compensation .................................................................................................................... 4 Authorization ..................................................................................................................... 5 General Terms & Conditions .......................................................................... Appendix A Page 177 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 P25-010 Page 2 INTRODUCTION With over 25 years of experience in the pipeline industry, PipeSuite, a Division of Payne Management, Inc., is a nationally recognized pipeline regulatory compliance firm that provides expertise in all aspects of pipeline regulatory compliance, including planning, training, and auditing services. The key personnel of PipeSuite have extensive experience pertaining to pipeline regulations issued by the Alabama Public Service Commission (AL PSC) and the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). PipeSuite has significant experience participating in Federal and State inspections/audits with PHMSA and State Regulators. To highlight some of the many of the services we offer: A. Developing Operations & Maintenance Manuals, including Damage Prevention and Emergency Planning Sections, B. Operator Qualification Plan Development and Maintenance, C. Transmission Integrity Management Plan (TIMP) Development, D. Distribution Integrity Management Plan (DIMP) Development, E. Public Awareness Plan Development, Management, and Effectiveness Evaluation as required, F. Public Awareness Services, G. Anti-Drug and Alcohol Plan Development, H. Control Room Management Plan Development, and I. Audit Assistance and Representation. In addition to the above listed pipeline regulatory compliance services, we have developed and implemented numerous other regulatory compliance related services including Class Location Studies, High Consequence Area (HCA) Evaluations, and Emergency Response Plans. Through years of experience, we have become familiar with Federal and State regulations, particularly for Alabama, Louisiana, Texas, Mississippi, Florida, and Virginia. Page 178 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 P25-010 Page 3 Along with extensive experience in the industry, PipeSuite offers a state-of-the-art software program that streamlines compliance efforts and tasks for all levels of management within your organization. These offerings include OQ Training, a Management of Change (MOC) System, Compliance Calendar, Document Library, Management Review module, and our Geographic Inspection Manager (GIM) module. For more information about our PipeSuite Software, visit PipeSuite.com. The following sections provide more specific information regarding the services we will offer. We appreciate the opportunity to provide this information about our company. If you should have any questions concerning this information or require additional information, please feel free to contact us. SCOPE OF SERVICES The proposed scope of services includes: PipeSuite Basic Software – 28 Months ($15/user/month - 24 users) $360/mo. PipeSuite's patented software works in unity to deliver an easy-to-use platform for pipeline regulatory compliance. Pipeline operators benefit from reliable software solutions to streamline regulatory compliance, enhance operational efficiency, and ensure safety. Effective software packages support the tracking, documentation, and reporting of compliance activities, helping operators meet federal, state, and local regulations. This overview presents a range of software package options designed to meet the diverse needs of pipeline operators, providing tools for regulatory management, risk assessment, OQ training, and continuous monitoring. PipeSuite will provide access to PipeSuite Basic for twenty-four (24) users, ensuring they have the necessary tools and resources for effective pipeline compliance management. PipeSuite Basic provides comprehensive tools for pipeline operators, featuring the following modules: (1) Operator Qualification (OQ) Training Customizable training modules to ensure personnel qualifications. (2) Document Library A centralized library for easy access to critical compliance documents. Page 179 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 P25-010 Page 4 COMPENSATION This proposal outlines the addition of twenty-four (24) user licenses to your existing PipeSuite Basic subscription (P24-010). The fixed monthly fee for these additional twenty-four (24) users will be $360 ($15 per user). Should you require additional user licenses beyond these 24, they can be added at any time via email request for $15 per user per month. This agreement will be for a term of twenty-eight (28) months, aligning with the timeline of the three-year agreement (P24-010) authorized in June 2024. AUTHORIZATION We appreciate the opportunity to submit this proposal and look forward to the commencement of services. Attached to this proposal are standard “General Terms and Conditions” incorporated with this proposal and to be made a part of this agreement. If acceptable, kindly provide written confirmation in the space provided below. If you need further information or have any questions at all, please feel free to contact us. Sincerely, PIPESUITE Thomas Payne Account Executive Randle T. Payne, CHMM Chief Executive Officer Attachments: General Terms and Conditions Accepted and authorized by: City of Fairhope Public Utilities Date Page 180 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 Appendix A Appendix A General Terms & Conditions Page 181 of 481 Page 1 of 4 Last updated: February 2025 GENERAL TERMS AND CONDITIONS 1. SCOPE OF WORK PipeSuite shall perform the services defined in this contract and shall invoice the Client at those rates shown in the proposal, current standard fee schedule or contract agreement, as applicable. Any estimate of cost to the Client, as stated in this contract, shall not be considered as a fixed price, but only as an estimate (unless otherwise specifically stated in this contract). PipeSuite will provide additional services under the contract, as requested by the Client, and invoice the Client for those additional services at standard rates. The rates shown will be valid for ninety (90) days unless otherwise stated in the proposal. 2. INVOICES Payment is due upon presentation of the invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1 and ½ %) per month, or the maximum rate allowed by law, on past due accounts. If PipeSuite personnel are called or subpoenaed for depositions, examination, or court appearances in any dispute arising out of the Project, PipeSuite shall be reimbursed on a time and material basis in accordance with PipeSuite’s then current, standard billing rates for such matters, including all out-of-pocket costs incurred in connection with such matters. 3. STANDARD OF CARE Service performed by PipeSuite under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, or explorations are made by PipeSuite and that the data interpretations and recommendations of PipeSuite’s personnel are based solely on the information available to them. PipeSuite will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretation by others of the information developed. 4. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, plans, estimates, and other documents prepared by PipeSuite, as instruments of service, shall remain the property of PipeSuite. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. Page 182 of 481 Page 2 of 4 Last updated: February 2025 PipeSuite will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client, at all reasonable times. All documents are for the exclusive use and benefit of the Client only. Others who use the documents do so at their own peril. PipeSuite consents that its information and reports may be furnished to and used by others participating in the financing and/or development of the project (and for reports involving real property transactions, other parties of the transaction), but only in the same manner and extent as if such others were the addressees and the Client. The, terms, conditions, and limitations of liability contained in the Agreement shall apply to others to whom Client furnishes such information and reports. No one else is authorized to rely, in any way, on any information or reports issued pursuant to this Agreement. 5. LIMITATION OF LIABILITY The owner agrees to limit PipeSuite’s liability to the owner and all construction contractors and subcontractors on the project arising from professional acts, errors, or omissions, such that the total aggregate liability of PipeSuite to all those named shall not exceed $50,000 or PipeSuite’s total fee for the services rendered on this project, whichever is greater. The owner further agrees to require of the contractor and his subcontractors an identical limitation of liability to PipeSuite, which liability may arise on account of PipeSuite’s professional acts, errors, or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others, which may arise on account of PipeSuite’s professional acts, errors, or omissions. 6. DISPUTES In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall he entitled to recover all reasonable costs incurred in the defense or prosecution of the claim, including staff time, court costs, attorney’s fees, and other claim-related expenses. Any lawsuit or prosecution related to services performed or rendered under this contract must be commenced in Mobile County, Alabama. 7. INSURANCE PipeSuite represents and warrants that it and its agents, staff, and consultants employed by it is and are protected by worker’s compensation insurance, to the extent required by state law, and that has such coverage under public liability and property damage insurance policies, which PipeSuite deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, PipeSuite agrees to indemnify and save Client harmless from and against any loss, damage, or liability arising from any negligent acts by PipeSuite, its agents, staff, and consultants employed by it. PipeSuite shall not be responsible for any loss, damage, or liability arising from any acts by Client, its agents, staff, and other consultants employed by Client. Page 183 of 481 Page 3 of 4 Last updated: February 2025 8. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, PipeSuite shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, PipeSuite may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of PipeSuite in completing such analyses, records and reports. 9. ASSIGNS Neither the Client nor PipeSuite may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 10. RIGHT TO STOP WORK Stopping project work is an extreme action, which should be taken only by the owner after giving serious consideration to the effects of such an order. Under no circumstances will PipeSuite take the initiative in issuing this order. PipeSuite will only provide data and recommendations. 11. SAFETY Should PipeSuite provide on-site assistance at the Client’s location, Client agrees that, in accordance with the generally accepted construction practice, the contractor will be solely and completely responsible for working conditions on the jobsite, including the safety of all persons and property during the performance of the work, and for compliance with OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. Any monitoring of the contractor’s procedures conducted by PipeSuite does not include review of the adequacy of the contractor’s safety measures in, on, adjacent to, or near the construction site. 12. HAZARDOUS SUBSTANCES Should PipeSuite provide on-site assistance at the Client’s location, Client agrees to advise PipeSuite, prior to beginning work, of any hazardous substances on or near the site. In the event that samples obtained during our work contain substances hazardous to health, safety, or the environment, these samples remain the property of the Client. Likewise, any equipment contaminated during our services, which cannot be reasonably decontaminated, shall become the property and responsibility of the Client. Such samples and/or equipment will be delivered to the Client. Client agrees to pay transportation costs for samples and equipment and the fair market value of contaminated equipment. Page 184 of 481 Page 4 of 4 Last updated: February 2025 13. WARRANTY OF ONLINE SERVICES USE PipeSuite shall not under any circumstances be responsible for any direct, indirect, incidental or consequential liability resulting from the use of the information included with the use of the online programs or software. The online software was designed to be used by the Client intended and cannot be distributed or reused for or by any other user without the expressed written consent of PipeSuite. The software and designs are protected by copyright law. Unauthorized reproduction or distribution of the software or online services, or any part of it, may result in severe civil or criminal penalties, and will be prosecuted to maximum extent possible under the law. Reverse engineering, decompiling, disassembling, modifying, translating, making any attempt to discover the source code of the software, or create derivative works from the software or online services is strictly prohibited. Page 185 of 481 City of Fairhope Public Utilities SOFTWARE PROPOSAL February 27, 2025 End of Document (This page was intentionally left blank) Page 186 of 481 RESOLUTION NO. 5076-24 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 Consulting Services for (RFQ PS24-023) for Natural Gas Pipeline Distribution Compliance to PipeSuite, a Division of Payne Management, Inc.; and authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 28TH DAY OF MAY, 2024 t Pro Tempore Attest: Page 187 of 481 RESOLUTION NO. 5087-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sheny Sullivan is hereby authorized to execute a contract with PipeSuite , a Division of Payne Management , lnc . for Professional Consulting Services for Natural Gas Pipeline Distribution Compliance (RFQ PS24-023) with a not-to-exceed amount of $53 ,160.00 annually . Corey Martin , Council President Attest: Page 188 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1367 FROM: Richard Johnson, CITY ENGINEER Nicole Love, Grants Coordinator SUBJECT: The City Engineer, Richard Johnson, and the Grants Coordinator, Nicole Love, are requesting the hiring of a professional engineering firm for professional traffic engineering services for the Twin Beech Corridor Study. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the selection by the Mayor for a professional engineering firm for professional traffic engineering services for the Twin Beech Corridor Study, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, and the Grants Coordinator, Nicole Love, are requesting the hiring of a professional engineering firm for professional traffic engineering services for the Twin Beech Corridor Study. The services will consist of reviewing the traffic movements, crash history, pedestrian movements, and intersection geometry along Twin Beech Road between US Highway 98 and County Road 13 with the focus being the intersection of Twin Beech Road and Boothe Road/Founders Drive and provide recommendations for safety improvements. Mayor Sullivan has selected Neel-Schaffer, Inc. for this project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: ESMPO LEGAL IMPACT: Page 189 of 481 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 190 of 481 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 Traffic Engineering Services for (RFQ PS25-024) for the Twin Beech Corridor Study to Neel-Schaffer, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 24TH DAY OF MARCH, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 191 of 481 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: March 12, 2025 Re: RFQ PS25-024 Professional Traffic Engineering Services for the Twin Beech Corridor Study The City Engineer, Richard Johnson, and the Grants Coordinator, Nicole Love, are requesting the hiring of a professional engineering firm for professional traffic engineering services for the Twin Beech Corridor Study. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing 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: _____________ ___________ Neel-Schaffer, Inc. _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Nicole Love, Mayor Sherry Sullivan Mar 12, 2025 Page 192 of 481 Memo to choose -Prof Engineer - Twin Beech Cooridor Study Final Audit Report 2025-03-12 Created:2025-03-12 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAzBCXK88mGhG-9X6dAjGXEbMEHoqYa3em "Memo to choose -Prof Engineer - Twin Beech Cooridor Study" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-03-12 - 1:37:14 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-03-12 - 1:37:51 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-03-12 - 5:10:47 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-03-12 - 5:11:12 PM GMT - Time Source: server Agreement completed. 2025-03-12 - 5:11:12 PM GMT Page 193 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1372 FROM: Richard Johnson, CITY ENGINEER Nicole Love, Grants Coordinator SUBJECT: The City Engineer, Richard Johnson, and the Grants Coordinator, Nicole Love, are requesting to find a qualified firm to provide professional environmental assessment related to the implementation of the U.S. Department of Housing and Urban Development (HUD) Community Project Funding (CPF). This Environmental Assessment is for the development of an Airport Industrial Park located at 8600 County Road 32, Fairhope, AL. Authorize budget transfer from the General Fund to the Capital Project fund in the amount of $104,518.00. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the negotiated fee schedule for RFQ PS25-011 Professional Engineering Services for the Airport Industrial Park Environmental Assessment and authorize the Mayor to execute a contract for the not-to-exceed amount of $104,518.00. Authorize budget transfer from the General Fund to the Capital Project fund in the amount of $104,518.00. BACKGROUND INFORMATION: The City Council approved the selection of Volkert, Inc. as the result of RFQ PS25-011 Professional Engineering Services for the Airport Industrial Park Environmental Assessment and approved the Mayor to negotiate the contract fee schedule. The negotiated engineering services for this project are as follows: Task A: Preliminary Investigation and Develop Purpose and Need A-1: Obtain and study City Supplied Maps and Design Files A-2: Existing Conditions and Trends (Study Existing Reports and Plans, Prepare Base Maps, Identify Features & Environmental Sensitive Areas) A-3: Consult with Various Agencies, Ascertain Their Requirements A-4: Develop and Finalize Purpose and Need and Present to City/HUD. Task B: Description of Proposed Action and Alternatives B-1: Alternatives Considered B-2: Alternatives Carried Forward for Detailed Consideration Page 194 of 481 Task C: Affected Environment, Environmental Consequences, Public Involvement and Environmental Assessment C-1: Conduct Environmental Studies, Evaluate Compliance, Environmental Assessment Factors and Impact Codes, Input into HEROS C-2: Public Involvement Meeting C-3: Community Outreach Meeting (None Anticipated) C-4: Review Feasible Alternatives and Prepare Environmental Assessment Task D: Public Hearing and Final Environmental Assessment/ Finding of No Significant Impact D-1: Prepare Information for and Attend Public Hearing/ Analyze Comments D-2: Prepare FONSI (Finding of No Significant Impact) on Selected Alternative/ Submit for Review and Approval The Mayor, the City Engineer, and the Grants Coordinator would like to establish a not- to-exceed amount for Professional Engineering Services of One Hundred Four Thousand Five Hundred Eighteen Dollars ($104,518.00). Grant does not cover this expenditure. Previous Actions: Meeting 3/10/2025 Resolution No. 5389-25 approved the Choice of Volkert, Inc. and authorized the Mayor to negotiate the not-to-exceed fee to be approved by Council. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55965 Airport Industrial Park $0.00 $104,518.00 ($104,518.00) Budget transfer: General fund 001-49998 Budget Rollover ($104,518.00) 001900-50965 Transfers-Cap Project Fund $104,518.00 Capital Project Fund 103-49810 Transfers from General Fund ($104,518.00) 103-55965 Airport Industrial Park $104,518.00 GRANT: N/A LEGAL IMPACT: N/A Page 195 of 481 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 196 of 481 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 Volkert, Inc. for Professional Engineering Services for (RFQ PS25-011) for the Airport Industrial Park Environmental Assessment with a not-to- exceed contract amount of $104,518.00. Authorize budget transfer from the General Fund to the Capital Project fund in the amount of $104,518.00 ADOPTED ON THIS 24TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 197 of 481 Volkert, Inc. 1110 Montlimar Drive Suite 1050 Mobile, Alabama 36609 (251) 342-1070 www.volkert.com A Century of Integrity in Infrastructure March 13, 2025 VIA E-Mail Ms. Sherry Sullivan, Mayor City of Fairhope 161 North Section Street Fairhope, Alabama 36532 RE: Proposal for Environmental Assessment for Airport Industrial Park Dear Mayor Sullivan: Enclosed, please find a copy of our proposal to provide professional services for the following project: Environmental Assessment – Airport Industrial Park (US Department of Housing and Urban Development (HUD)) This proposal has been developed in response to the City’s request to complete the environmental requirements of the HUD Community Project Funding (CPF) Grant recently awarded to the City for the development of an Industrial Park on the west side of the Airport. Please refer to the attached proposal for a detailed description of the scope and fee to perform these services. Volkert, Inc. will perform the services listed in this proposal for a lump sum of $104,518.00. Thank you for the opportunity to provide these services. If you have any questions or comments or require additional information, please contact us. If the City agrees with the provided proposal, please let us know and we will send a copy of our standard agreement for execution between Volkert, Inc. and the City of Fairhope. Sincerely, VOLKERT, INC. Jordan Stringfellow, P.E. Assistant Vice President JHS/ Attachment VOLKERT, INC. Jordan Stringfellow, Assistant Vice Presid VOLKERT, INC. Jordan Stringfellow, P Assistant Vice Presid Jordan Stringfellow, Project Engineer Page 198 of 481 Page 1 of 15 Scope of Work For City of Fairhope Industrial Site Improvements Baldwin County, Alabama Environmental Assessment (US Department of Housing and Urban Development) Volkert, Inc. March 12, 2025 Page 199 of 481 Page 2 of 15 The City of Fairhope (CITY) has requested Volkert, Inc. (CONSULTANT) to prepare an Environmental Assessment (EA), pursuant the National Environmental Policy Act (NEPA) for improvements at an Industrial Site west of the H.L. “Sonny” Callahan Airport in Fairhope, Baldwin County, Alabama. The PROJECT includes water, sewer, and street improvements. The CONSULTANT will perform environmental studies, prepare required environmental documents, and endeavor to secure location approval for the PROJECT. An environmental document will be prepared in accordance with the following: • U.S. Department of Housing and Urban Development (HUD) Environmental Regulations – 23 CFR Parts 50, 51, 55, and 58, • National Environmental Policy Act (NEPA) of 1969, as amended, and • Council on Environmental Quality (CEQ), Regulations for Implementing the Procedural Provisions of the NEPA. All work performed by the CONSULTANT under this AGREEMENT will be subject to the Review, Approval and Acceptance of the CITY and HUD. The Scope of Work is described in detail below and the numerical designations correlate to the accompanying spreadsheet. When appropriate, the CONSULTANT will prepare addendums to previously prepared technical studies. The EA will be prepared using HUD’s Environmental Review Online System (HEROS). Page 200 of 481 Page 3 of 15 ENVIRONMENTAL ASSESSMENT & FONSI Task A: Preliminary Investigation and Develop Purpose and Need A-1 Obtain & Study CITY Supplied Maps and Design Files The CONSULTANT will obtain maps and any available design files from the CITY for the proposed PROJECT. A-2 Existing Conditions and Trends (Study Existing Reports and Plans, Prepare Base Maps, Identify Features & Environmental Sensitive Areas). At the onset of the PROJECT, the CONSULTANT will collect secondary source data that is readily available from various sources including federal and state agency databases. Information will also be gathered from prior studies conducted at the site and from stakeholders. A field reconnaissance visit will be conducted to verify the collected data. The secondary source data shall include, but not be limited to information pertaining to the following: • Land Use (existing and planned), • Natural Resources (wetlands, streams, threatened and endangered species), • Cultural Resources (historic structures, archaeological sites), • Soils, • Community Features (churches, cemeteries, schools), • Socio-Economic (census data, demographics, economics), and • Potential hazardous materials sites. The collected data will be used to create maps using GIS to identify the existing conditions and trends in accordance with 24 CFR 58.40(a) and to identify any potential impacts associated with the proposed PROJECT. Coordination meetings will also be held with the HUD and the CITY through the duration of the PROJECT to obtain information and update the potential impacts relative to any design changes. Page 201 of 481 Page 4 of 15 A-3 Consult with Various Agencies, Ascertain Their Requirements The CONSULTANT will conduct early coordination with various Federal, State and Local agencies for the PROJECT. The CONSULTANT will also consult via letters, phone conversations, meetings and e-mail with various agencies and organizations to ascertain requirements they may have that would affect the PROJECT. Initial coordination meetings may also be conducted with the Federal Aviation Administration, US Army Corps of Engineers (USACE), US Fish and Wildlife Service (UFWS), Alabama Department of Environmental Management (ADEM), and Alabama Historical Commission (AHC) and others. If necessary, the CONSULTANT will also meet with area stakeholders. All coordination will be documented. A-4 Develop and Finalize Purpose and Need and Present to CITY/HUD The CONSULTANT will prepare an Introduction to the PROJECT that includes the history of the PROJECT. The CONSULTANT will also prepare the Purpose and Need for the PROJECT consistent with 40 CFR 1508.9(b) and will meet with the CITY and HUD, if necessary, to discuss. Task B – Description of Proposed Action and Alternatives It is anticipated that one (1) Build Alternative will be evaluated through the NEPA process. The CITY will provide the design for all components of the proposed PROJECT. The description of the proposed PROJECT will be developed in accordance with 24 CFR 50.12, 58.32 and 40 CFR 1508.25. B-1 Alternatives Considered If any other alternatives were considered, The CONSULTANT will describe the location requirements, screening evaluation of additional alternatives considered but eliminated from further consideration. Page 202 of 481 Page 5 of 15 B-2 Alternatives Carried Forward for Detailed Consideration The CONSULTANT will describe the No Action or No Build Alternative and Build Alternative. Task C – Affected Environment, Environmental Consequences, Public Involvement and Environmental Assessment C-1 Conduct Environmental Studies, Evaluate Compliance, Environmental Assessment Factors and Impact Codes, Input into HEROS: The CONSULTANT will conduct social, economic, and environmental studies for the No Build and one (1) Build Alternative sufficient to comply with Statutes, Executive Orders (EOs), and Regulations listed at 24 CFR Part 50.4, 58.5, and 58.6. These studies will be conducted on the feasible and reasonable alternative carried forward through the environmental documentation process (NEPA). When appropriate, the CONSULTANT will prepare addendums to the previously prepared technical studies. The CONSULTANT will evaluate if formal compliance steps or mitigation measures required to construct the PROJECT in accordance with Statutes, EOs, and Regulations listed at 24 CFR Part 58.5 and 58.6. The compliance determinations will be included in the NEPA document. The NEPA document will include source documentation for each regulatory authority. Where applicable, the CONSULTANT will complete the necessary reviews or consultations and will describe the applicable permits and approvals. The EA document will clearly note citations, dates/names/titles of contacts, and page references. Additional information will be attached as appropriate. Compliance or conformity determinations will be made in the EA for the following: • Airport Hazards (24 CFR Part 51 Subpart D). • Coastal Barrier Resources Act. The CONSULTANT will evaluate the PROJECT relative to the Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990, 16 USC 3501. Page 203 of 481 Page 6 of 15 • Flood Insurance, Floodplain and Floodway Impact Analyses (Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a] and EO 11988, particularly section 2(a); 24 CFR Part 55). In accordance with the National Flood Insurance Act and EO 11988 – Floodplain Management, floodplains and floodways in the study area will be identified as part of the environmental screening, through the review of the FIRMS. The CONSULTANT will confirm if the PROJECT encroaches into a base (100-year) floodplain and/or regulatory floodway. If the Build Alternative encroaches on a floodplain or floodway, the CONSULTANT will evaluate and discuss practicable alternatives with the CITY. If a detailed floodplain study (also referred to as a location hydraulic study) is required in conformance with 23 CFR 650, Subpart A, the study will be prepared by others. • Clean Air (General Conformity). The CONSULTANT will evaluate the projects conformity with air quality goals in accordance with the Clean Air Act section 176(c) and (d) and 40 CFR Parts 6, 51, and 93. In accordance with EO 14148 analysis of compliance with this environmental review factor is not required. • Coastal Zone Management. The CONSULTANT will evaluate the PROJECT relative to sections 307(c) & (d) of the Coastal Zone Management Act. The consistency with the state coastal zone management program will also be determined. • Contamination and Toxic Substances (24 CFR Part 50.3(i) & 58.5(i)(2)). The CONSULTANT will prepare an addendum to the previously prepared Phase I investigation for the PROJECT. The CONSULTANT will summarize the Phase I findings in the NEPA document. • Endangered Species (Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402). The CONSULTANT will coordinate with the USFWS Daphne, Alabama Office regarding endangered or threatened species that may exist within the project area. The Page 204 of 481 Page 7 of 15 CONSULTANT shall perform studies of endangered and threatened species in accordance with Section 7 of the Endangered Species Act to the point where a “no effect” or a “may effect” determination can be made for the one (1) Build Alternative carried forward in the environmental document. The CONSULTANT will prepare an addendum to the previously prepared endangered species assessment for the PROJECT. In the event of a “may effect” determination, additional studies may be required for Formal Consultation with the USFWS. If additional studies are required (species specific Biological Assessments), the CITY may enter into a SUPPLEMENTAL AGREEMENT with the CONSULTANT. Reports and data justifying the need for additional studies will be supplied to the CITY along with a proposal for the work under the SUPPLEMENTAL AGREEMENT. • Explosive and Flammable Hazards (24 CFR Part 51 Subpart C). The CONSULTANT will prepare an addendum to the previously prepared Phase I investigation for the PROJECT. The CONSULTANT will summarize the Phase I findings in the NEPA document. If additional studies are required (additional research, testing, or risk assessment evaluations), the CITY may enter into a SUPPLEMENTAL AGREEMENT with the CONSULTANT. Reports and data justifying the need for additional studies will be supplied to the CITY along with a proposal for the work under the SUPPLEMENTAL AGREEMENT. • Farmland Protection. In accordance with the Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541, and 7 CFR Part 658, the CONSULTANT will evaluate the proposed PROJECTS potential impact to farmland. • Historic Preservation (National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800). The CONSULTANT will prepare an addendum to the previously prepared Phase I Cultural Resources Assessment for the PROJECT. Archeological and architectural surveys will follow SHPO guidelines and involve pedestrian coverage and shovel testing at 30 meters (100 foot) intervals for the (1) Build Page 205 of 481 Page 8 of 15 Alternative. The archaeological phase of the cultural resources survey will identify sites that will be affected by the Build Alternative carried forward in the environmental document. The assessment will include a recommendation as to whether archeological or architectural resources are eligible for the National Register of Historic Places. If there are sites recommended for eligibility that cannot be avoided, a SUPPLEMENTAL AGREEMENT may be implemented to determine if the sites are important for what can be learned by data recovery or if the sites warrant preservation in-place. Recommendations for further work, including archaeological data recovery, HABS documentation, HAER documentation, marine archaeology, or other mitigation strategies will be presented. The Assessment of Effects (AOE) evaluation will focus on potential effects or impacts (physical, visual, sound) to eligible properties. A summary of the cultural resources report and addendum will be incorporated into the environmental document. Survey reports (architectural and archaeological) will be submitted to the CITY. The CITY will submit the reports to HUD and SHPO/Tribal Historic Preservation Officer (THPO). The CONSULTANT will address any report comments from HUD and SHPO/THPO. • Noise Abatement and Control (Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B). The CONSULTANT will evaluate the PROJECTS potential to contribute to excessive noise in their communities and places of residence. If necessary, the analysis will evaluate highway noise for the No Build and Build Alternative in accordance with 23 CFR 772 and ALDOT’s Highway Traffic Noise Analysis and Abatement Policy and Guidance. If required, a Noise and Vibration Report will be prepared for the PROJECT and the results will be summarized in the NEPA document. • Sole Source Aquifers (Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149). The CONSULTANT will research the watershed, groundwater, Page 206 of 481 Page 9 of 15 and aquafers in the project area. Information regarding wells or sole source aquifers will be discussed in the NEPA document. The NEPA document will also include a discussion regarding the projects potential to impact surface and ground waters. • Wetlands Protection (EO 11990, particularly sections 2 and 5). The CONSULTANT will prepare an addendum to the previously prepared Wetland Delineation Report prepared for the PROJECT. The CONSULTANT will field screen the potential wetland acreage within the study area. Descriptions of the habitats in the project area and the potential impacts the project may have on these habitats will also be included in the NEPA document. The CONSULTANT will calculate the approximate wetland and stream acreage impacts of the Build Alternative carried forward through the environmental process. • Wild and Scenic Rivers (Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c)). The CONSULTANT will identify any rivers designated as Wild and Scenic in the study area. • Environmental Justice (EO 12898). In accordance with EO 14173 analysis of compliance with this environmental review factor is not required. The CONSULTANT will evaluate the significance of the effects of the proposal on the character, features, and resources of the project area. Source documentation will be provided and described in support of each determination, as appropriate. Credible, traceable, and supportive source documentation for each authority will also be provided. Where applicable, the necessary reviews or consultations will be completed within the scope of this contract. Citations, dates/names/titles of contacts, and page references will be clearly identified. Additional documentation will also be attached, as appropriate. All conditions, attenuation or mitigation measures will also be clearly identified. For each Environmental Assessment Factor, the following impact codes will be used to describe the potential impacts. Page 207 of 481 Page 10 of 15 (1) Minor beneficial impact, (2) No impact anticipated, (3) Minor Adverse Impact – May require mitigation, or (4) Significant or potentially significant impact requiring avoidance or modification which may require an Environmental Impact Statement. The following Environmental Assessment Factors and Categories will be evaluated in the EA. HEROS will be used to prepare the EA. HEROS is a web-based system for Responsible Entities to prepare and manage their Environmental Review Records (ERR). HEROS applies to all environmental reviews for HUD-assisted projects. • CLIMATE AND ENERGY. In accordance with EO 14148 analysis of compliance with this environmental review factor is not required. • LAND DEVELOPMENT: The Land Development impact category consists of the physical elements of the potential PROJECT and project area. This assessment will evaluate the PROJECT relative to: - Conformance with Plans, - Compatible Land Use and Zoning, - Scale and Urban Design, - Soil Suitability, - Slope, - Erosion, - Drainage/ Storm Water Runoff, and - Hazards and Nuisances including Site Safety and Noise. • SOCIO-ECONOMIC. The Socioeconomic impact category consists of human-level elements that may be affected by a project. This section will evaluate the PROJECTS potential impacts to: Page 208 of 481 Page 11 of 15 - Employment and Income Patterns, - Demographic Character Changes, and - Displacements. • COMMUNITY FACILITIES AND SERVICES: The Community Facilities and Services impact category consists of the community assets and services impacted by, and necessary for, a potential project. This section will evaluate the PROJECTS potential impacts to: - Educational and Cultural Facilities, - Commercial Facilities, - Health Care Services, - Social Services, - Solid Waste Disposal / Recycling, - Wastewater / Sanitary Sewers, - Water Supply, - Public Safety - Police, Fire and Emergency Medical, - Parks, Open Space and Recreation, - Transportation and Accessibility, - Additional Resources. • NATURAL FEATURES. The Natural Features impact category consists of the natural features surrounding or on the site of potential projects. These include: - Unique Natural Features, - Water Resources, - Vegetation, and - Wildlife. Page 209 of 481 Page 12 of 15 The CONSULTANT will also include discussions and the findings in the EA from any additional studies performed, dates of field inspections and will include a list of sources, agencies and persons consulted [40 CFR 1508.9(b)] and a list of permits obtained. The CONSULTANT will conduct an indirect and cumulative impacts analysis for the No Build and one (1) Build Alternative carried forward in the EA. As appropriate for each technical issue addressed in the EA, the analysis will include an assessment of cumulative effects that may result from the proposed project, other reasonably foreseeable future government actions and private actions that would occur with or without the proposed action. The analysis of indirect and cumulative impacts will be conducted based on the CEQ’s Considering Cumulative Effects under the National Environmental Policy Act (January 1997) guidelines. C-2 Public Involvement Meeting. A public involvement meeting is not anticipated. The CONSULTANT will prepare a Notice of Intent (NOI) for the project. The NOI will be published, and a Request for Release of Funds will be prepared for the PROJECT. C-3 Community Outreach Meeting. None Anticipated. C-4 Review Feasible Alternatives and Prepare EA. The CONSULTANT will prepare an initial Draft EA using HEROS. The CONSULTANT will prepare the EA consistent with the requirements of the requirements of HUD and CEQ as guides. The CONSULTANT will incorporate the results of the Purpose and Need statement, the alternatives considered and information and results of the technical studies into HEROS. Where appropriate, proposed and/or potential mitigation measures will be discussed. As a part of the environmental documentation, tables and figures will be developed to illustrate and explain the study area characteristics, one (1) reasonable Build Alternative, and location of impacts. Text will be written in a user-friendly manner and will include Page 210 of 481 Page 13 of 15 graphics and comparison tables as attachments if necessary and where applicable. The CONSULTANT will produce the initial draft of the EA and perform an internal quality review prior to submission of the draft to the CITY and HUD. • Revise Draft EA in response to CITY Re-submit. The CONSULTANT will address any comments the CITY may have on the initial draft EA and will re-submit. The initial draft EA will then be submitted to HUD using HEROS for the initial review. • Revise EA in Response to HUD Comments. Following the receipt of comments from the HUD on the initial draft of the EA, the CONSULTANT will revise the draft EA and re- submit the new version for review by the CITY and HUD. Comment disposition documents will accompany each revised submittal. • Attend two (2) meetings with CITY and HUD to Discuss Comments. The CONSULTANT will participate in up to two (2) meetings with the CITY and HUD to review their comments on the draft EA. • Distribute approved EA. Upon approval by HUD, if necessary, the CONSULTANT will produce electronic copies of the final version to be distributed. If requested, the CONSULTANT will also provide a PDF version of the EA from HEROS for posting on the CITY’s and/or HUD’s website. Task D – Public Hearing and Final Environmental Assessment / Finding of No Significant Impact D-1 Prepare Information for and Attend Public Hearing / Analyze Comments. A public hearing is not anticipated. The CONSULTANT will prepare a NOI for the project. The NOI will be published, and a Request for Release of Funds will be prepared for the PROJECT. D-2 Prepare FONSI on Selected Alternative / Submit for Review and Approval Page 211 of 481 Page 14 of 15 • Prepare initial draft FONSI and Submit to CITY for Review. After selection of the Preferred Alternate by the CITY and HUD, the CONSULTANT shall prepare a FONSI complying with all HUD guidelines and directives. The FONSI will summarize all mitigation measures to reduce, avoid, or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with applicable state and federal laws. These measures/conditions will be incorporated into project contracts, development agreements, and other relevant documents. The staff responsible for implementing and monitoring mitigation measures will also be clearly identified in the mitigation plan. • The CONSULTANT will produce the initial draft of the FONSI and perform an internal quality review prior to submission of the draft to CITY. • Revise initial draft FONSI in response to CITY comments and re-submit. The CONSULTANT will address any comments the CITY may have on the initial draft FONSI and will re-submit. The initial draft FONSI will then be submitted to the HUD for the initial review in HEROS. • Revise draft FONSI in response to HUD comments and re-submit. Following the receipt of comments from the HUD on the initial draft of the FONSI, the CONSULTANT will revise the draft FONSI and resubmit the new version for review by the CITY and HUD. Comment disposition documents will accompany each revised submittal. • Attend two (2) meetings with CITY & HUD to discuss comments. The CONSULTANT will participate in up to two (2) meetings with the CITY and HUD to review their comments on the draft FONSI. • Distribute FONSI. Upon approval by HUD, if necessary, the CONSULTANT will produce electronic copies of the final version to be distributed. The CONSULTANT will also provide a PDF version of the FONSI for posting on the CITY’s and HUD’s website. Page 212 of 481 Page 15 of 15 If it is determined that a full Environmental Impact Statement (EIS) or a Section 4(f)/6(f) is required, a SUPPLEMENTAL AGREEMENT between the CONSULTANT and CITY will be negotiated and entered into in order to provide such additional work. Page 213 of 481 VOLKERT, INC. MANPOWER AND FEE PROPOSAL FOR CITY OF FAIRHOPE INDUSTRIAL SITE IMPROVEMENTS BALDWIN COUNTY, ALABAMA ENVIRONMENTAL ASSESSMENT (US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEPA) March 12, 2025 Page 214 of 481 Page 215 of 481 3/12/2025 Alabama State Port Authority 11:23 AM Project No. County BALDWIN COUNTY, ALABAMA Description INDUSTRIAL SITE IMPROVEMENTS Scope of Work Consultant Volkert, Inc. Engineer Engineer. Tech.Environment Environ. Tech.Clerical A-1 Obtain & Study ASPA Supplied Maps and Design Files 0.25 Initial Preliminary Field Review Obtain existing data on environmental features and hazardous materials sites 0.50 Create/Label Base Maps with generalized avoidance features 0.50 Evaluate area land use and transportation plans 0.50 Coordinate/Meet with HUD (& CITY) through duration of project 1.00 3.00 A-3 Consult With Various Agencies, Ascertain Their Requirements Develop mailing lists and correspondence 0.50 Prepare and Conduct Early Coordination 1.00 Meet with resouce agencies (USACE, USFWS, ADEM, AHC and Others)0.25 1.00 0.25 A-4 Develop and Finalize Purpose and Need and Present to ASPA/HUD Prepare Introduction and Project History (discuss use and any studies prepared on the site)0.25 1.00 Develop Draft Purpose and Need 0.25 1.00 Finalize / Update Purpose and Need 0.50 Present to City, HUD and other agencies 0.25 0.00 0.00 2.00 10.00 0.00 B-1 Alternatives Considered Describe Location Requirements (Describe roadway connectivity, location to existing facilities)0.50 Describe Screening Criteria 0.50 B-2 Alternatives Carried Forward for Detailed Consideration Describe No Action or No Build Alternative 1.00 0.50 2.00 0.00 0.00 0.50 4.00 0.00 ENVIRONMENTAL ASSESSMENT (US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEPA) Environmental Assessment / Finding of No Significant Impact Meet with stakeholders & area businesses Task A: Preliminary Investigation & Develop Purpose and Need Task A: Preliminary Investigation & Develop Purpose and Need Totals A-2 Exiting Conditions and Trends (Study Existing Reports and Plans, Prepare Base Maps, Identify Features & Env. Sensitive Areas). Task B: Description of Proposed Action and Alternatives Totals Describe Alternatives Consided but Eliminated from Further Consideration (Describe any other concepts/configurations initially considered but eliminated early-on and Prepare Illustration(s)) Task B: Description of Proposed Action and Alternatives Decribe Build Alternative (Describe proposed water, sewer and street scope, prepare maps) Page 216 of 481 3/12/2025 Alabama State Port Authority 11:23 AM Engineer Engineer. Tech.Environment Environ. Tech.ClericalEnvironmental Assessment / Finding of No Significant Impact 0.50 Coastal Barrier Resources Act (Coastal Barrier Improvement Act of 1990, 16 USC 3501)0.50 0.50 7.00 0.25 1.00 Coastal Zone Management (sections 307(c) & (d) of the Coastal Zone Management Act)0.25 1.00 Contamination and Toxic Substances (24 CFR Part 50.3(i) & 58.5(i)(2))0.25 4.00 Endangered Species Act (Endangered Species Act of 1973, particularly section 7; 50 CFR Part 402)0.50 4.00 Explosive and Flammable Hazards (24 CFR Part 51 Subpart C)0.25 2.00 0.25 1.00 0.25 1.00 0.50 8.00 0.25 0.50 4.00 Wild and Scenic Rivers (Wild and Scenic Rivers Act of 1968, particularly section 7(b) and (c))0.25 Environmental Justice (Executive Order 12898). Environmental Assessment Factors and Impact Codes CLIMATE AND ENERGY Climate Change Energy Efficiency 0.50 LAND DEVELOPMENT Conformance with Plans 0.25 Compatible Land Use and Zoning 0.25 Scale and Urban Design 0.25 Soil Suitability 0.25 Slope 0.25 Erosion 0.25 Drainage/Storm Water Runoff 0.50 Hazards and Nusiances including Site Safety and Noise 0.25 SOCIO-ECONOMICS Employment and Income Patterns 0.50 Demographic Character Changes 0.50 Displacements 0.50 Environmental Justice COMMUNITY FACILITIES AND SERVICES Education and Cultural Facilities 0.25 Commerical Facilities 0.25 Health Care Services 0.25 Social Services 0.25 Solid Waste Disposal / Recycling 0.25 Wastewater / Sanitary Sewers 0.25 Water Supply 0.25 Public Safety - Police, Fire and Emergency Medical 0.25 Parks, Open Spaces and Recreation 0.25 Transportation and Accessibility 1.00 Additional Resources NATURAL FEATURES Unique Natural Features 0.50 Water Resources 0.50 Vegitation 0.50 Wildlife 0.25 0.50 1.00 2.00 1.00 4.00 Construction Impacts 0.25 1.00 C-2 Public Involvement Meeting (None anticipated). Prepare and advertise Notice of Intent 2.00 Prepare Request for Release of Federal Funds 0.25 C-3 Community Outreach Meetings (None Anticipated) C-4 Review Feasible Alternatives and Prepare Environmental Assessment (EA) Prepare initial draft EA & Submit to City 0.50 5.00 Revise initial draft EA in response to City comments & re-submit 0.25 1.00 Revise initial draft EA in response to HUD comments & re-submit 0.25 1.00 Attend two (2) meetings with City & HUD to discuss comments 0.25 0.50 Distribute approved EA 0.00 0.00 7.50 60.50 0.00 Flood Insurance, Floodplain and Floodway Impact Analysis (Flood Disaster Protection Act of 1973 and National Flood Insurance Reform Act of 1994 [42 USC 4001-4128 and 42 USC 5154a] and Executive Order 11988) Clean Air Act section 176(c) & (d) and 40 CFR Parts 6, 51, and 93, Climate Change and Greenhouse Gases C-1 Conduct Environmental Studies, Evaluate Compliance, Environmental Assessment Factors and Impact Codes, Input into HEROS Farmland Protection (Farmland Protection Policy Act of 1981, particularly sections 1504(b) and 1541, and 7 CFR Part 658) Evaluate Compliance Airport Hazards (24 CFR Part 51 Subpart D) Task C: Affected Environment, Environmental Consequences, Public Involvement and NEPA Document Preparation (EA) Task C: Affected Environment, Environmental Consequences, Public Involvement and Environmental Assessment Totals Indirect Impacts (Evaluate impacts caused by the project and occur later in time or farther removed in distance, but are still reasonably foreseeable. Anticipate limited analysis. Includes time to prepare maps/illustrations.) Cumulative Impacts (Evaluate impacts on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions. Analysis will discuss other actions in the area. Anticipate limited analysis. Includes time to prepare maps/illustrations.) Sole Source Aquifers (Safe Drinking Water Act of 1974, as amended, particularly section 1424(e); 40 CFR Part 149 Wetlands Protection (Executive Order 11990, particularly sections 2 and 5). Historic Preservation (National Historic Preservation Act of 1966, particularly sections 106 and 110; 36 CFR Part 800) - Phase I Report prepared by Subconsultant Noise Abatement and Control (Noise Control Act of 1972, as amended by the Quiet Communities Act of 1978; 24 CFR Part 51 Subpart B) Page 217 of 481 3/12/2025 Alabama State Port Authority 11:23 AM Engineer Engineer. Tech.Environment Environ. Tech.ClericalEnvironmental Assessment / Finding of No Significant Impact D-1 Prepare Information for and Attend Public Hearing / Analyze Comments (None Anticipated) Prepare and advertise Notice of Intent (see above) Prepare Request for Release of Federal Funds (see above) D-2 Prepare FONSI on Selected Alternative/Submit for Review & Approval Prepare initial draft FONSI & Submit to City for Review 0.50 2.00 Revise initial draft FONSI in response to City comments & re-submit 0.25 1.00 Revise draft FONSI in response to HUD comments & re-submit 0.50 1.00 Attend two (2) meetings with City & HUD to discuss comments 0.50 1.00 Distribute approved FONSI 0.50 0.00 0.00 1.75 5.50 0.00 TOTALS 0.00 0.00 11.75 80.00 0.00 Task D: Public Hearing and Final Environmental Assessment/Finding of No Significant Impact Task D: Public Hearing and Final Environmental Assessment/Finding of No Significant Impact Totals Page 218 of 481 3/12/2025 Alabama State Port Authority 11:23 AM Project No. County BALDWIN COUNTY, ALABAMA Description INDUSTRIAL SITE IMPROVEMENTS Scope of Work Consultant TRAVEL COST Trips Miles/Trip $/Mile Total 4 40 $0.700 112.00$ 2 24 $0.700 33.60$ 0 0 $0.700 -$ 0 0 $0.700 -$ 145.60$ Days # People $/Day Total 5 2 $11.25 112.50$ 0 0 $20.00 -$ 0 0 $30.00 -$ 0 0 $75.00 -$ 0 0 $0.00 -$ 112.50$ 258.10$ PRINTING / REPRODUCTION COST Type of printing/reproduction # of Sets Sheets/Set Total Sheets Cost/Sheet Total Public Involvement Meeting Displays 0 9 0 3.00$ -$ Public Hearing Displays 0 9 0 3.00$ -$ Public Meeting Handouts 0 5 0 0.10$ -$ Draft Report Submittals 0 200 0 0.10$ -$ Final Report Submittals 0 225 0 0.10$ -$ 0 0 0 -$ -$ -$ Communication Cost (telephone, fax, etc.)Total -$ Postage Cost (overnight, stamps, etc.)Total 100.00$ Other (provide description on next line)Total 800.00$ 1,158.10$ Comments: ENVIRONMENTAL ASSESSMENT (US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEPA) Volkert, Inc. Out-of-pocket Expenses (CE) Trips to/from Fairhope from Mobile Trips to/from Fairhope from Gulf Shores Travel allowance (overnight)*** Total Printing/Reproduction Cost Noise Meter (500), HAZMAT Database (300) Total Out-of-pocket Expenses Mileage Cost Subsistence Cost Total Travel Cost Total Mileage Cost Total Subsistence Cost Travel allowance (6 hour trips) Travel allowance (12 hour trips - meal provided by others) Travel allowance (12 hour trips) Page 219 of 481 3/12/2025 Alabama State Port Authority 11:23 AM Project No. County BALDWIN COUNTY, ALABAMA Description INDUSTRIAL SITE IMPROVEMENTS Scope of Work Consultant Volkert, Inc. Fee Proposal (HUD NEPA Document) PERSONNEL COST Man-days x Daily Rate Project Manager (10% of Eng. & Env.)1.18 647.00$ 763.46$ Engineer 0.00 544.00$ -$ Engineering Technician/CADD 0.00 393.00$ -$ Environmental 11.75 538.00$ 6,321.50$ Environmental Technician 80.00 344.00$ 27,520.00$ Clerical 0.00 273.00$ -$ Total Direct Labor 34,604.96$ Combined Overhead (%)150.73 52,160.06$ Out-of-Pocket Expenses**1,158.10$ Sub-Total 87,923.12$ Operating Margin (15%)13,188.47$ Sub-Total 101,111.59$ SUB-CONSULTANTS (attach man-day & fee FROM each sub-consultant; show total fee for each here) All Phases Archaeology (Cultural Resouces)3,000.00$ -$ -$ -$ -$ -$ Subconsultant Administration Expense (5%)150.00$ Sub-Total 104,261.59$ Facilities Capital Cost of Money (% of Direct Labor)0.74 256.08$ TOTAL FEE 104,517.67$ **See Grand Total Fee sheet ENVIRONMENTAL ASSESSMENT (US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NEPA) Page 220 of 481 - 1All Phases Archaeology October 25, 2024 Jason Goffinet Assist. Vice President Environmental Planning/NEPA Manager Volkert, Inc. 1110 Montlimar Drive, Suite 1050 Mobile, AL 36609 Jason, Per your request for a proposal regarding a Phase I Cultural Resources Survey of approximately 1.7 acres for the proposed Fairhope Industrial Site Development in Baldwin County, Alabama, All Phases Archaeology, LLC (APA) provides the following information: The purpose of the proposed cultural resources study will be to determine if any prehistoric or historic properties exist within the project boundaries, and if so to document and assess each based on criteria for designation for listing in the National Register of Historic Places (NRHP). All work will be conducted in compliance with Section 106 of the National Historic Preservation Act, as amended, and with standards set by the Alabama Historical Commission (AHC). This work will be supervised by a RPA-certified archaeologist who meets or exceeds the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation. The field survey will document all cultural resources within the study area (Figure 1). The specific goals of the survey will be to: 1) describe the distribution of cultural resources within the APE; 2) determine the location and condition of cultural resources, especially regarding potential NRHP eligibility; 3) determine the types of cultural resources present; 4) classify the types of individual cultural resources present; and 5) record the physical extent of specific resources. In areas where shovel testing is not possible, standard archaeological techniques will be implemented, especially visual observation of the ground surface. SURVEY METHODOLOGY Each shovel test will be screened through ¼-inch hardware mesh screens and all cultural material will be collected and recorded by individual provenience. Approximately 8 initial transect shovel tests are estimated within the project boundaries (Figure 2). Shovel tests will measure roughly 30 cm in circumference and will be dug to at least 80 cmbs or subsoil or water is reached. Excavated shovel tests will be completely refilled immediately after excavation. All Phases Archaeology, LLC 257 Pinehill Drive, Mobile, Alabama 36606 Phone (205) 242-8898 Page 221 of 481 2 - Phase I survey Figure 1. Topographic map showing the approximate project boundary. Project Area (1.7 acres) 1:24,000 ± 0 1,500750 Meters Page 222 of 481 - 3All Phases Archaeology Figure 2. Aerial showing approximate shovel test locations needed within the study area. !S !S !S !S !S !S !S !S !S Shovel Test (8 @ 30m) Project Area (1.7 acres) 1:1,500 ± 0 10050 Meters Page 223 of 481 4 - Phase I survey No tests will be left open overnight during the course of this Phase I survey. Stratigraphy, soil types, and artifact depth will be recorded for each shovel test. All field work will be documented and supplemented by way of photographs and standardized field forms. SITE DELINEATION When archaeological sites are discovered, the site area will be mapped, recording the location of all shovel tests (positive and negative), any surface material, topography, relative position to natural resources such as water, and other information that is determined useful for site interpretation. Delineation shovel tests will be placed in a cruciform pattern at 5 or 10-meter intervals to help define the horizontal and vertical limits of the site. This method of testing will continue until two negative shovel tests are encountered or until delineations extend beyond the project boundaries. Any artifacts that would be recovered during the investigation will be bagged by provenience, and returned to APA’s laboratory for analysis. Handheld Garmin and/or Trimble GPS units will be used to record UTM coordinates for shovel tests and for all archaeological sites discovered. Photographs will be taken of the site area and any features located at the site. Archaeological sites and other cultural resources will be evaluated to a preliminary level necessary for determining its potential eligibility for nomination to the NRHP. Alabama state forms will be completed for any newly discovered sites. ARCHITECTURAL ASSESSMENT In addition to the archaeological survey, an architectural assessment will be conducted for this project. The purpose of the architectural assessment is to determine the effect, if any, on historic architectural resources located within the project area. APA will evaluate any extant buildings over the 50 year threshold for eligibility for the NRHP. Historic resource forms will be completed for any resources meeting this criteria. REPORTING Following the fieldwork and analysis of laboratory materials and other data, APA will produce a report of the survey to be reviewed by any necessary review agencies, meeting Alabama report format guidelines. The report will be of publishable quality, both in format and content. Professionally drafted maps will be included in the report and will be in pdf format. APA will provide bound and digital copies of the final report. APA can provide all necessary personnel and equipment to conduct the investigation for a lump sum total of $3,000.00. Please feel free to contact me at 205-242-8898 should you have any questions or need for additional information. Sincerely, Jon Glass President All Phases Archaeology Page 224 of 481 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Requestor: Richard Johnson/Nicole Love Department: Public Works Project Name: Airport Industrial Park Project Description: Construction of streets, drainage, water and sewer facilities, underground electrical services, access road upgrades, adequate lighting and landscaping/irrigation to create the Airport Industrial Park, a 75-acre contiguous site to the Fairhope Airport. Project Category: Bid Professional Service X Other: RFQ Budget Amount: Budget Code: Budgeted for Current FY: Yes X No BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Richard Johnson Pre-Bid Meeting: No X Yes X Mandatory Non-Mandatory Scope of Work Provided By: Richard Johnson Contract Extensions: X No Yes Project Manager: Richard Johnson Insurance Requirements: X Minimum Maximum Bonds: X Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Page 225 of 481 PRF - Engineer - Airport Ind Park Environmental Assessment Final Audit Report 2024-12-02 Created:2024-12-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA1KowiGG8BamLIFQsyAMjiRcDGVtRQT1y "PRF - Engineer - Airport Ind Park Environmental Assessment" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-12-02 - 6:46:14 PM GMT Document emailed to Nicole Love (nicole.love@fairhopeal.gov) for signature 2024-12-02 - 6:46:59 PM GMT Email viewed by Nicole Love (nicole.love@fairhopeal.gov) 2024-12-02 - 7:00:39 PM GMT Document e-signed by Nicole Love (nicole.love@fairhopeal.gov) Signature Date: 2024-12-02 - 7:12:40 PM GMT - Time Source: server Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-12-02 - 7:12:41 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-12-02 - 7:18:29 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-12-02 - 7:22:27 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-12-02 - 7:22:29 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-12-02 - 9:10:14 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-12-02 - 9:10:15 PM GMT Page 226 of 481 Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-12-02 - 9:11:08 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-12-02 - 9:21:07 PM GMT - Time Source: server Agreement completed. 2024-12-02 - 9:21:07 PM GMT Page 227 of 481 Page 228 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1366 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting the procurement of two (2) complete weather safety systems, for Founders Park and Fairhope Soccer Complex. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve a sole source procurement of the Perry Weather Complete Weather Safety System for Founders Park and Fairhope Soccer Complex for a not-to-exceed procurement cost of $33,000.00, $3,000.00 per year subscription cost, plus a one-time installation cost of $800.00. Authorize Treasurer to transfer $3,000.00 from 001250- 50470 (Vehicles & Equip) to 001250-50300 (Computer Expense) for software subscription portion in FY25 Budget. BACKGROUND INFORMATION: The Director of Parks and Recreation is requesting the procurement of two (2) complete weather safety systems, for Founders Park and Fairhope Soccer Complex. The purchase would include a quantity of two (2) for the following: Outdoor Warning System and Weather Station (OWX): $15,000.00 each Software Subscription: $3000.00 per year Shipping: $400.00 each The total cost will be Thirty-Three Thousand Eight Hundred Dollars ($33,800.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50470 001250- 50300 Recreation - Vehicles & Equip Recreation - Computer Expense $35,000.00 $0.00 $30,800.00 $3,000.00 _________ $1,200.00 Authorize Treasurer to transfer $3,000.00 from 001250-50470 (Vehicles & Equip) to 001250-50300 (Computer Expense) for software subscription portion in FY25 Budget. Page 229 of 481 GRANT: N/A LEGAL IMPACT: City Attorney approved the terms and conditions with changes. Vendor revised the terms and conditions to match the requested changes. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 230 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a Complete Weather Safety System for Founders Park and Fairhope Soccer Complex from Perry Weather as the sole source, and authorizes procurement based on the option by the Code of Alabama 1975, Section 41-16-51(13) with a not-to- exceed purchase cost of $33,000.00, $3,000.00 per year subscription cost, plus a one-time shipping fee of $800.00; and authorizes Mayor Sherry Sullivan to execute a contract. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 231 of 481 ORDER FORM CUSTOMER Customer Name Customer Address Exempt from Sales Tax? If your entity is exempt from sales tax, please email an exemption certificate to billing@perryweather.com to remove sales tax from your invoices. Perry Weather Rep PRIMARY CONTACT EMAIL INVOICES TO Full Name Accounts Payable Email Title Other Email(s) Email Phone ORDER INFORMATION Quote # Itemized Pricing See attached quote Initial Term: Start Date Initial Term: End Date Billing Frequency Billing Method Email Additional Notes This Order Form is governed by the attached Perry Weather Terms & Conditions (“PW Terms”). The PW Terms are hereby incorporated into this document by reference. Prices listed for products and services on the Quote and/or ordered hereunder may not include any applicable taxes. Subscriptions purchased under this Order Form may be billed in advance according to the Billing Frequency listed above and will renew according to the PW Terms. By signing below, you represent and warrant that you have the full authority to enter into this Order and the PW Terms on behalf of Customer. Customer: Perry Weather: By: __________________________________ By: __________________________________ Name: __________________________________ Name: __________________________________ Title: __________________________________ Title: __________________________________ %.1*"%,$*+! *,.$!.%*).,!!. %,$*+! )%.! ..!- ))/' '%0!,%).*) */-%#))0!'*+! $%!"+!,.%)#""%!, (!-&% (*,! Page 232 of 481 Page 233 of 481 Page 234 of 481 1 of 4 PERRY WEATHER TERMS & CONDITIONS 1. DEFINITIONS. For the purpose of these terms and conditions, the following terms have the following meaning: • The term “Perry Weather” shall mean Perry Weather, Inc. • The term “Customer” shall mean the person or persons entering into this Agreement with Perry Weather as identified on the Order Form and/or Quote. • The term “Software” shall mean software provided by Perry Weather to the Customer, such as web-based applications, mobile applications, alerting, or other software, as may be identified in the Order Form and/or Quote. • The term “Hardware” shall mean hardware products provided by Perry Weather to the Customer, such as outdoor warning systems, weather stations, or other hardware, as may be identified in the Order Form and/or Quote. Hardware includes both Subscription Hardware and Sold Hardware as defined below. • The term “Subscription Hardware” shall mean Hardware that shall be owned by Perry Weather and provided to Customer on a subscription basis as may be identified on the Order Form and/or Quote. • The term “Sold Hardware” shall mean Hardware that is sold to Customer as may be identified on the Order Form and/or Quote. • The term “Meteorological Consulting” shall mean weather forecasts, consulting services, advice, representations, or training provided by Perry Weather to the Customer. • The term “Order Form” shall mean an ordering document or online order specifying the products and services to be provided hereunder that is entered into between Customer and Perry Weather, including any addenda and supplements thereto. • The term “Quote” shall mean a quote for Hardware and/or Software provided by Perry Weather to Customer and referenced in an Order Form. 2. AGREEMENT. Perry Weather agrees to provide to Customer the applicable Software and/or Hardware upon the terms specified in the Order Form, Quote, and these Terms and Conditions (collectively, the “Agreement”). In the event of a conflict between the Order Form, Quote, and/or these Terms and Conditions, the terms in the Order Form shall control over both the Quote and these Terms and Conditions, and the terms of the Quote shall only control over a conflicting term in these Terms and Conditions. In the event of a conflict between this Agreement and any cooperative purchasing agreement that may govern certain terms of the purchase and licensing of Software and Hardware, this Agreement shall control. 3. PAYMENT. Customer will pay all fees specified in Order Form and/or Quote and agrees to the payment terms listed in each Order Form and/or Quote, as supplemented by these Terms and Conditions. Unless otherwise set forth in an Order Form or Quote, payment for invoices are due upon receipt. Payments made by credit card will be subject to an additional processing fee. Late payment fees will be charged as follows: (a) one percent (1%) per month or part thereof will be charged for any payment that is more than 30 days late; (b) Payment should be made to: Perry Weather, 1355 Motor Circle, Dallas, TX 75207. As between Perry Weather and Customer, Customer agrees to pay all taxes, including sales, use, excise, purchase, goods and/or services, value-added and other taxes levied against, imposed upon or otherwise arising in connection with the provision of services, and/or any other goods or their use as contemplated hereunder, exclusive, however, of taxes based on Perry Weather’s income, which shall be paid by Perry Weather. 4. TERM AND TERMINATION. The initial term of each subscription shall be as specified in the applicable Order Form and/or Quote. Except as otherwise specified in an Order Form and/or Quote, this Agreement and any subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. Either party may terminate this Agreement for cause by written notice if the other party breaches this Agreement and such breach remains uncured thirty (30) days after the breaching party received written notice. The termination of this Agreement shall not entitle Customer to a refund, in whole or in part, of any amounts paid for Sold Hardware. Upon and after termination or expiration of this Agreement, all licenses granted hereunder will immediately terminate. 5. HARDWARE WARRANTY. Perry Weather warrants that the Sold Hardware shall conform in all material respects to Perry Weather published specifications for a period of one (1) year from the date of installation, and further warrants the battery will remain operational for a period of three (3) years from the date of initial unit installation. This warranty is extended only to the original Customer and only covers failures due to defects in materials or workmanship that occur during normal operation. It does not cover basic maintenance (such as solar panel cleaning or clearing clogged rain gauges), damage caused by improper self-installation, failures that are caused by products not supplied by Perry Weather, or failures that result from accident, vandalism, misuse, tampering or abuse, mishandling, unauthorized alteration, modification or relocation, lightning or other weather events, line power surge, or “Acts of God.” Perry Weather’s obligation under this warranty shall be limited to exchange or replacement of any Sold Hardware or parts (excluding labor costs or installation), which may prove defective under normal use within one (1) year from date of installation, and which Perry Weather’s examination shall disclose to its satisfaction to be defective. 6. CONSULTING SERVICES. It is understood and agreed that the Software and any Meteorological Consulting services provided to Customer by Perry Weather pursuant to this Agreement are only advisory in nature. As in the case of similar products or services provided by the meteorological consulting industry, the Software and Meteorological Consulting services are in part based on data provided by third parties and user input. Therefore, Perry Weather cannot and does not warrant or assume responsibility for the accuracy of the Software or Page 235 of 481 2 of 4 Meteorological Consulting provided by Perry Weather. From time to time, Perry Weather may reasonably change, update, discontinue, or replace the Meteorological Services or features of the Software without notice and as it deems necessary. 7. DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE HARDWARE, METEOROLOGICAL CONSULTING SERVICES, OTHER SERVICES, AND SOFTWARE AND DATA DISPLAYED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROVIDED IN SECTIONS 5 AND 6 ABOVE, PERRY WEATHER MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO CUSTOMER, OR TO ANY AUTHORIZED USER OR THIRD PARTY, INCLUDING ANY WARRANTIES OF QUALITY, ACCURACY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT PERRY WEATHER IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN THE HARDWARE, SOFTWARE, OR SERVICES AND PERRY WEATHER SHALL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM CUSTOMER’S OR ANY AUTHORIZED USER’S RELIANCE ON ANY SUCH INFORMATION OR DATA UNDER ANY CIRCUMSTANCES. PERRY WEATHER DOES NOT WARRANT THAT THE HARDWARE, SOFTWARE, OR METEOROLOGICAL CONSULTING SERVICES WILL BE ERROR-FREE OR THAT THE HARDWARE OR SOFTWARE WILL WORK WITHOUT INTERRUPTIONS. 8. LIGHTNING DISCLAIMER. It is not possible to predict or detect when and where lightning will strike or has struck with 100% accuracy. Perry Weather does not guarantee or warrant that the Hardware, Software, or any associated Meteorological Consulting services, will be error-free or able to predict or detect lightning with any specified degree of accuracy. Customer acknowledges that lightning strikes are outside of Perry Weather’s ability to control, detect, or predict and waives and releases Perry Weather and its data providers from any and all claims and liability related to any form of damage caused by lightning. Perry Weather uses data from Vaisala and other third parties in its Hardware, Software, and Meteorological Consulting. EXPERIENCE HAS PROVEN THAT THE TIMELINESS, RESOLUTION AND MANNER IN WHICH LIGHTNING DATA IS DISPLAYED DOES NOT SOLELY SUPPORT THE EFFECTIVE OR RELIABLE USE OF THE DATA IN MAKING DECISIONS OF AN IMMEDIATE OR SHORT-TERM NATURE THAT INVOLVE THE SAFETY OF PERSONNEL OR ASSETS. ANY SUCH APPLICATIONS OR SIMILAR USES BY CUSTOMERS ARE DONE AT THE RISK OF THE USER AND ARE NEITHER CONDONED NOR RECOMMENDED BY PERRY WEATHER, VAISALA, VAISALA’S SUPPLIERS, OR PERRY WEATHER’S OTHER THIRD-PARTY PROVIDERS. 9. OWNERSHIP AND POSSESSION OF THE HARDWARE. Title to any Subscription Hardware shall at all times remain in Perry Weather and Customer shall have only the right to retain the possession of said Subscription Hardware pursuant to the conditions in this Agreement. Customer shall give Perry Weather immediate notice of any claim, levy, lien, or legal process issued against the Subscription Hardware. Customer will not place, nor allow to be placed, the Subscription Hardware in the possession of any other party, save and except to return the Subscription Hardware to Perry Weather. Customer hereby agrees that it will not, nor will it allow, the Subscription Hardware to be encumbered in any form. Customer will not allow any lien to be placed upon the Subscription Hardware, will not pledge the Subscription Hardware as collateral for any debt, current or future, and will immediately notify Perry Weather of any legal actions, proceedings or the threat thereof, which might result in the encumbrance of the Subscription Hardware. 10. OPERATION, ALTERATIONS, MAINTENANCE AND INSPECTION OF THE HARDWARE. Customer shall be responsible for the maintenance and repair of Sold Hardware subject to the warranties set forth in Section 5. Perry Weather shall be responsible for maintenance and repair to any Subscription Hardware, including parts and shipping but excluding labor (which will be charged at Perry Weather’s customary rates), due to defective components or workmanship, damage or malfunction caused by wind, hail, lightning, clogged rain gauges, dirty solar panels, and defective battery (such battery replacement limited to three (3) years from date of initial unit installation). In all other cases, Customer shall be responsible for maintenance and repair to Subscription Hardware (and shall pay such Perry Weather fees associated therewith), including, but not limited to, damage caused by vandalism, tampering, unauthorized modification or relocation, misuse or accident, damage caused by improper self-installation, or theft. Customer shall use the Hardware in a careful and proper manner and shall comply with all laws, ordinances, regulations and instruction from Perry Weather relating to the possession, use, or maintenance of the Hardware. Customer agrees that it will make no alterations to any Subscription Hardware without obtaining prior written permission and instruction from Perry Weather. If Customer desires that Perry Weather physically relocate Hardware after initial installation, additional service fees will apply. All additions and improvements to the Subscription Hardware of any kind shall immediately become the property of Perry Weather and subject to the terms of this Agreement. Customer shall promptly notify Perry Weather within three (3) business days following any event or occurrence that would require maintenance or repair to the Subscription Hardware. The amount payable under this Agreement shall not be reduced by the loss of use of any Hardware. Perry Weather shall have the right at any time, following seventy-two (72) hours prior written notice to Customer, to enter the premises occupied by the Subscription Hardware and shall be given free access thereto and afforded necessary facilities for the purpose of inspection. 11. RISK OF LOSS. Customer hereby assumes all risks of loss of and damage to the Hardware from any cause (including, but not limited to, self- installation of the Hardware by Customer) and agrees to return any Subscription Hardware to Perry Weather in as good condition as when received. No loss of or damage to the Hardware shall impair any obligation of Customer under this Agreement, and all such obligations shall continue in full force and effect until otherwise discharged. 12. RETURN OF HARDWARE. Upon termination of this Agreement, Customer agrees to deliver, at Customer’s sole cost and expense, the Subscription Hardware in good condition, ordinary wear and tear resulting from proper use thereof alone excepted, and free and clear of encumbrances, to Perry Weather, or allow Perry Weather to enter the premises occupied by the Subscription Hardware to remove such Subscription Hardware. In the event Customer elects to have Perry Weather remove the Subscription Hardware, Customer will be responsible for fees associated with the uninstallation services rendered. 13. LIABILITY. EXCEPT AS OTHERWISE SET FORTH HEREIN, CUSTOMER AND SUBSEQUENT USERS OF SOFTWARE AND HARDWARE HEREBY WAIVE AND RELEASE PERRY WEATHER FROM ANY LIABILITY FOR DAMAGE OR INJURY CAUSED BY METEOROLOGICAL CONSULTING, SOFTWARE, SELF-INSTALLATION OF HARDWARE BY CUSTOMER AND HARDWARE OPERATION ON ANY PREMISES. Page 236 of 481 3 of 4 14. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY, OR ANY THIRD PARTY, FOR ANY INCIDENTAL, CONSEQUENTIAL, NOMINAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. EACH PARTY’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS AGREEMENT, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00). THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS OR CUSTOMER’S LIABILITY FOR DAMAGE TO THE HARDWARE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. 15. LICENSE AND DATA RIGHTS. Perry Weather hereby grants to Customer a non-exclusive license to use any Software furnished to Customer as identified on the Order Form and/or Quote, including any restrictions on the number of authorized users. Customer shall not have the right to assign, sublicense, rent, lease, lend, publish, distribute or otherwise transfer such license except as otherwise provided herein. No title to or ownership of the Software or any unmodified parts thereof is transferred to Customer under this license. Customer shall not copy any Software in whole or in part, nor shall it attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Software. As between Perry Weather and Customer, Perry Weather is and will remain the sole and exclusive owner of all right, title and interest in and to all weather-related data (irrespective of how such data is collected), including all intellectual property and other rights relating thereto. 16. INDEMNIFICATION. Perry Weather will indemnify, defend and hold Customer harmless from and against any third-party claims, losses, liabilities, damages, expenses and costs, including attorney’s fees and court costs (i) as to any rightful claim that Customer's use of the Software, Hardware or Meteorological Services infringes a United States patent or copyright, (ii) that arises from the breach by Perry Weather of its obligations under this Agreement, or (iii) resulting from personal injury or property damage that arises from Perry Weather’s recklessness, gross negligence, or willful misconduct when any Perry Weather employee or contractor is on-site at Customer’s premises. The party seeking indemnification shall provide the indemnifying party with prompt written notice of any claim and give complete control of the defense and settlement of the indemnifying party, and shall cooperate with the indemnifying party, its insurance company and its legal counsel in its defense of such claim(s); if, however, Perry Weather is indemnifying Customer for a claim that Perry Weather, the Hardware, and/or the Software infringes the intellectual property rights of a third party, Perry Weather shall have complete control of the defense and settlement of said claim. This indemnity shall not cover any claim in which there is a failure to give the indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim. In the defense or settlement of a claim, or if use of the Hardware or Software is enjoined, Perry Weather may, at its expense and option: (a) procure for Customer the right to continue using the Hardware or Software; (b) replace or modify the Hardware or Software so they become non-infringing; or if neither of these is practical, (c) grant Customer a credit for the Hardware or Software as depreciated and accept return of the Hardware or Software as applicable. Depreciation shall be an equal yearly amount over the lifetime of the Hardware or Software, as established by Perry Weather. Perry Weather will not be liable to Customer for any claim that is based upon: (i) use of the Hardware or Software in modified form or in a manner for which they were not designed; (ii) use of the Hardware or Software in combination with goods or services not provided by Perry Weather; (iii) use of the Hardware or Software in practicing any process; or (iv) furnishing to Customer of any information, service or applications assistance. The foregoing states the entire liability of Perry Weather with respect to infringement of patents or copyrights by any Hardware or Software provided by Perry Weather. 17. GOVERNING LAW, VENUE,. The validity, construction, and interpretation of the terms and conditions herein and all rights and duties of Perry Weather and Customer, and all matters related to the products and services covered by this Agreement, shall be governed by the substantive laws of the State of Alabama without regard to conflict of laws rules that would confer the matter in question to a state other than Alabama. Customer and Perry Weather agree that any action brought by Customer against Perry Weather shall be venued only in the in the State of Alabama. 18. EXTRAORDINARY CIRCUMSTANCES. Except for Customer’s payment obligations under this Agreement, neither Perry Weather nor the Customer shall be liable for nonperformance caused by circumstances beyond their control, including but not limited to, work stoppages, pandemics, floods, lightning and all other acts of God. 19. ENTIRE AGREEMENT. This Agreement is the entire agreement between Customer and Perry Weather regarding the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. 20. ASSIGNMENT. Except to the extent assigned to a related entity or as a part of the sale of all or substantially all of its assets or as a part of a merger, sale, or other corporate transaction, neither party shall assign this Agreement, or any interest in this Agreement, without the other party’s prior written consent, which consent shall not be unreasonably withheld. Except in connection with an approved assignment, Customer shall not provide access to Software, or any part of it, to any third parties without Perry Weather’s prior written consent, which consent shall be in Perry Weather’s sole discretion. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns. 21. EQUITABLE REMEDIES. The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. 22. ATTORNEYS' FEES. In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party to enforce the covenants contained in this Agreement (or obtain any other remedy in respect of any breach of this Agreement), the prevailing Page 237 of 481 4 of 4 party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs. 23. NOTICES. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing to the parties at the addresses set forth in the Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. 24. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 25. WAIVER. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 26. RELATIONSHIP OF THE PARTIES. Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employee/employer or agency relationship. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party. 27. MISCELLANEOUS. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either Party to this Agreement. Each of the sections contained in this Agreement will be enforceable independently of every other section in this Agreement, and the invalidity or non-enforceability of any section will not invalidate or render unenforceable any other section contained in this Agreement. Perry Weather may amend this Agreement from time to time by sending Customer written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Perry Weather written notice of rejection of the amendment. In case of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Customer’s next renewal term following the Proposed Amendment Date (unless Customer first terminates this Agreement pursuant to Section 4). This Agreement may not be amended in any other way except through a written agreement signed by Perry Weather and Customer. Rates are subject to increase annually, limited in non-renewal years to the greater of: the Consumer Price Index for all Urban Consumers (CPI), or three percent (3%). This Agreement may be executed in one or more counterparts, each of which when executed shall be deemed to be an original but all of which shall constitute one and the same Agreement. Page 238 of 481 Page 239 of 481 Page 240 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1384 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting the procurement of labor and materials to install ADA compliant ramps for the entry to Majors Field at Volanta Park. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the installation of ADA compliant ramps for the entry to Majors Field at Volanta for low bid not-to-exceed cost of $17,500.00. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting the procurement of labor and materials to install ADA compliant ramps for the entry to Majors Field at Volanta Park. 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 MH McLaughlin, LLC. for the low bid not-to-exceed cost of Seventeen Thousand Five Hundred Dollars ($17,500.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 (line 60) Recreation - Capital Improvements $17,500.00 $17,500.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A Page 241 of 481 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 242 of 481 RESOLUTION NO. ________ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the installation of an ADA ramping system for entry to Majors Field to MH McLaughlin, LLC for a not-to-exceed cost of $17,500.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED THIS 24TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 243 of 481 Invoice Date 3/12/2025 Invoice # 1438 Bill To City of Fairhope P.O. Drawer 429 Fairhope, AL 36533 MH McLaughlin, LLC 7 Greenbrier Lane Fairhope, Alabama 36532 251.402.3375 Terms Net 10 Total Description Quantity Rate AmountDatePayee Labor to install concrete walkways, drainage & brick work for the Volanta Concession/ Bathroom as per drawings dated 3/05/25 17,500.00 17,500.003/10/2025 M H McLaughlin LLC $17,500.00 Page 244 of 481 Contractor Signature: Lindsey Landscaping LLC 16320 Silverhill Ave Silverhill, AL 36576 dlindsey@lindseylandscaping.net Estimate ADDRESS City Of Fairhope Volanta Park Concession Stand ESTIMATE #DATE 1853 03/12/2025 DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT misc. work Masonry Work: *Aprox 85 LF of Retaining wall with brick veneer and rowlocks -poured cells (City provides all brick, block, and mortars) *Masonry sand provided by contractor 1 7,200.00 7,200.00 misc. work Concrete Work: *Aprox 750 SF of flatwork formed, poured, finished *Min 3000 psi w/ fibers -4" thick w/ footers -Will follow the plan, provided by city, with no deviations unless discussed prior with city official. *Price increased to finish ramps and slopes *Form boards provided by contractor 750 11.50 8,625.00 misc. work Drainage Work: labor to install 50 LF of 6" channel drain with 6" pipe and drain basin *Pipe outlet will connect on south side due to existing grade change *materials provided by city (recommended material: NDS Speed Channel w/ galv. grate) 1 1,460.00 1,460.00 misc. work Landscape Labor: grade and backfill all disturbed areas. Machine and hand labor 1 750.00 750.00 Page 245 of 481 Contractor Signature: DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT includedIncludes labor to install 1 pallet of sod(provided by city) TOTAL $18,035.00 Accepted By Accepted Date Page 246 of 481 Estimate Date 3/12/2025 Estimate # 2025.02 Name / Address City of Fairhope 555 S Section St Fairhope, AL 36532 IMPACT Divisions, LLC 9391 Gayfer Rd Ext Fairhope, AL 36532 Project Concession Stand A... Customer Signature Total Description Qty Cost Total Concrete ramp, stairs and associated retaining walls as provided in drawings - Proposal includes labor only 1 29,000.00 29,000.00 _____________________________________ $29,000.00 Page 247 of 481 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Pat White Date: 03/17/2025 Department: Recreation 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. MH McLaughlin, LLC $ $17,500.00 2. Lindsey Landscaping LLC $ $18,035.00 3. Impact Divisions, LLC $ $29,000.00 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? ADA ramping system for entry to Majors Field 2. What is the total cost of the item or service? $42,000.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): MH McLaughlin, LLC 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? $48,000.00 3. Budget code: 1250 / 50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 248 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1364 FROM:Jeff Montgomery SUBJECT:The Director of I.T., Jeff Montgomery, is requesting approval for Mayor Sherry Sullivan to sign a three (3) year contract with Mediacom Business to provide cable television services to the City of Fairhope Recreation Center. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve Mayor Sherry Sullivan to sign a three (3) year contract with Mediacom Business to provide cable television services to the City of Fairhope Recreation Center. BACKGROUND INFORMATION: The Director of I.T., Jeff Montgomery, is requesting approval for Mayor Sherry Sullivan to sign a three (3) year contract with Mediacom Business to provide cable television services to the City of Fairhope Recreation Center. This agreement will include: One-time Installation Charge of $149.95 Business Basic Video: $100.00/ month Kids & Variety: $7.95/month HD or IP Cable Box (Qty: 25): $375.00/month Total installation Charge is One Hundred Forty-Nine Dollars and Ninety-Five Cents ($149.95). The Monthly Cost will be Four Hundred Eighty-Two Dollars and Ninety-Five Cents ($482.95). The I.T. Budget has funds to cover this cost from a Network Upgrade that will not be completed. BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget 001250- 52510 Utilities for City Use $0.00 $5,945.35 ($5,945.35) Total Cost shown is the annual amount. The expense for FY25 will be approximately $3,047.65. Department will include expense in future fiscal year budgets as applicable Page 249 of 481 for the three (3) year contract. GRANT: N/A LEGAL IMPACT: City Attorney approved execution of Mediacom original terms and conditions. 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 250 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Cable Television Services for the City of Fairhope Recreation Center from Mediacom Business with a not-to-exceed monthly cost of $482.95, plus an installation/setup fee of $149.95; and authorizes Mayor Sherry Sullivan to execute a contract. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 251 of 481 Jcl0822024 MC-618400 1 CONFIDENTIAL & PROPRIETARY BUSINESS SERVICES AGREEMENT ORDER FORM This Business Services Agreement, MC-618400, is made by and between MCC Telephony of the South, LLC ("Mediacom") and City of Fairhope Recreation Center with billing address of PO Drawer 429 Fairhope, AL 36532, (Customer"). The real estate and improvements commonly known as City of Fairhope Recreation Center located at 803 Greeno Road North Fairhope, Al 36532 (the “Premises”). Mediacom operates a cable system serving an area that includes the Premises (the “System”). The cable services, Internet access, Business Phone and other services that Mediacom from time to time offers to subscribers through the System are referred to as “Mediacom Services.” Customer desires to purchase from Mediacom, the Mediacom Services listed below (collectively, the “Services”) solely for use by Customer, employees, and invitees while on the Premises. This Agreement contains the terms for Customer’s use of the Services ordered. References to "this Agreement" are to the following, collectively: (i) this order form, (ii) the Business Services Agreement-General Terms and Conditions (the "General Terms"), (iii) any Operating Policies applicable to the users of any Mediacom Service generally , (iv) in the case of Mediacom Business Phone, tariffs, and (v) any other terms that are made applicable to any such Mediacom Service pursuant to the General Terms or such Operating Policies, tariffs or Service Guide, in each case as amended, supplemented or otherwise modified from time to time in accordance with the provisions of this Agreement. Product Description Quantity Monthly Rate Total Monthly Rate Installation/Setup Fee Installation charge 1 $0.00 $0.00 $149.95 Business Basic Video 1 $100.00 $100.00 $0.00 Kids & Variety 1 $7.95 $7.95 $0.00 HD or IP Cable Box (each add'l outlet) 25 $15.00 $375.00 $0.00 HD or IP Cable Box Included With Service 1 $0.00 $0.00 $0.00 Totals: $482.95 $149.95 Monthly Rate and listed charges do not include federal, state and local taxes, other governmental charges, copyright fees, FCC fees, franchise fees or pass-throughs, or service surcharges, which will be added to invoices and are due monthly upon activation of the applicable service. Video services which have a monthly service rate may have a local broadcast station surcharge and/or a regional sports surcharge added to the monthly rate to cover costs associated with the retransmission of local broadcast signals and/or regional sports networks. These surcharges vary by location and may change based on programming price increases. 1. ORDER EVALUATION; CUSTOMER COMMUNICATION; MEDIACOM’S RIGHT TO TERMINATE AGREEMENT After the final execution of this Agreement, Mediacom will conduct a more detailed evaluation of the actions and items needed to be completed, including but not limited to whether permits or easements are required, and a more precise accounting of its related construction costs to provide Service. Upon completion of that evaluation, Mediacom will send you notice via email or another communications method informing you of the same (the “Customer Communication”). In some cases, Mediacom may determine, based on such evaluation, that it cannot or is unwilling to provide the Service(s) on the terms stated herein. In those cases, Mediacom has the right to terminate this Agreement with no further liability or obligation by providing written notice to Customer. 2. ESTIMATED CONSTRUCTION COSTS; CUSTOMER’S RIGHT TO TERMINATE The estimated construction cost is the amount Mediacom estimates it may cost to build its network so that it may provide the Service(s) requested by Customer; the actual construction cost may vary based on the specific project and may be more (or less) than the estimate. Customer may, as its sole right and remedy, terminate this Agreement with no further liability by giving Mediacom written notice within 3 days of receipt of the Customer Communication, (Mediacom Business Solutions, Attn: Legal Department, One Mediacom Way, Mediacom Park, NY 10918). 3. PAYMENT OF CONSTRUCTION COSTS Customer is responsible for the cost of any documented construction expenses when such charges are in excess of $2,500.00. In such cases, Customers shall pay the excess construction costs upon receipt of invoice or under an installment agreement where Customer promises to pay Mediacom the excess construction costs over the course of a specified number of months. If Customer chooses to pay in this manner, Customer will be required to sign an installment agreement which will state, among other things, the amount of the monthly payment, the number of payments, the payment due date, any late charges that may be assessed, prepayment and associated penalty and whether and under what circumstances Mediacom has the right to accelerate payments. 4. MONTH-TO-MONTH SERVICE TERM Services will continue on a month-to-month basis unless otherwise terminated in accordance with Section 10 of the General Terms and Conditions or either party terminates this Agreement by providing at least thirty days prior written notice to the other. By its signature below, each party acknowledges that it has read this Agreement, including the General Terms and incorporated terms located at https://mediacombusiness.com/MediacomBusiness_General_Terms_9.pdf and agrees to its terms effective as of date signed by Customer (“Effective Date”). Notification email: ccbus@mediacomcc.com Name of Authorized Representatives for Customer: Patrick McWilliams patrick.mcwilliams@mediacomcc.com (251) 200-2611 MCC Telephony of the South, LLC City of Fairhope Recreation Center Mediacom Customer }S {S Signature Signature }N {N Printed Name Printed Name }D {D Date Date Page 252 of 481 MB-GT-JL-LP-0618 1 CONFIDENTIAL & PROPRIETARY BUSINESS SERVICES AGREEMENT ORDER FORM GENERAL TERMS AND CONDITIONS 1. Access to Premises Customer agrees to provide Mediacom all necessary or desirable access at all reasonable times to the Premises, adequate secured space in the Premises for the cable, wiring, equipment and other items supplied by Mediacom (“Mediacom Facilities”) and adequate electrical power, climate control and protection against fire, theft, vandalism and casualty, to insure that non-Mediacom-supplied wiring, equipment and other items in the Premises are adequate and compatible with the Mediacom Facilities and to obtain all governmental and other third-party authorizations needed for access to and work on the Premises. Access shall be permitted 24 hours a day, seven days a week to deal with an outage or emergency. 2. Purchase of Services; No Resale Other than Customer’s authorization of Service to End Users for use in accordance with this Agreement, Customer shall not, and shall not permit any End User or other person to, (i) resell, distribute or provide any Service to any person(s), (ii) provide or extend any Service for secondary uses in any location other than the Premises or (iii) use any Service for any unlawful activity, engage in any unauthorized copying, taping, posting, downloading, sharing or other reproduction or dissemination of any third party’s copyrighted or proprietary music, movies, television programming or other material or disable or interfere with any copy/retransmission protection technology contained in the signal of any programming service or otherwise used. 3. Fees and Charges Customer agrees to pay Mediacom, when due, the Monthly Service Fee for each Service, all other fees and charges provided for in this Agreement and all federal, state and local taxes, copyright, FCC and franchise fees and pass-throughs and other governmental charges or surcharges from time to time levied upon Customer or Mediacom because of or based on the services or other items furnished (excluding taxes on Mediacom’s income). All recurring Monthly Service Fees are billed in advance. Installation/Set-up Fee is due at time installation. All other fees and other amounts may be billed and will be due in accordance with Mediacom’s standard practices in effect from time to time. Overdue payments accrue interest at 1.5% per month or, if less, the maximum lawful rate. Customer shall reimburse Mediacom for its collection agency fees, attorneys’ fees and other reasonable costs and expenses of collecting any overdue amount. The Monthly Service Fee for each Service includes the kind and level of support service, if any, that Mediacom normally provides without separate charge in the same community to customers receiving comparable service. Mediacom may charge Customer for additional support service. If, for any period, support for the Premises exceeds that typical for similar customers, Mediacom may charge Customer an appropriate additional fee. 4. Relationships with End Users Customer shall be solely responsible for entering into and performing all agreements and arrangements related to provision of any Service to End Users, including connecting or disconnecting the Service. Usage of any Service by any End User or other person in or through the Premises shall be subject to, and constitutes acceptance of, Mediacom’s applicable subscription or customer agreement, terms, conditions and policies, as from time to time in effect and modified or replaced by Mediacom in its discretion (“Subscriber Terms”). Continued use of any Service after any change to or replacement of the Subscriber Terms constitutes acceptance. Mediacom may suspend or terminate any or all Services to the Premises as a whole if Customer breaches this Agreement, if Mediacom believes in good faith that any user on the Premises may have violated any applicable Subscriber Terms or under any other circumstances stated in the Subscriber Terms. 5. Equipment 5.1 Customer Premise Equipment Supplied by Mediacom If requested by Mediacom, Customer shall promptly replace customer premises equipment supplied by Mediacom that is installed on the Premises (“CPE”) with substitute equipment and return the original equipment to Mediacom unless it is equipment that Customer has purchased and paid for in full (“Purchased Equipment”). If Mediacom upgrades or otherwise changes the kind of required CPE generally throughout the System, then it may increase the applicable Monthly Service Fee by the amount of any increased charge for the newly required item (and for any integrated services) that it from time to time applies generally within the System. On the date that the Service Term ends for any reason, Customer shall promptly return any and all CPE in Customer’s possession or control (other than Purchased Equipment) to Mediacom. 5.2 Equipment Not Supplied by Mediacom In addition to a cable modem, use of the Service requires that a User supply their own computers, Ethernet devices (if required) and operating systems that meet our technical requirements, and Customer acknowledges that Mediacom has made those requirements available to Customer before the execution and delivery of this Agreement. If the Service cannot be used because of the incompatibility of any of such items with the Service, Customer will remain liable for all fees and charges under this Agreement. Customer is solely responsible for any unavailability, degradation or interruption of the Service, damage to equipment, software or property or loss of data or other consequences suffered by Customer or any User resulting from use by Customer or other Users of any modem, computer, operating system or other item that does not conform to our technical requirements. Mediacom will not be obligated to provide customer support relating to any issues or problems that result from use of any such nonconforming item. The fact that we rent, sell, recommend, require or approve a cable modem, computer, operating system or other item for use in the Service does not make us responsible if it has defects or problems. It is strongly recommended that the number of computers connected through a proxy or hub not exceed five computers per modem. Mediacom is not responsible or liable for any degradation in speed or functionality of the Service or other consequences if Customer does not follow that recommendation. Mediacom is not responsible for the performance, maintenance or repair of equipment or other items it does not furnish. 6. User Software In connection with the Service, Mediacom may periodically require or permit Customer to download, install or use software or firmware and related documentation (“Software”) that is (or claimed as) the intellectual property of Mediacom or of one or more of its affiliates, licensors or Page 253 of 481 MB-GT-JL-LP-0618 2 CONFIDENTIAL & PROPRIETARY suppliers (“our Licensors”). Use of any such Software is governed by this Agreement and any additional terms that Mediacom identifies as applicable, as they may be periodically modified or replaced (“Additional Terms”). 7. Certain Obligations of Customer. Customer shall take reasonable steps to protect the Mediacom Facilities and all other property of Mediacom from damage, loss or theft while on the Premises and shall pay the reasonable costs of repairing or replacing any item suffering such loss, theft or damage not caused by Mediacom. Customer shall not, and shall not permit any End User or other person to, (i) interfere with provision of Mediacom Services or disturb, alter, disconnect, move or interfere with any of the Mediacom Facilities or grant any easement or right that could have any such effect, (ii) attach, connect, interconnect, install or place any equipment, cable, wire, fiber or other item to, with, through or in any Mediacom Facilities or any related conduits, racks, lock boxes, connection boxes, distribution frames or similar items or (iii) use any of the Mediacom Facilities in any manner or for any purpose except as expressly authorized by Mediacom in writing. 8. Mediacom Business Phone 8.1 Tariffs Telephone Services may be provided pursuant to rates, terms, and conditions contained in tariffs on file with state and/or federal regulatory authorities, and Mediacom may amend such tariffs and Telephone Service shall be subject to such tariffs, as amended. 8.2 International Services If Customer wishes to subscribe to or use International Calling Services from Mediacom, Customer may activate that function by providing Mediacom a credit card number to secure payment for such services. Customer will be billed for all services including International Calling monthly and shall pay all invoices timely. 8.3 Customer Proprietary Network Information (“CPNI”) Pursuant to federal law, CPNI is (A) information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by Customer, and that is made available to Mediacom by Customer solely by virtue of the carrier- customer relationship; and (B) information contained in the bills pertaining to telephone service received by Customer. Mediacom will not use, disclose, or permit access to Customer’s CPNI except in connection with the provision of services from which such information is derived, or as authorized or required by federal law, or as expressly authorized by Customer. The Federal Communications Commission (“FCC”) has adopted additional rules in 47 C.F.R. § 64.2010 that would restrict our ability to disclose certain information to or permit certain changes to accounts by inbound callers or visitors to our offices, and that would regulate our ability to provide customers with account access over online portals. However, the FCC permits business customers and their telephone service providers to agree to more flexible customer authentication methods that are better suited for an efficient business relationship. Customer hereby agrees that its dedicated account representative assigned by Mediacom and Mediacom’s personnel who are responsible for commercial accounts may disclose your CPNI or make changes to your account at the request of persons that they reasonably believe to be your authorized representatives, that Mediacom may provide online access to your CPNI in any commercially reasonable manner, and that the requirements of Section 64.2010 of the FCC’s rules shall not apply to the relationship between Mediacom and Customer. 9. Mediacom Online Service 9.1 Services The Services may be used only by Customer’s authorized users while physically present at a Service Location or Premises, except that Customer may allow its employees to also access the Service through Customer’s internal network from authorized remote locations. The only authorized users of the Service are your employees and persons whom you allow to use the Service while at a Service Location in furtherance of a commercial relationship with you. Neither you nor any User may directly or indirectly (i) resell the Service to any person in any manner, or (ii) use the Service in support of or otherwise in connection with the sale of any telecommunications, Internet access or television or other video or music service to third parties. Customer is responsible for providing technical or other support required by any User. “User” means you and any other person that uses or accesses any Service, whether or not authorized. You are responsible for restricting use of the Service to authorized Users for authorized purposes. Without limiting the generality of the foregoing, if Customer permits or makes possible use of the Service by any person under eighteen, Customer is responsible for such use and agrees to hold Mediacom harmless from such use. Mediacom recommends that any such use by a minor be permitted only under the supervision of a responsible adult. Inclusion in this Agreement of references to Users does not give any User any right or remedy. 9.2 IP Addresses Unless the ISP Features expressly include assignment of static IP addresses, IP addresses related to the Service will be dynamically assigned. IP addresses are subject to the policies and procedures of any third party from whom Mediacom obtains such addresses and of the Internet Assigned Numbers Authority, the registrar authorizing the use of the IP addresses, and the Internet Engineering Task Force, the issuing registrar. Mediacom makes no representations or warranties regarding: (i) the ability to obtain or to continue to use any particular IP addresses, or (ii) the route ability of any IP addresses. Customer’s use of all IP addresses allocated to Customer by Mediacom must cease upon expiration or termination of this Agreement. All IP addresses assigned by Mediacom will continue to be the property of Mediacom or its suppliers, are not transferable by Customer and must be relinquished by Customer upon the expiration or termination of this Agreement. 9.3 Acceptable Use Policy (a) Use of the Service by each User must comply with Mediacom’s Business Acceptable Use Policy (the “BAUP”). The BAUP is posted online at Business Acceptable Use Policy (mediacombusiness.com)and any future changes will be posted there or at another Webpage we Page 254 of 481 MB-GT-JL-LP-0618 3 CONFIDENTIAL & PROPRIETARY designate by notice to Service customers. Since the BAUP may be revised periodically, Customer and other Users should regularly visit the appropriate webpage to be sure the most recent version is being followed. The Service shall not be used by Customer or any other User in any way that violates any law, infringes, violates or constitutes a misappropriation of any person’s intellectual property, publicity, privacy or other legally protected rights, otherwise violates the BAUP, interferes with the use of the networks and services of Mediacom by any other customer or subjects Mediacom or any of its suppliers, contractors, agents or affiliates to liability. Mediacom shall not be liable to Customer or any other User for any action we take if we believe that Customer or any other User has violated the BAUP, any law or regulation or any third-party rights. Customer agrees that those actions may include immediate suspension or termination of the Service or removal of or restriction of access to content or material. We may take those actions without notice to Customer or any other User. The Service may also be subject to blocking if used in a manner that places a disproportionate burden on the Mediacom Network or any of the Shared Networks, impairs services received by other customers or otherwise adversely affects Mediacom, its service providers or any of the Shared Networks. (b) Subject to applicable law, Mediacom may, at any time and periodically modify or replace our Acceptable Use Policy. Mediacom will give Customer at least ten days’ prior notice of any such changes that, in our good faith judgment, materially adversely affect Customer’s rights or obligations under this Agreement or otherwise with respect to the Service, except that shorter advance notice may be given if We believe reasonably and in good faith that We or the Service might be adversely affected if longer notice were given. We will give notice by a posting at business.mediacomcable.com/baup (or another Web location of which Customer is notified) or via e-mail, postal mail or another appropriate means. Customer will ensure that all Users are informed of and comply with the terms of this Agreement, including Mediacom’s AUP. Customer will be liable for any non-compliance by any User. 9.4 Risks of Internet Usage The Service enables access to the Internet and, therefore, to the Websites and content of third parties, some of which may be offensive to Customer or some Users or may violate law or protected rights of others. Third parties may misuse the Internet, including to promote fraudulent schemes or to sell products or services that are misrepresented. Mediacom has no responsibility or liability with respect to the Websites, information, products, services, content or other materials of third parties that are accessed, distributed, provided or advertised through or over the Service. Technological characteristics of the Internet and methods of access may create the risk that third parties will gain unauthorized access to a User’s computer, files and communications or learn about the User and his, her or its activities. Use of the Internet may result in the introduction into Customer’s or a User’s computers or internal network of computer viruses or other harmful elements. The foregoing is not an exhaustive list of the risks associated with Internet access and Customer fully understands those risks. It is Customer’s or each User’s sole responsibility to prevent and detect unauthorized access, to protect against damage to or destruction of hardware, software, files and data because of infection by computer virus or other harmful attacks and other risks. Mediacom is not responsible or liable for the actions of third parties or harm, loss, damage or other consequences to Customer or Users resulting from such actions. Use of the Service is at your and each User’s own risk, whether or not you use any security, antivirus or other software, technology or method at our recommendation or otherwise. 10. Termination If either party materially breaches its representations, warranties, covenants, agreements or obligations under this Agreement, the other party may terminate this Agreement upon at least thirty days’ prior written notice, unless such breach is cured within the notice period. If the breach is of such a nature that it cannot reasonably be cured within the notice period, but it is curable and the party in breach promptly begins and diligently continues to cure it, there shall be a reasonable additional period to complete the cure. Failure by Customer to make any payment due or a breach of Section 2, 6, 7 or 20.11 of this Agreement shall constitute a material breach that shall not be curable. Initial and continued availability of any Service is conditioned upon compliance by Customer with this Agreement, including all incorporated terms, and completion by Mediacom of the necessary and desirable construction, installation and other work. Mediacom may terminate its obligation to activate or provide any Service if it encounters unanticipated or higher than expected costs or expenses. Mediacom, in its discretion, may terminate this Agreement in whole or as to one or more Services at any time upon at least 30 days’ prior written notice. 11. Effects of Termination Upon termination of any Service or this Agreement for any reason (i) Customer must pay all accrued and unpaid fees and charges; (ii) Mediacom’s access rights granted above shall continue for the period reasonably required (but in no event less than 120 days) for Mediacom to recover its property from the Premises; (iii) Customer and End Users must return all Mediacom-furnished equipment, software or other items (except Purchased Equipment) in good condition, ordinary wear and tear resulting from proper use excepted; (iv) subject to all applicable limitations and exclusions, all rights or remedies arising out of a breach of this Agreement shall survive for the applicable statute of limitations; and (v) the provisions of this Agreement which state that they survive or which reasonably should be expected to survive expiration or termination (including any provisions relating to disclaimers, limitations or exclusions of warranties and liability, confidentiality or indemnification) shall survive indefinitely. In addition, if Customer entered an Installment Agreement to pay upfront construction costs over the course of a specified number of months, Mediacom may accelerate the remaining balance in accordance with Section 7 of the Installment Agreement. 12. Warranty Disclaimer To the maximum extent permitted by law, Mediacom disclaims all warranties not expressly and specifically set forth herein, whether express or implied, including any warranty of merchantability or fitness for a particular purpose, that Mediacom’s systems, equipment, software or services will be free of errors, outages or defects, as to upstream or downstream transmission speed or arising from course of dealing or practice. 13. Outages, Etc. Mediacom shall not be liable for any outage, loss of functionality, interruption, deficiency in quality, speed or reliability of or other defect or deficiency in any Service (an “outage or defect”) or any consequence that, directly or indirectly, in whole or in part, is caused by or results from any force majeure event or any act or omission of Customer, any End User or any other third party. If any outage or defect is caused solely by the willful misconduct or gross negligence of an authorized employee or agent of Mediacom, then Mediacom’s sole liability and responsibility shall be (i) to use commercially reasonable efforts to correct the problem within a reasonable time and (ii) if such outage or defect causes the Service to be unavailable to all or substantially all of the Premises for twenty-four consecutive hours or more, to allow Customer a credit against future Monthly Service Fees for such Service equal to one-thirtieth of the Monthly Service Fee for each period of twenty-four consecutive hours of Page 255 of 481 MB-GT-JL-LP-0618 4 CONFIDENTIAL & PROPRIETARY interruption, with a maximum of three credits in any calendar month. This Section supplements, and does not supersede, modify or otherwise affect, any other exclusions, disclaimers or limitations of liability in this Agreement. 14. No Consequential Damages To the maximum extent permitted by law, Customer agrees that none of the Mediacom Parties shall be liable (whether based on contract, warranty, negligence, strict liability or other legal or equitable theory or cause of action) for any indirect, incidental, consequential, reliance, special or punitive damages (or similar damages, however denominated) directly or indirectly arising out of, resulting from or relating to this Agreement or its subject matter, performance, nonperformance or breach, any of the Mediacom Facilities or any Mediacom Service, even if aware that they could result. This Section shall survive failure of any other disclaimer, exclusion or limitation or a finding of failure to provide an effective remedy. “Mediacom Parties” means Mediacom and its stockholders, partners, members, affiliates, directors, officers, employees, contractors, agents or representatives. 15. Limit On Direct Damages To the maximum extent permitted by law, Customer agrees that none of the Mediacom Parties shall be liable (whether based on contract, warranty, negligence, strict liability or any other legal or equitable theory or cause of action) for damages directly or indirectly arising out of, resulting from or relating to this Agreement or its subject matter, performance, nonperformance or breach, any of the Mediacom Facilities or any Mediacom Service in an amount that is, in the aggregate, for any and all persons and any and all claims, in excess of the lesser of (i) the Monthly Service Fees actually paid to Mediacom by Customer during the three months ended most recently before the date liability for such damages arose or (ii) Five Hundred Dollars. 16. Essential Element Of The Bargain Each of the parties waives any claim for damages or costs excluded under this Agreement or in excess of any limit contained in this Agreement. The provisions of Sections 12, 13, 14 and 15 and this Section 16 are essential elements of the bargain reflected in this Agreement and the parties intend for them to be strictly enforced. If, in a final decision of a court having jurisdiction (not subject to further appeal), it is nonetheless held that any of the disclaimers, exclusions or limitations contained herein may not be enforced, then in such jurisdiction the liability of Mediacom (or any of the other Mediacom Parties) to any and all persons for any and all claims shall be limited to the smallest amount permitted by applicable law. 17. Indemnification Customer agrees to indemnify, defend and hold harmless each of the Mediacom Parties for, against and from any and all claims, demands, damages, losses, penalties, actions, proceedings, costs and expenses, including attorneys’ fees, directly or indirectly arising out of, resulting from or relating to (i) Customer’s breach of this Agreement, (ii) injury to person or property or loss of life or property resulting from the condition or use of the Premises, unless directly caused by the gross negligence of Mediacom or its contractors, agents or representatives while acting within the scope of their employment, (iii) damage or loss to Mediacom or its affiliates or the Mediacom Facilities caused in whole or in part by Customer or any of its contractors, agents or representatives or any End User or other person in any Unit, (iv) noncompliance with any of the Subscriber Terms by any End User or other user of any Service or (v) any other act or omission of Customer or any of its contractors, agents or representatives. 18. Liquidated Damages for Agreements with a Service Term For agreements that contain an obligation to purchase any Service for a specified Service Term (for example, 3 years), if the Customer breaches such obligation, Customer shall pay to Mediacom an amount equal to the product of 75% of the combined Monthly Service Fees for the Services multiplied by the number of months remaining in the Service Term (the “Liquidated Damages”). The parties intend that the Liquidated Damages constitute compensation, and not a penalty. The parties acknowledge and agree that Mediacom’s harm caused by Customer breach would be impossible or very difficult to accurately estimate as of the Effective Date of the Agreement, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from Customer breach. 19. Arbitration (a) Any and all claims or disputes (a “Claim”), including any past, present or future claims or disputes shall be resolved, upon the election of either you or us, by binding arbitration pursuant to this Arbitration Provision and the procedures of the National Arbitration Forum (“NAF”) http:// www.adrforum.com/ or the American Arbitration Association (“AAA”) http://www.adr.org/, as selected by the party electing to use arbitration. (b) If you do not wish to be bound by this arbitration clause, you must notify Mediacom in writing within 60 days after receiving a copy of this Agreement (Mediacom Legal Department, One Mediacom Way, Mediacom Park, NY 10918). (c) Whoever files the arbitration pays the initial filing fee. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. (d)Any arbitration and its results shall be kept confidential, except as required by law or to enforce the award. (e) The arbitrator shall strictly enforce this Agreement and may not modify its terms. Except to the extent provided by substantive law, the arbitrator may award only damages or costs specifically permitted by this Agreement which are supported by admissible evidence and must apply all exclusions, disclaimers and limitations of liability contained herein. The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction. (f) Neither party is precluded from seeking interim injunctive relief from a court in order to preserve the status quo, prevent irreparable harm or protect assets or property until the arbitrator has been appointed and decided the matter of interim relief or resorting to court proceedings to enforce the other party’s compliance with this Section 19. Nothing in this Section shall affect Mediacom’s right to suspend or terminate this Agreement or Page 256 of 481 MB-GT-JL-LP-0618 5 CONFIDENTIAL & PROPRIETARY any Service for non-payment or preclude it from bringing an action in court having jurisdiction to collect unpaid amounts plus its collection costs, including attorneys’ fees. (g) If any provision of this arbitration agreement should be found invalid or unenforceable by an arbitrator or court having proper jurisdiction, such a determination shall not affect the enforceability of the remaining provisions, which shall continue in full force and effect. However, this entire Section 19 shall be null and void with respect to any Claim if the “Class action waiver” paragraph above is held to be invalid or unenforceable with respect to such Claim by an arbitrator or court having proper jurisdiction. 20. Miscellaneous 20.1 Independent Contractors; No Agency; Service Changes; Service is Non-Exclusive The parties are independent contractors. Neither party shall have the authority to act for or to assume, create or incur any liability or obligation binding upon the other party. Subject to mandatory, nonwaivable applicable law and the express provisions of this Agreement, Mediacom (i) may change the terms, conditions, restrictions and policies applicable to any Service or add, delete, discontinue or change the composition, features, specifications and functionality of any Service; and (ii) otherwise retains sole and absolute discretion as to all aspects of and matters relating to any Service. Without limiting the generality of the foregoing, Mediacom (i) may alter the CATV Service (if separate), add or delete programming networks or services or require use of a digital converter or other CPE to receive any or all networks or services, (ii) does not guarantee the availability or continued availability of any programming service, network, program, Website or content and (iii) may institute or change limits on number and storage capacity of e-mail accounts and personal Webspace, impose charges for bandwidth usage exceeding specified levels or take other actions that affect any Service’s speed or other characteristics. Each Service is provided to Customer on a non-exclusive basis. 20.2 Force Majeure Mediacom shall not be liable by reason of any failure or delay in the performance of its obligations because of strikes, shortages, fire, flood, weather, war, riot, terrorism, governmental action, labor conditions, earthquakes, interruptions in telecommunications services, Internet access, utilities or other services, acts or omissions of suppliers, carriers or other third parties, acts of God or any other cause beyond its reasonable control, whether or not similar to the foregoing. 20.3 Persons Bound; Assignability; No Third Party Beneficiaries This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, heirs, legal representatives and permitted assigns. Customer may not assign or delegate this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of Mediacom; provided, however, that Customer shall make the written assumption of this Agreement a condition of any sale, transfer or assignment of the Premises and shall notify Mediacom in the event of any such sale, transfer or assignment. Whether or not Customer complies with its obligation to require such assumption, the rights granted to Mediacom shall run with the land and this Agreement shall bind each and every owner of the Premises. Mediacom may assign this Agreement or assign, delegate or subcontract any of its rights or obligations hereunder to any of its affiliates, any successor (by sale of assets, merger or otherwise) to ownership or operation of the System or other person. No End User or other person is a third-party beneficiary of this Agreement. Customer shall not be a third-party beneficiary of any contract, agreement or arrangement between Mediacom and any End User 20.4 Severability If any provision of this Agreement or its application to any person or circumstance is held by a court with jurisdiction to be invalid or unenforceable, the remaining provisions, or the application of such provision to other persons or circumstances, shall remain in full force and effect. Such court may substitute a suitable and equitable provision to carry out, so far as may be valid and enforceable, the intent and purpose of the invalid or unenforceable provision and, if the court does not do so, the parties shall negotiate in good faith to agree upon such a provision. Any provision that is judicially unenforceable in any jurisdiction shall not be affected in any other jurisdiction. 20.5 Governing Law; Waiver of Jury Trial; No Class Actions This Agreement shall be governed by the laws of the State in which the Premises are located; however, the Federal Arbitration Act shall govern the arbitrability of disputes regarding this Agreement and any Service. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement. To the maximum extent permitted by applicable law, the parties agree that there shall be no right to have any Claim litigated or arbitrated on a class action basis or as a claim brought in a purported representative capacity on behalf of persons similarly situated or the general public. 20.6 Entire Agreement Customer accepts, and agrees that any Service shall be subject to, the Subscriber Terms, as they from time to time may be in effect and modified or replaced from time to time by Mediacom, with the same effect as though incorporated herein and as if Customer were a customer thereunder, except that any arbitration or payment provisions thereof are not incorporated. In the event of any conflict between the express provisions of the Subscriber Terms incorporated herein and the express terms of this Agreement other than such incorporated provisions, the express terms of this Agreement shall apply. This Agreement (including all incorporated terms) is the entire agreement between the parties pertaining to its subject matter. No course of dealing or practice shall be used to interpret, supplement or alter the express written terms of this Agreement. The statements made by a party otherwise than in an express written provision of this Agreement are not representations or warranties and do not create obligations. By entering into this Agreement, Mediacom does not waive or impair any easement, license or rights it or any of its affiliates may have to access to the Premises for any purpose under federal, state or local law, by contract or otherwise, and this Agreement does not supersede any other agreement by which any such easement, license or right is granted. Page 257 of 481 MB-GT-JL-LP-0618 6 CONFIDENTIAL & PROPRIETARY 20.7 Amendments; Waivers; Counterparts Amendments of this Agreement must be in writing and signed by both parties. No failure or delay in exercising any power, right or remedy will operate as a waiver. A waiver, to be effective, must be written and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. To be effective, any amendment or waiver on behalf of Mediacom must be signed by a duly authorized officer of Mediacom at the level of Vice President or above. 20.8 Specific Performance Customer acknowledges that if it breaches any of its obligations under any of Sections 2, 6, 7, 8, 9 or 20.11 of this Agreement, Mediacom will be irreparably harmed, and damages will be inadequate to compensate Mediacom for such breach. Accordingly, without limiting any other right or remedy of Mediacom, Mediacom shall be entitled to specific performance or injunctive relief if there is any breach or threatened breach thereof. This does not preclude Mediacom from seeking specific performance or injunctive relief in any other circumstance. 20.9 Remedies Are Cumulative Unless otherwise expressly stated in this Agreement, all remedies (including suspension and termination rights) available under or with respect to this Agreement are cumulative and in addition to all other remedies, if any, available at law or in equity. The prevailing party in any litigation or arbitration between the parties arising out of this Agreement shall be entitled to recover its court costs and reasonable attorneys’ fees. 20.10 Binding Agreement Customer represents and warrants that it has all necessary right, power and authority to enter into and perform this Agreement, and that this Agreement has been duly authorized, executed and delivered by, and constitutes a legal, valid and binding agreement of, Customer. The person signing this Agreement on behalf of Customer represents and warrants that he or she is authorized by Customer (or the legal entity doing business under the name defined as “Customer” above) to execute this Agreement as a binding obligation of Customer. The foregoing representation and warranty shall survive the execution, delivery, expiration or termination of this Agreement. 20.11 No Disclosure of Terms, Etc. Customer shall not disclose to any third party the specific terms of this Agreement or any other information that Mediacom has provided or hereafter may provide to Customer and that is marked as confidential or proprietary or that because of its nature should reasonably be considered to be confidential or proprietary information of Mediacom or any third party, other than disclosure under an obligation of confidentiality to (i) its officers, employees, accountants and attorneys who need to know such information to perform their duties for Customer or (ii) any purchaser or bona fide prospective purchaser of the Premises. 20.12 Notices Any notice required or permitted to be given to a party under this Agreement shall be in writing and shall be deemed given when delivered personally, the next business day after being sent by reliable overnight courier or forty-eight hours after it is deposited in the United States mail with registered or certified mail postage prepaid, in each case addressed to such party at its notice address below its signature to this Agreement or another address designated by at least ten days’ prior written notice to the other party. 20.13 Certain Rules of Interpretation; Further Assurances This Agreement shall be interpreted according to its fair meaning and not strictly for or against either party, regardless of authorship. All definitions apply equally to the singular and plural forms of the terms defined. Unless the context otherwise unambiguously requires, the word “or” means “and/or.” The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “person” shall be broadly construed and includes any natural person, any corporation, trust, association, limited liability company, partnership, joint venture or other entity and any government or governmental agency, authority, body, instrumentality or subdivision. Whenever the context requires, any pronoun shall include the corresponding masculine, feminine and neuter forms. Headings in this Agreement shall not affect the interpretation of this Agreement. The parties shall cooperate with each other in carrying out the purposes of this Agreement and use their commercially reasonable efforts to cause third parties with whom they deal and whose cooperation is necessary to likewise cooperate. 20.14 Regulatory Change If there is any change in any applicable law, rule or regulation or the interpretation thereof by any regulatory agency, court or other governmental entity or authority or any decision in any judicial or administrative case or arbitration which, in the reasonable opinion of Mediacom, would make the provision of any Service illegal or might, if Mediacom continued to perform this Agreement, subject Mediacom or any of its affiliates to any penalty, liability or new or increased regulation, require that Mediacom or any of its affiliates make any of its networks or facilities available to third parties, render the performance of this Agreement by Mediacom unprofitable or burdensome or subject Mediacom or any of its affiliates to any other adverse consequence, Mediacom may require that this Agreement be renegotiated in good faith to ameliorate the adverse effects of such change or decision to the extent reasonably possible or may terminate this Agreement upon written notice to Customer given at any time after such change or decision. ADDITIONAL TERMS OF SERVICE FOR MEDIACOM BUSINESS MANAGED WI-FI SERVICE AND HOTSPOT USE 21. Mediacom Managed Wi-Fi 21.1 Wi-Fi Service Mediacom Business Wi-Fi supported by a Mediacom Business-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Premises ("Wi-Fi Network"), for which Customer may be charged a fee consistent with Mediacom’s then-current practices. Customer must purchase Mediacom Online Service in order to receive Mediacom Business Managed Wi-Fi. Page 258 of 481 MB-GT-JL-LP-0618 7 CONFIDENTIAL & PROPRIETARY The Mediacom provided Wi-Fi router comes programmed with certain default settings and configurations for the Wi-Fi Network. Customer may modify the default settings and configurations on the Mediacom provided Wi-Fi router although Mediacom Business recommends maintaining the default configuration and settings. Mediacom does not guarantee the security of the Mediacom provided Wi-Fi router and Customer's connection to the Online Service via the Wi-Fi Network. Customer understands and agrees that Customer is solely responsible for the security of its Wi-Fi Network and must enable and use encryption in order to access Mediacom provided applications. Customer understands that this service is intended to be used by the Customer and its End Users and that Mediacom accepts no liabilities for any third-party usage. 21.2 Mediacom Business Wi-Fi Router The Mediacom provided Wi-Fi router will collect and maintain certain information regarding access to and use of the Wi-Fi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Mediacom to provide the Online Service and support, as well as for Mediacom’s internal business analytics regarding the use of the Online Service. Customer acknowledges and agrees that Mediacom shall have access to the network name and password associated with the Mediacom provided Wi-Fi router in order to provide support and diagnostic services. Mediacom reserves the right to modify the Wi -Fi network name and password for the Mediacom provided Wi-Fi router in order to safeguard internet security, the security and privacy of Customer's information, where required by law, or for other good cause to provide, upgrade, and maintain the Online Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane Wi-Fi Network names are prohibited and may be modified in Mediacom’s sole discretion. Customer acknowledges that the Mediacom provided Wi-Fi router is considered CPE and owned by Mediacom. 21.3 Mediacom Managed Wi-Fi Hotspot Mediacom reserves the right to configure the Mediacom provided Wi-Fi router to distribute a wireless internet access point (i.e., a Mediacom Managed publicly accessible Wi-Fi Hotspot) separate from the Wi-Fi Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Customer for any purpose. Customer shall have the right to disable such Wi-Fi Hotspot and shall not be responsible for the security of the Wi-Fi Hotspot. (a) To be eligible to receive the Wi-Fi Hotspot, Customer must be receiving Mediacom Online Service. Subject to the foregoing, Mediacom will, and Customer grants Mediacom permission to, attach, install, maintain, operate, and upgrade Wi-Fi-related equipment, cables and devices (“Wi-Fi Equipment”) on and within the Premises. The Wi-Fi Equipment will be operated by Mediacom, at no cost to Customer, in order to provide the Wi-Fi Hotspot at the Premises(s). Customer agrees to provide a standard power source for operation of the Wi-Fi Equipment. (b) Customer’s use of the Mediacom Managed Wi-Fi Hotspot is subject to the following additional terms and conditions: (i) The Wi-Fi Hotspot made available at Premises may be accessed by Customer and its End Users through their Mediacom accounts for no additional charge. (ii) To access the Wi-Fi Hotspot, Customer and its End Users and patrons must have a Wi-Fi-enabled device that meets the technical specifications for the Wi-Fi Hotspot. (iii) Customer grants Mediacom the right to advertise, market and otherwise promote Customer’s location(s) as a Wi-Fi Hotspot access point(s), in any and all forms of media now known or hereafter developed, in Mediacom’s sole discretion, and Customer grants Mediacom a license to use Customer’s names, trademarks and logos in connection with such advertising, marketing and promotion. (iv) Customer will not be entitled to receive any refunds or credits should the Wi-Fi Hotspot be interrupted or fail, regardless of the length of time during which the Wi-Fi Hotspot is unavailable. (v) All Wi-Fi Equipment constitutes CPE and is owned by Mediacom. Customer may not relocate or disconnect the Wi-Fi Equipment. Page 259 of 481 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 2/7/25 Department: IT Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$15,000 Utilities - $10,001 - $15,000 Operational Budgeted Three Treasurer N/A N/A Over $15,000/$50,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $15,000/$50,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Mediacom $ 482.95 a month 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? Council to approve mayor sign Mediacom paperwork 2. What is the total cost of the item or service 482.95 a month plus $149.95 Installation 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): Mediacom 6. Vendor Number: 21142 If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. BUDGET INFORMATION 1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 3. Budget code: 001250-50300 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 260 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1370 FROM: Bobby Hall, Golf Pro SUBJECT: Quail Creek Municipal Golf Course Director of Golf, Bobby Hall is requesting to procure beverage and vending concessions at various locations throughout the City. This vendor will also need to enter into a Franchise agreement with the City. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the negotiated contract price and terms and conditions for Bid No. 25-015 Beverage Vending and Concession Annual Contract. BACKGROUND INFORMATION: A service bid was issued on December 6,2024, posted to the City of Fairhope’s website, and advertised with Gulf Coast Media for three (3) weeks. One (1) responsive bid was received at the bid opening on January 9, 2025, at 10:00 a.m. One bid was received from Coca-Cola Bottling United-Central, LLC. The City Council approved to reject all bids and authorize the Mayor to negotiate a contract with the one bidder, pursuant to the Code of Alabama 1975, Section 41-16- 50(4) " If no bids or only one bid is received at the time stated in the advertisement for bids, the awarding authority may advertise for and seek other competitive bids, or the awarding authority may negotiate through the receipt of informal bids not subject to the requirements of this article. Where only one responsible and responsive bid has been received, any negotiation for the work shall be for a price lower than that bid." The negotiated contract terms and conditions were agreed upon by the City and Coca- Cola Bottling United-Central, LLC. The pricing is as listed on the Bid Response Form. Additionally, the bid includes a requirement to execute a franchise agreement with the City. Previous Action: Resolution No. 5346-25 - To reject all bids and authorize the Mayor to negotiate a contract with one bidder pursuant to Code of Alabama 1975, 41-16-50(4). Page 261 of 481 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001500- 54530 Golf - Purchases - Food $10,000.00 Varies $0.00 GRANT: N/A LEGAL IMPACT: The City Attorney approved the negotiated terms and conditions of the contract. 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 262 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves the negotiated price and contract terms and conditions for Bid No. 25-015 Beverage Vending and Concession Annual Contract and awards the bid to Coca-Cola Bottling United- Central, LLC with the total bid proposal attached. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 263 of 481 Page 264 of 481 Page 265 of 481 Page 266 of 481 Page 267 of 481 Page 268 of 481 Page 269 of 481 Page 270 of 481 Page 271 of 481 Page 272 of 481 Page 273 of 481 Page 274 of 481 Page 275 of 481 Page 276 of 481 Page 277 of 481 Page 278 of 481 Page 279 of 481 Page 280 of 481 Page 281 of 481 Page 282 of 481 Page 283 of 481 Page 284 of 481 Page 285 of 481 Page 286 of 481 Page 287 of 481 Page 288 of 481 Page 289 of 481 Page 290 of 481 Page 291 of 481 Page 292 of 481 Page 293 of 481 Page 294 of 481 Page 295 of 481 Page 296 of 481 Page 297 of 481 Page 298 of 481 Page 299 of 481 Page 300 of 481 Page 301 of 481 Page 302 of 481 Page 303 of 481 Page 304 of 481 Page 305 of 481 Page 306 of 481 Page 307 of 481 Page 308 of 481 Page 309 of 481 Page 310 of 481 Page 311 of 481 Page 312 of 481 Page 313 of 481 Page 314 of 481 Page 315 of 481 Page 316 of 481 Page 317 of 481 Page 318 of 481 CITY OF FAIRHOPE and COCA-COLA BOTTLING COMPANY UNITED, LLC AND SUBSIDIARIES CONTRACT DOCUMENTS BID NO. 25-015 BEVERAGE VENDING AND CONCESSION ANNUAL CONTRACT – THREE YEARS Sherry Sullivan, Mayor Fairhope City Council Jack Burrell, Council President Set ______ Page 319 of 481 City of Fairhope CONTRACT This CONTRACT is made this _________ day of _____________________________, 2025, by and between the City of Fairhope (hereinafter referred to as the “OWNER”) and Coca-Cola Bottling Company United, Inc. and Subsidiaries (hereinafter referred to as the “CONTRACTOR”), for Bid No. 25-015 Beverage Vending and Concession Annual Contract – Three Years The OWNER and the CONTRACTOR agree as set forth below: 1. The CONTRACT consists of all the items contained within this CONTRACT, The Proposal Package, Proposal, Scope of Work and Specifications, drawings (if applicable), Addenda, Amendments, and City of Fairhope Standard Terms and Conditions, which are attached hereto and made a part hereof, as if fully contained herein; for the performance of all work and the furnishing of all labor and materials required for completion of the WORK. 2. The CONTRACTOR shall perform all the WORK described herein. 3. As part of the Contract, the Awarded Vendor will enter into a Franchise Agreement with the City of Fairhope for the vending machine franchise (see ATTACHMENT B, City of Fairhope Franchise Agreement). WITNESSETH: That the Parties hereto do mutually agree as follows: 1. DURATION: The Term of the Agreement shall be for a period of THREE (3) years from the signing date of Contract. Therefore, the Contract will begin on ______________________, 2025 and terminate on _________________, 2028 at midnight. 2. ORDERING: 2.1 The City of Fairhope will order the initiation of WORK by issuing a Notice to Proceed to the Awarded Vendor. 2.2 The mobilization period for Quail Creek Golf Club Concession will be from the date of the Contract execution to ______________, 2026. For all other locations, from the date of Contract execution to _____________, 2028. 2.3 Other work outside the scope and specifications will be ordered by Purchase Orders specific to the events. Page 320 of 481 3. PAYMENT: 3.1 Compensation: Payment shall be based upon the rates set forth in the Awarded Bidder’s “Bid Response Form.” 3.2 Invoices: 3.2.1 Invoices for Routine Services: For routine services, the CONTRACTOR shall submit to the OWNER monthly invoices. Bid No. 25-015 Beverage Vending and Concessions Annual Contract must be referenced on all communications, including signed delivery/service tickets and invoices. Send invoices to: City of Fairhope Attn: Accounts Payable P.O. Drawer 429 Fairhope, AL 36533 Accounts.payable@fairhopeal.gov 3.3 Payment of Invoice: All invoices received by the OWNER are payable within thirty (30) days from date of receipt by the OWNER, provided they are approved by the OWNER. 4. PAYMENT WITHHELD: The OWNER may withhold approval for payment on any request and the OWNER may withhold payment to such extent as may be necessary to protect the OWNER from loss on account of: 4.1 Negligence on the part of the CONTRACTOR to execute the work properly or fail to perform any provision of this Agreement. 4.2 The OWNER, after three (3) days written notice to the CONTRACTOR, may without prejudice to any other remedy, make good such deficiencies and may deduct the cost thereof from the overall Agreement sum. 4.3 Claims filed or reasonable evidence indicating probable filling of claims. 4.4 Failure of the CONTRACTOR to make payments properly to Subcontractors for material or labor. 4.5 A reasonable doubt that the Agreement can be completed for the balance then unpaid. 4.6 Damage to City of Fairhope facilities, or another CONTRACTOR or another CONTRACTOR’s work. 4.7 When the above grounds are removed, payment shall be made for the amount withheld because of them. The CONTRACTOR waives all cancellation rights under the agreement, if payment is withheld for one or more of the above reasons. 5. GENERAL CONDITIONS: 5.1 Indemnity: The CONTRACTOR hereby agrees to indemnify and save harmless the OWNER, its officers, agent, and employees, from and against any and all liabilities, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including reasonable attorney’s fees for trial and on appeal, of any kind and nature, arising or growing out of, or in any way connected with the performance of this Agreement, to the extent caused by a negligent act or omission of the CONTRACTOR, their agents, servants, employees, subcontractors, or others associated with the CONTACTOR. The CONTRACTOR shall be responsible for damage to any equipment excluded from this agreement, or Page 321 of 481 damage or injury is caused by a negligent act or omission of the CONTRACTOR. 5.2 Notification and Accident Reports: In the event of accidents of any kind, the CONTRACTOR shall notify the OWNER in writing immediately and furnish, without delay, copies of all such accident reports to the OWNER. If during the performance of their Work, the CONTRACTOR fails to immediately report an accident to the OWNER, of which the CONTRACTOR has knowledge of and which results in a fine levied against the OWNER, then the CONTRACTOR shall be responsible for all fines levied against the OWNER. 6. WARRANTY: The CONTRACTOR warrants that the Work, including equipment and materials provided, shall conform to professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. If the CONTRACTOR is notified in writing of a fault, deficiency or error in the Work, the CONTRACTOR shall at the OWNER’S option, either re-perform such portions of the Work to correct such fault, defect or error, at no additional cost to the OWNER, or refund to the OWNER the charge paid by the OWNER, which is attributable to such portions of the faulty, defective or erroneous Work, including costs for re-performance of Work provided by other CONTRACTORS. All equipment and materials provided by the CONTRACTOR shall be merchantable and for the purpose intended. 7. TIME OF COMPLETION: The OWNER and CONTRACTOR understand and agree that time is of the essence in the performance of the Agreement. The CONTRACTOR or OWNER, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction of fuel or supplies for any reason or any other causes, contingencies or circumstances not subject to the OWNER’S or CONTRACTOR’S control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the OWNER’S or CONTRACTOR’S contractual obligations, respectively., by length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the OWNER may, at their discretion, cancel this CONTRACT for their own convenience. 8. INSURANCE REQUIREMENTS: See ITEM V Insurance Requirements of the attached bid specifications. 9. RIGHT TO AUDIT: The CONTRACTOR shall maintain documentation of all work performed. The CONTRACTOR shall make any and all documentation available to the OWNER at all reasonable times, for inspections and audit by the OWNER, during the entire term of the Contract, and for a period of Three (3) years after the expiration of this Contract. 10. INTERMITTENT PROBLEMS: Intermittent problems are to be considered a single call-back until the problem is fixed. Page 322 of 481 11. TIME IS OF THE ESSENCE: The OWNER and CONTRACTOR agree that time is of the essence in the performance of Work called for under this Contract. The CONTRACTOR agrees that all work will be accomplished regularly, diligently and uninterrupted at such a rate of progress as will ensure full completion thereof within reasonable time periods. 12. SAFETY MEASURES: The CONTRACTOR shall take all reasonable precautions for the safety of the OWNER’S and CONTRACTOR’S employees, and the general public at the Work sites, and shall erect and properly maintain at all times, all necessary safeguards for the protection of the workmen and the public. Where necessary, the CONTRACTOR shall post signs warning against hazards in and around the Work site. 13. EXTRA WORK AND ASSOCIATED COSTS: Changes in the Work: The OWNER, without invalidating the Agreement, may order changes in the Work within the general scope of the Agreement, consisting of additions, deletions, or other revision, the Agreement price and time for execution of the Work being adjusted accordingly. All such changes in the Work shall be authorized by a written Amendment to the Agreement or a separate Change Order, or Purchase Order, and shall be executed under the applicable conditions of the Agreement. 14. FAMILIARITY WITH THE WORK: The CONTRACTOR, be executing this Agreement, acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The OWNER will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that execution of the Agreement by the CONTRACTOR serves as his stated commitment to fulfill all requirements and conditions referred to in this Agreement. 15. MISCELLANEOUD PROVISIONS: 15.1 The CONTRACTOR shall not employ subcontractors without the express written permission of the OWNER or its agents, servants, employees and subcontractors. 15.2 The CONTRACTOR shall not assign the Agreement or sublet it as a whole without the express written permission of the OWNER. The CONTRACTOR shall not assign any payment due them hereunder, without the express written permission of OWNER. The OWNER may assign the contract, or sublet it as a whole, without the consent of the CONTRACTOR. 15.3 No waiver, alteration, consent or modification of any of the provisions of the Agreement shall be binding unless in writing and signed by the OWNER and CONTRACTOR. 15.4 The CONTRACTOR is to procure all permits, licenses, and certificates, or any approvals, of plans or specifications as may be required by Federal, State, Local Laws, ordinances, rules, and regulations, for the proper execution and completion of Work covered under this Agreement. 15.5 The CONTRACTOR shall at all times keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an area designated by the OWNER, or remove to a waste site as directed by the OWNER. If the CONTRACTOR fails to clean up the Work site, the OWNER will complete the task and charge the CONTRACTOR for such services. News releases, press releases, or advertisements relating to the Agreement or the tasks or projects associated with the project shall not be made without prior City approval. 15.6 Not Applicable Page 323 of 481 15.7 This Agreement is deemed to be under and shall be governed by and construed according to the laws of the State of Alabama. 15.8 Any litigation arising out of the Agreement shall be heard in the Courts of Baldwin County, Alabama. 15.9 This Agreement, contains all terms and conditions agreed upon by the OWNER and CONTRACTOR. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. 15.10 This agreement shall not be construed against the party or parties preparing it. It shall be construed as if all parties and each of them jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against one or more parties. Section 41-16-5, Code of Alabama 1975, requires that public contracts over $15,000 include the following language: By signing this Contract, ______________________ represents and agrees COMPANY NAME that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade IN WITNESS WHEREFORE, the parties hereto have executed this CONTRACT as of the day and year first above written. Page 324 of 481 THE CITY OF FAIRHOPE, ALABAMA __________ ATTEST: ______ Sherry Sullivan, Mayor Lisa A. Hanks, MMC, City Clerk NOTARY FOR OWNER (CITY OF FAIRHOPE) STATE OF ALABAMA _________________________ } COUNTY OF BALDWIN ________________________} I, the undersigned authority in and for said State and County, hereby certify that SHERRY SULLIVAN, 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, that, being informed of the contents of the document she executed the same voluntarily on the date the same bears date. Given under my hand and Notary Seal on this ________ day of _____________, 202__. NOTARY PUBLIC __________ MY COMMISSION EXPIRES ____ __________ Page 325 of 481 IF INDIVIDUAL OR PARTNERSHIP __________ __________ Individual or Partnership Print Name of Partner __________ __________ Print Name of Representative Authorized to Sign Print Name of Partner Contracts for the firm __________ __________ Signature of Representative Authorized to Sign Print Name of Partner Contracts for the firm ____________________________________________________________________________________________ Address ____________________________________________________________________________________________ Address ____________________________________________________________________________________________ City, State, Zip Code __________ _____ Phone Number Fax Number __________ Primary E-mail Address _____________________________________________ AL General Contractor License No. (Attach Copy) ____________________________________________________________________________________________ AL General Contractor License Major Categories ____________________________________________________________________________________________ AL General Contractor Specialties ____________________________________________________________________________________________ AL Foreign Corporation Entity ID (Required of Out of State Vendors) IF CORPORATION OR LLC __________ __________ Company State of Incorporation Company Representative __________ __________ Print Name of Representative Authorized to Sign Signature of Representative Authorized to Sign Contracts for the firm Contracts for the firm ____________________________________________________________________________________________ Address __________________________________________________________________________________________ Address ____________________________________________________________________________________________ City, State, Zip Code __________ __________ Phone Number Fax Number Page 326 of 481 __________ Primary E-mail Address _____________________________________________ AL General Contractor License No. (Attach Copy) ____________________________________________________________________________________________ AL General Contractor License Major Categories ____________________________________________________________________________________________ AL General Contractor Specialties ____________________________________________________________________________________________ AL Foreign Corporation Entity ID (Required of Out of State Vendors) NOTARY FOR INDIVIDUAL, PARTNERSHIP, CORPORATION, OR LLC STATE OF __________________________ } COUNTY OF _________________________} I, the undersigned authority in and for said State and County, hereby certify that ________________________As Name ______________________________ respectively of _________________________________________________ Title Company Name Whose name is signed in the foregoing document and who is known to me, acknowledged before me on this day, being informed 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 _____________, 202__. NOTARY PUBLIC __________ MY COMMISSION EXPIRES ____ __________ Page 327 of 481 ATTACHMENT A Page 328 of 481 ATTACHMENT A Page 329 of 481 ATTACHMENT A Page 330 of 481 ATTACHMENT A Page 331 of 481 ATTACHMENT A Page 332 of 481 ATTACHMENT A Page 333 of 481 ATTACHMENT A Page 334 of 481 ATTACHMENT A Page 335 of 481 ATTACHMENT A Page 336 of 481 ATTACHMENT A Page 337 of 481 ATTACHMENT A Page 338 of 481 ATTACHMENT A Page 339 of 481 ATTACHMENT A Page 340 of 481 ATTACHMENT A Page 341 of 481 ATTACHMENT A Page 342 of 481 ATTACHMENT A Page 343 of 481 ATTACHMENT A Page 344 of 481 ATTACHMENT A Page 345 of 481 ATTACHMENT A Page 346 of 481 ATTACHMENT A Page 347 of 481 ATTACHMENT A Page 348 of 481 ATTACHMENT A Page 349 of 481 ATTACHMENT A Page 350 of 481 ATTACHMENT A Page 351 of 481 ATTACHMENT A Page 352 of 481 ATTACHMENT A Page 353 of 481 ATTACHMENT A Page 354 of 481 ATTACHMENT A Page 355 of 481 ATTACHMENT A Page 356 of 481 ATTACHMENT A Page 357 of 481 ATTACHMENT A Page 358 of 481 ATTACHMENT A Page 359 of 481 ATTACHMENT A Page 360 of 481 ATTACHMENT A Page 361 of 481 ATTACHMENT A Page 362 of 481 ATTACHMENT A Page 363 of 481 ATTACHMENT A Page 364 of 481 ATTACHMENT A Page 365 of 481 CITY OF FAIRHOPE INVITATION TO BID SEALED BIDS will be received by the City of Fairhope of Baldwin County, Alabama, in the City of Fairhope offices, 555 South Section St. Fairhope, Alabama, until 10:00 A.M. Thursday, January 9, 2025, and then publicly opened thereafter, for furnishing all labor and materials, and performing all work required by the City of Fairhope and described as follows: Bid Number 25-015 Beverage Vending and Concession Annual Contract – Three Years The City of Fairhope is requesting responses from qualified contractors to provide canned and bottled beverages for the Quail Creek Golf Course and other City of Fairhope recreational venues. Additionally, the contractor shall provide and maintain drink vending machines in various City locations. It is the intent of the City to award a single contract to the lowest responsive and responsible bidder. The contract shall be for a maximum of three (3) years. Bid documents will be posted on the City of Fairhope Website: www.FairhopeAL.gov or a copy may be obtained by e-mailing: Purchasing@FairhopeAL.gov. Specifications are on file and may be seen in the Purchasing Department of the City of Fairhope, Alabama, 555 S. Section Street. Prior to opening, Bid packages may be picked up at that location during normal operation, between 7:00 am and 4:00 pm local time. Questions or comments pertaining to this bid must be presented in writing, sent as e-mail to the attention of the Purchasing Manager, Erin Wolfe, 555 South Section St., Fairhope, AL 36532, e-mail: Purchasing@FairhopeAL.gov, by Monday, January 6, 2025, at 11:00 A.M. or will be forever waived. The City of Fairhope is an Equal Opportunity Employer and requires that all BIDDERS comply with the Equal Employment Opportunity laws and the provisions of the CONTRACT Documents in this regard. The CITY also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. All bids must be on blank bid forms provided in the Bid Documents. All bids, with their guarantee (when required), must be enclosed in a sealed, opaque envelope, clearly identified on the outside as a “Sealed Bid” with Item Name, Bid Number, City of Fairhope’s Name and Address and CONTRACTOR’s Name and Address. Each bid must be in a separate envelope. Bids made out in pencil will not be accepted. Failure to observe the instructions contained herein will constitute grounds for rejection of your bid. The City reserves the right to accept or reject all bids or any portion thereof, and to waive informalities and to furnish any item of material or work to change the amount of the CONTRACT, whichever is in the best interest of the City of Fairhope. No bids will be considered unless the CONTRACTOR, whether resident or non-resident of Alabama, is properly qualified to submit a proposal for this type of work in accordance with all applicable laws of the State of Alabama. Where applicable, this shall include evidence of holding a current license from the State Licensing board for General BIDDERS, Montgomery, Alabama, as required by Chapter 8 of Title 34, of the Code of Alabama, 1975. In addition, the Awarded Vendor, if non-resident of the State, and if a corporation, shall show evidence of having qualified with the Secretary of State to do business in the State of Alabama. CONTRACTOR must have a current business license or purchase a business license with the City of Fairhope prior to work performed. No bids shall be withdrawn for the period of thirty (30) days subsequent to the opening of proposals without the consent of the City of Fairhope, Baldwin County, Alabama. Once completed, a tabulation of the responsive and responsible bids will be available for public viewing by visiting the following web address: www.FairhopeAL.gov. ATTACHMENT B Page 366 of 481 INVITATION TO BID NO. 25-015 BEVERAGE VENDING AND CONCESSION ANNUAL CONTRACT – THREE YEARS CITY OF FAIRHOPE SHERRY SULLIVAN, MAYOR ATTACHMENT B Page 367 of 481 TABLE OF CONTENTS Invitation and Instruction to Bidders….….……………………………….…………………I Scope of Work………………………….……………………………………….……………II Bid Response Form………………………………………………………………………….III Contractor Information…………………………………………………………..…………..IV Insurance……………………………………………………………………………………..V Sample Contract…….……………………………………………………………………….VI Standard Terms and Conditions……………………………………………….................VII Alabama Immigration Act Contract Requirements………………………….…..............VIII Invitation Summary…….………………………………………………………………….…IX Vending and Concession Locations ……………………………………..ATTACHMENT A Franchise Agreement………………………………………………………ATTACHMENT B ATTACHMENT B Page 368 of 481 ITEM I INVITATION AND INSTRUCTIONS TO BIDDERS 1.00 BID INVITATION Notice is hereby given that the City of Fairhope (“CITY”) will receive bids on the project described herein. Qualified BIDDERS are invited to bid on this CONTRACT. 1.01 BID NO.: 25-015 NAME: Beverage Vending and Concession Annual Contract – Three Years 1.02 SUMMARY The City of Fairhope is requesting responses from qualified contractors to provide canned and bottled beverages for the Quail Creek Golf Course and other City of Fairhope recreational venues. Additionally, the contractor shall provide and maintain drink vending machines in various City locations. It is the intent of the City to award a single contract to the lowest responsive and responsible bidder. The contract shall be for a maximum of three (3) years. 1.03 BID DEADLINE Bids will be received until 10:00 A.M. local time, Thursday, January 9, 2025, at the City Services and Public Utilities Building, 555 South Section St., Fairhope, Alabama, and publicly opened shortly thereafter. 1.04 AVAILABILITY OF DOCUMENTS Bid Documents may be obtained at the City Services and Public Utilities Building, 555 South Section Street., Fairhope, Alabama. One set of Bid Documents can be obtained free of charge. 1.05 INQUIRIES Questions or comments pertaining to this bid must be presented in writing, sent as e-mail to the attention of the Purchasing Manager, Erin Wolfe, 555 South Section St., Fairhope, AL 36532, e-mail: Purchasing@FairhopeAL.gov, by Monday, January 6, 2025 at 11:00 A.M. or will be forever waived. 1.06 SITE EXAMINATION No pre-bid meeting is scheduled. The City of Fairhope will not furnish any labor, material, or supplies unless specifically stated in the CONTRACT Documents. BIDDERS must be properly licensed to perform the work as outlined in the Scope of Work. Awarded Vendor must have a current business license or purchase a business license with the City of Fairhope prior to bid being awarded. Except for CONTRACTS funded in whole or in part by funds received from a federal agency, preference shall be given to resident BIDDERS on the same basis as the nonresident BIDDERS state awards CONTRACT to Alabama BIDDERS bidding under similar circumstances. Therefore, non-resident BIDDERS shall submit with their bid a written opinion of an attorney at law licensed to practice law in the non-resident BIDDERS state of domicile as to preferences granted by that state to entities doing business in that state when letting public contracts. 1.07 BID SECURITY Bid Bond is waived. ATTACHMENT B Page 369 of 481 1.08 PERFORMANCE ASSURANCE AND INSURANCE Performance Bond and Labor and Materials Bond are waived. The accepted BIDDER shall also provide insurance as required in ITEM V. 1.09 DURATION OF OFFER Bids may be withdrawn in written or telegraphic request received from BIDDER prior to the time fixed for opening. No bid shall be withdrawn for a period of thirty (30) days subsequent to the opening of bids without the consent of the City Council of the City of Fairhope. 1.10 EQUAL OPPORTUNITY The City of Fairhope is an Equal Opportunity Employer and requires that all BIDDERS comply with the Equal Employment Opportunity laws and the provisions of the CONTRACT Documents in this regard. The City of Fairhope also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. 1.11 BID SUBMISSION AND PREPARATION Sealed Bids, signed, executed, and dated, will be received by the City of Fairhope as noted in section 1.03 above. Submit one copy of the executed offer on the Bid Form provided, signed, and with the required Bid Security. The bid shall be enclosed in a sealed opaque envelope approximately 9x12 inches or larger, clearly identified on the outside as a SEALED BID with the BID NAME, BID NUMBER, CITY’S NAME AND ADDRESS, CONTRACTOR’S NAME AND ADDRESS. Forms furnished, or copies thereof, shall be used, and strict compliance with the requirements of the invitation, these instructions, and the instructions printed on the forms is necessary. Special care should be exercised in the preparation of bids. BIDDERS must make their own estimates of the facilities and difficulties attending the performance of the proposed CONTRACT, including local conditions, uncertainty of weather, and all other contingencies. All designations and prices shall be fully and clearly set forth. The proper space in the bid and guaranty forms shall be suitably filled in. Fill in all blanks on the bid form with non-erasable ink or type. Erasers or other changes must be explained or noted over the signature of the BIDDER. The Bid Form may have a Contingency Allowance listed. Add this amount to the Base Bid to derive the Total Bid. The Contingency Allowance covers unforeseen conditions and shall not be used by the BIDDER without the written authorization of the CITY. At the conclusion of the project, the unused portion of the Contingency Allowance shall revert to the CITY. Each bid must give the full business address of the BIDDER and must be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the State of Incorporation and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person shall also be typed or printed below the signature. A bid by a person who affixes to this signature the word “president,” “secretary,” “agent,” or other designation without disclosing his principal, may be held to be the bid of the individual signing. When requested by the CITY satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. Each project will be bid separately unless otherwise expressly requested in the CONTRACT document. Combination bids, that is bids on separate projects lumped together as a single bid or on all or none basis, will not be accepted unless the CONTRACT document expressly requests or permits same. ATTACHMENT B Page 370 of 481 1.12 BID INELIGIBILITY Bids that contain irregularities of any kind may be declared unacceptable at the discretion of the CITY. The CITY may waive any irregularities and may reject any or all bids. Bids received after the deadline will be returned to the BIDDER unopened. 1.13 CONTRACT TIME The BIDDER agrees to perform the works as contained in the project Scope of Work as an annual contract with a maximum contract time of three (3) years. 1.14 INQUIRIES/ADDENDA All Addenda are part of the CONTRACT Documents. Include resultant costs in the Bid. Addenda will be issued by E-MAIL and posted on the City’s website: www.FairhopeAL.gov. It is the responsibility of the BIDDER to verify that all Addenda have been received. Questions or comments pertaining to this bid must be presented in writing, sent via email Purchasing@FairhopeAL.gov by Monday, January 6, 2025, at 11:00 A.M. or will be forever waived. 1.15 BID ACCEPTANCE Bid with lowest Total Bid amount from a responsive and responsible BIDDER may be accepted if within the CONTRACT Budget. In the event that alternates are listed on the Bid Form, the lowest combination of Total Bid and Alternate Bids accepted by the CITY shall be the accepted bid. Alternates shall be awarded in the order in which they are listed on the Bid Form. 1.16 BIDDERS INTERESTED IN MORE THAN ONE BID If more than one bid is offered by any one party, by or in a name of his clerk, partner, corporation in which he has a substantial interest, or in which he is an officer, or other person, all such bids may be rejected. A party who has quoted prices on materials to a BIDDER is not thereby disqualified from quoting prices to other BIDDERS or from submitting a bid directly for the materials or work. The CITY reserves the right to determine in its discretion whether the provisions of this clause have been violated by any BIDDER. 1.17 ERRORS IN BIDS BIDDERS or their authorized agents are expected to examine the maps, drawings, specifications and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the BIDDER'S own risk. In case of error, in the extension of prices, the unit price will govern. 1.18 CONTRACT AND BOND The BIDDER to whom award is made must, when requested, enter into written CONTRACT on the standard form as set out herein, with satisfactory security in the amount required, within the period specified, or, if no period be specified, within 15 days after the required forms are presented to him for signature. 1.19 COLLUSION If there is any reason for believing that collusion exists among the BIDDERS any or all bids may be rejected, and those participating in such collusion may be barred from submitting bids on the same or other work with the CITY. ATTACHMENT B Page 371 of 481 1.20 SUBLETTING OR ASSIGNING OF CONTRACT Limitations: The CONTRACTOR shall not sublet, assign, transfer, convey, sell, or otherwise dispose of any portion of the CONTRACT, his right, title or interest therein, or his power to execute such CONTRACT, to any person, firm or corporation without written consent of the CITY, and such written consent shall not be construed to relieve the BIDDER of any responsibility for the fulfillment of the CONTRACT. Unless otherwise stipulated in the proposal or special provisions, the BIDDER shall perform with his own organization, and with the assistance of workmen under his immediate superintendence and reported on his payroll, all CONTRACT work of a value not less than 50 percent of the total CONTRACT amount, except that any items designated in the CONTRACT as "Specialty Items" so performed by SUB- CONTRACT may be deducted from the total CONTRACT amount before computing the amount of work required to be performed by the BIDDER with his own organization. SUB-CONTRACTOR'S Status: A SUB-CONTRACTOR shall be recognized only in the capacity of an employee or agent of the CONTRACTOR and the CONTRACTOR will be responsible to the CITY for all of the SUB- CONTRACTOR's work, including failures or omissions; and his removal may be required by the Project Manager, as in the case of an employee. 1.21 PROSECUTION OF WORK The BIDDER shall prosecute the work continuously and diligently in the order and manner set out in his schedule as approved by the CITY. He shall provide sufficient satisfactory materials, labor, and equipment to ensure that the work will be completed in a satisfactory manner within the time specified in the CONTRACT. Should the BIDDERS fail to maintain a satisfactory rate of progress, the CITY may require that additional forces and/or equipment be placed on the work to bring the project up to schedule and maintain it at that level. Should the BIDDER fail to furnish sufficient satisfactory equipment and/or labor for maintaining the quality and progress of the work at satisfactory level, the CITY may withhold all estimates that may become due until satisfactory quality and progress are maintained; or the CONTRACT may be annulled. END OF INVITATION AND INSTRUCTIONS TO BIDDERS ATTACHMENT B Page 372 of 481 ITEM II SCOPE OF WORK AND SPECIFICATIONS Bid No. 25-015 Beverage Vending and Concession Annual Contract – Three Years 1.0 SCOPE 1.01 The City of Fairhope is requesting responses from qualified contractors to provide canned and bottled beverages for the Quail Creek Golf Course and other City of Fairhope recreational venues. Additionally, the contractor shall provide and maintain drink vending machines in various City locations. It is the intent of the City to award a single contract to the lowest responsive and responsible bidder. The contract shall be for a maximum of three (3) years. 1.02 The attached specifications are intended and provided solely as a general and non-exhaustive expression of the intent and purpose of the City regarding this bid; said specifications should be so considered by the Bidders. The use of specific names is not intended to restrict the bidder or any seller or manufacturer, but is solely for the purpose of indicating the type, size and quality of materials, product services, or equipment best suited for the City. Accordingly, the Bidder admits and agrees that said specifications are not complete in every detail and that the work and materials not indicated or expressly mentioned in said specifications, but which are reasonably necessary for the full and faithful performance of the item(s) bid in accordance with the full and faithful intent, will be included in the bid and incorporated in the work by the Bidder and at the Bidder’s sole expense, the same as if indicated and specified. 1.03 Minimum specifications must be met. Additional features and/or capabilities not included in the specifications may be included in the submitted bid. 1.04 Pricing of the most frequently purchased items listed on the Bid Response Form is not to be construed as Bidder’s complete offer. The intent is for each supplier to submit their complete line of products so that the City may order products as appropriate for their needs. 1.05 Bid Evaluation: Each submitted bid will be reviewed prior to the selection process for completeness and adherence to format. Failure to complete all instructions and supply all required submittals may result in the Bidder being declared non-responsive. 1.06 The services described herein outline the scope of work that is to be performed by the successful Bidder at the City of Fairhope for the contractual period of three (3) yeas. The contract will include, but is not limited to providing non-alcoholic beverage services in the following venues: A. City of Fairhope Recreation Park concessions B. Quail Creek Golf Course C. Fairhope Soccer Complex D. City Functions E. Vending machine services on City properties The City reserves the right to add City properties to this list as they are added or developed by the City throughout the life of the contract. 2.0 FRANCHISE AGREEMENT As part of the Contract, the Awarded Vendor will enter into a FRANCHISE AGREEMENT with the City of Fairhope for the vending machine franchise (see ITEM VI SAMPLE CONTRACT and ATTACHMENT 2 FRANCHISE AGREEMENT). The Franchise Agreement requires an application fee of One Hundred Fifty Dollars ($150.00), to be paid by cashier’s check, certified check, or money order payable to the City of Fairhope. The application fee and Franchise Agreement shall be submitted with the signed contract by the Awarded Vendor. ATTACHMENT B Page 373 of 481 3.1 CITY OF FAIRHOPE RECREATION PARK BEVERAGE CONCESSIONS 3.1.1 The City of Fairhope owns various properties/facilities at which competitive sporting events are performed by organizations granted the use of said properties/facilities by the City (See ATTACHMENT A for Concession and Vending Locations). The Contractor shall supply to those events all non-alcoholic beverages, including but not limited to, all soft drinks, juice, water, and isotonic beverages; whether ordered directly by the City, or any of the organizations granted the use of said Properties/Facilities. At the listed properties/facilities, the Contractor will also supply all necessary equipment in which to store and dispense the ordered and delivered beverage products, in a dispense-ready state, including proper temperature. Equipment must meet specifications agreed upon by the City. 3.1.2 The Contractor shall maintain the equipment in a good state of repair at all times and shall promptly repair and replace broken or damaged equipment, so as not to interfere with event functions. Costs relating to the repair or replacement of such equipment, stolen, lost or damaged, shall be at the expense of the Contractor. 3.2 QUAIL CREEK COLF COURSE BEVERAGE CONCESSIONS 3.2.1 The City of Fairhope owns and operates the Quail Creek Golf Course in Fairhope, Alabama, including currently operating a food and beverage concession. The Contractor will supply to that concession all non-alcoholic beverages, including but not limited to, all soft drinks, juice, water, and isotonic beverages, ordered directly by the City. At the facility’s concession areas, the Contractor will also supply all necessary equipment in which to store and dispense the ordered and delivered beverage products, in a dispense-ready state, including proper temperature. Equipment must meet specifications agreed upon by the City. 3.2.2 The Contractor shall maintain the equipment in a good state of repair at all times, and shall promptly repair and replace broken or damaged equipment, so as not to interfere with event functions. Costs relating to the repair or replacement of such equipment, stolen, lost or damaged, shall be at the expense of the Contractor. 3.3 FAIRHOPE SOCCER COMPLEX CONCESSIONS 3.3.1 The City of Fairhope owns and operates the Fairhope Soccer Complex in Fairhope, Alabama, including currently operating a food and beverage concession. The Contractor will supply to that concession all non-alcoholic beverages, including but not limited to, all soft drinks, juice, water, and isotonic beverages, ordered directly by the City. At the facility’s concession areas, the Contractor will also supply all necessary equipment in which to store and dispense the ordered and delivered beverage products, in a dispense-ready state, including proper temperature. Equipment must meet specifications agreed upon by the City. 3.3.2 The Contractor shall maintain the equipment in a good state of repair at all times, and shall promptly repair and replace broken or damaged equipment, so as not to interfere with event functions. Costs relating to the repair or replacement of such equipment, stolen, lost or damaged, shall be at the expense of the Contractor. 3.4 CITY FUNCTIONS For use at various City functions, the City procures non-alcoholic beverages, including but not limited to, all soft drinks, juice, water, and isotonic beverages, ordered directly by the City. The Contractor will supply such products as ordered directly by the City at the contract price for the duration of the contract. 3.5 VENDING MACHINE SERVICES ON CITY OF FAIRHOPE PROPERTIES The City of Fairhope owns a variety of buildings and facilities at which non-alcoholic beverage vending machines will be placed (See ATTACHMENT A for list of locations). The Contractor will supply non- alcoholic beverage vending machines at those locations. Equipment must meet specifications agreed upon by the City. Additional locations may be determined by the City during the course of the contract. ATTACHMENT B Page 374 of 481 4.0 EQUIPMENT The Contractor agrees to supply and maintain, at no cost to the City, all mutually agreed upon equipment necessary to dispense and vend products stated within the proposal at various locations throughout the City, and will consist of providing, at a minimum, the following items: A. Banners for registration and special events B. Soft drink fountains (no soft drink fountains are currently in use on City properties) C. Menu boards D. Coolers – ten (10) minimum E. Full Service vending machines for all City facilities F. Vending Machines shall be new and/or of good quality. All vending machines shall be attractive in appearance using the latest designs in the marketplace and shall reasonably match in color and style. G. Vending machines must accept any combination of nickels, dimes, quarters and dollar coins, bills and credit cards. Any changes to equipment requires a two (2) week advanced written notice to the City agent. The City reserves the option to accept the change or request further discussion of options. H. All machines must bear a sticker or label in a highly visible location that identifies the Contractor’s name and customer service telephone number to call for services, lost money, and other complaints and problems. I. Contractor agrees to reimburse all money lost in the machines that are the result of machine malfunction. Contractor shall identify the person/position that is responsible for refunds. J. A guarantee of services on all equipment, with a service technician on call on all days on which events are occurring, to respond to problems within 24 hours. 4.1 FUTURE EQUIPMENT The Contractor agrees to supply, at no cost to the City, any future equipment needed for any new or expanding facility. This would include storing and dispensing equipment. 4.2 REMOVAL AND INSTALLATION At the termination of the contract, the existing vendor shall have thirty (30) days from the contract award date to remove all existing equipment for all locations throughout City facilities. The newly Awarded Vendor shall, within the same thirty (30) days from the contract award, supply and install all new equipment on site as requested. The transition shall be conducted in a manner not to interfere with any City function. 5.0 ADVERTISING Throughout the entire term of the contract, any renewal, or extension thereof, no beverage other than those supplied by the Contractor shall be permanently advertised at all City of Fairhope facilities. The City must approve all advertising. 6.0 CONTRACT TERM The intent of this contract is to be awarded for a three (3) year term. 7.0 ADDITIONAL RESPONSIBILITIES 7.1 The Contractor, its representatives, and employees shall adhere to all State, County, and City laws and regulations currently in force and those adopted and amended throughout the term of the contract. 7.2 The Contractor hereby waives all claims for damages to or loss of any property belonging to the Contractor that may be in or about the premises. 7.3 The Contractor will be responsible for all damage to City property caused by the Contractor, its employees, or its agents. Any such damage shall be promptly corrected at the expense of the Contractor. ATTACHMENT B Page 375 of 481 7.4 The Contractor hereby agrees to indemnify, defend, and hold harmless the City and its respective agents, officials, employees, and representatives from any and all claims of liability for damages by or in connection with any activities conducted pursuant to this Agreement. The City assumes no responsibility whatsoever for any property located on the premises that does not belong to the City and the City is hereby expressly relieved and discharged from any and all liability for any loss, injury, or damage to persons or property that may be sustained by any reason under this Agreement. 8.0 GENERAL TERMS 8.1 After reasonable notice to the Contractor, the City of Fairhope may review any of the Contractor’s internal records, reports or insurance policies applicable to the contract, during the term of this contract. 8.2 The Contractor will provide the required services and will not subcontract or assign the services without the written approval by the City. 8.3 Both the Contractor and the City agree that the Contractor is neither an employee nor an agent of the City for any purpose. 8.4 Contractor shall not interfere with the free distribution of food or drinks or any items of any nature whatsoever, where the City has authorized such distribution. Free samples, of a size and type to be approved by the City, may be given away by, or on behalf of, or with permission of any person or organization, which has properly engaged the facilities at the discretion of the City. 8.5 All equipment provided by the Contractor will remain the property of the Contractor and any maintenance required thereon shall be at the sole expense of the Contractor. The City shall incur no obligation for repairs to equipment provided by the Contractor. 8.6 Contractor shall require all employees to be attired in a standard uniform of the Contractor’s choice. Uniform shall be neat and appropriate for the type of operation and shall be approved by the City. 8.7 Discounts, if any, will be figured from the date of acceptance by the City regardless of the date of delivery or notice. 8.8 All bids which do not contain a firm, stated price for the materials required will be considered informal. Any bid containing an “escalator clause” will not be considered. 8.9 Contractor agrees to supply the following: A. Vending machines and miscellaneous support equipment for all designated facilities. B. Beverage merchandising coolers for bottled and canned beverages. C. Special assistance during major events, e.g. tournaments and festivals. D. Emergency repair service for all equipment within 24 hours after call. 9.0 SPECIFICATIONS: 9.1 Product: 7.5 oz can soft drink 12 oz can soft drink 12 oz plastic bottle soft drink 12 oz plastic bottle name brand water 20 oz plastic bottle soft drink 20 oz plastic bottle name brand water 20 oz plastic bottle sports drink The following items are not currently being used by the City of Fairhope, but the City is requesting contract pricing for potential future use. 2.5 gal Bag-in-a-Box syrup 3.0 gal Bag-in-a-Box syrup 5.0 gal Bag-in-a-Box syrup CO2 Deposits CO2 Canisters ATTACHMENT B Page 376 of 481 9.2 Current Vending Machine Locations A. Fairhope Recreation Center (3) B. Fairhope City Services and Public Utilities Building (2) C. Fairhope Police Department D. Fairhope Docks E. Fairhope Aviation Academy F. Fairhope Tennis G. Stimpson Field H. Wastewater Treatment Plant I. Fairhope City Hall 9.3 Current Concession Locations A. Fairhope Municipal Park including: Stadium, High School Baseball, Youth Baseball, and Pool B. Founders Park including: Youth Softball, Youth Soccer, and High School Softball C. Barnwell Park including: Youth Football and Adult Softball D. Quail Creek Golf Course E. Fairhope Soccer Complex 9.4 Additional locations for vending machines and concessions may be added throughout the term of the contract. ATTACHMENT B Page 377 of 481 ITEM III BID RESPONSE FORM Date: ____ / _____ / _______ Bid No: 25-015 Beverage Vending and Concession Annual Contract – Three Years Bids Due: Thursday, January 9, 2025, 10:00 A.M. Description Unit Unit Price Bidder shall provide a list with their submitted bid of all product flavors available to this contract in the different unit sizes. Can Soft Drink 7.5 oz Can Soft Drink 12 oz Plastic Bottle Soft Drink 12 oz Plastic Bottle Name Brand Water 12 oz Plastic Bottle Soft Drink 20 oz Plastic Bottle Name Brand Water 20 oz Plastic Bottle Sports Drink 20 oz Plastic Bottle Energy Drink (Provide Unit Size) Bag-in-a-Box Syrup 2.5 gal Bag-in-a-Box Syrup 3.0 gal Bag-in-a-Box Syrup 5.0 gal CO2 Deposits CO2 Canisters Total (per one each unit) Vending Machine Franchise Percent of Gross Receipts: 20% per City of Fairhope Franchise Agreement (see Exhibit B). Agree: _____Yes _____ No Bid will include all labor, materials, equipment, shipping and postage, overhead, profit, bonds, insurance and all other costs necessary to provide the complete services outlined within this CONTRACT and scope of work. ATTACHMENT B Page 378 of 481 Receipt of the following Addenda to these documents is hereby acknowledged by the undersigned (CONTRACTOR to complete below): ADDENDUM NO. DATE ISSUED ADDENDUM NO. DATE ISSUED Each bid must give the full business address of the CONTRACTOR and must be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed with the legal name of the corporation followed by the name of the State of Incorporation and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person shall also be typed or printed below the signature. A bid by a person who affixes to this signature the word “president,” “secretary,” “agent,” or other designation without disclosing his principal, may be held to be the bid of the individual signing. When requested by the City of Fairhope, Baldwin County, Alabama, satisfactory evidence of the authority of the officer signing in behalf of the corporation shall be furnished. The undersigned agrees to furnish the goods/services as requested by you for the City of Fairhope, Baldwin County, Alabama in your invitation to bid, and certifies that they will meet or exceed the specifications called for. The undersigned has read all information pertaining to this bid and has resolved all questions. It is also understood and agreed that all prices quoted are F.O.B. described in the bid documents and specifications. The undersigned also affirms he/she has not been in any CONTRACT or collusion among BIDDERS or prospective BIDDERS in restraint of freedom of competition, by CONTRACT to bid at a fixed price or to refrain from bidding or otherwise. Witness our hands and seals this day of , 202__. ATTACHMENT B Page 379 of 481 References Bidder shall provide three (3) references within the State of Alabama for which the Bidder has provided services as it relates specifically to the services outlines in this Bid. Include current telephone numbers and email addresses. REFERENCE 1: Name of Client/Company Contact Person City/State Phone Email Address Services Provided REFERENCE 2: Name of Client/Company Contact Person City/State Phone Email Address Services Provided REFERENCE 3: Name of Client/Company Contact Person City/State Phone Email Address Services Provided ATTACHMENT B Page 380 of 481 If Individual or Partnership _____________________________________________________ _________________________________ (Name of Individual or Partnership) (Name of Partner Print) ________________________________________ ________________________________ (Name of Representative Authorized to sign Bids and (Name of Partner Print) CONTRACTs for the firm Print) Address__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Phone Number ( )________________________Fax Number ( )_____________________ E-mail address ____________________________________Alabama Contractor’s License No. ____________ Foreign Entity ID (if outside of Alabama)_________________________________________________________ If Corporation or LLC Company________________________________________________________________________ State of Incorporation ______________________________________________________________ Company Representative___________________________________________________________ ( Representative Authorized to sign Bids and CONTRACTs for the firm Print) Company Representative___________________________________________________________ ( Representative Authorized to sign Bids and CONTRACTs for the firm Signature) Address__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Phone Number ( )__________________________ Fax Number(___)______________________ E-mail address ___________________________AL CONTRACTOR’s License No. ______________ Foreign Vendor Id__________________________________________ BID PROPOSAL NOTARIZATION: STATE OF ___________________} COUNTY OF ___________________} I, the undersigned authority in and for said State and County, hereby certify that _________ , as respectively, of __________________________________________, whose name is signed to the foregoing document and who is known to me, acknowledged before me on this day, that, being informed 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 ____________, 202__. NOTARY PUBLIC _____________________ MY COMMISSION EXPIRES____/___/_____ ATTACHMENT B Page 381 of 481 ITEM IV CONTRACTOR INFORMATION This Section must be printed, completed, and turned in with your bid response to Business Organization Name of CONTRACTOR (exactly as it appears on W-9): ______________________________________________________________________________ Doing-Business-As Name of CONTRACTOR: ______________________________________________________________________________ Principal Office Address: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ LOCAL Telephone Number: ______________________ Toll- Free____________________ LOCAL Fax Number: ______________________ Email address: ________________________________________________________ Website: ________________________________________________________ Form of Business Entity [check one (“X”] Corporation ____ Partnership ____ Individual ____ Joint Venture ____ Other (describe): ________________________________________________________ Corporation Statement If a corporation, answer the following: Date of incorporation: __________________ Location of incorporation: ________________________________________________________ The corporation is held: Publicly ___ Privately ___ Partnership Statement If a partnership, answer the following: Date of organization: __________________ Location of organization: ________________________________________________________ The partnership is: General ___ Limited ___ Joint Venture Statement If a Joint Venture, answer the following: Date of organization: __________________ Location of organization: ________________________________________________________ JV CONTRACT recorded? Yes ___ No ___ Contact: _______________________________________Email____________________________ Phone__________________________________________Fax____________________________ END OF CONTRACTOR INFORMATION ATTACHMENT B Page 382 of 481 ITEM V INSURANCE REQUIREMENTS 3.0 INSURANCE REQUIREMENTS Awarded CONTRACTOR, at its sole expense, shall obtain and maintain in full force the following insurance to protect the CONTRACTOR and the City of Fairhope at limits and coverages specified herein. The City of Fairhope will be listed as an additional insured under the CONTRACTOR’S general liability insurance and automobile liability insurance policies, and all other applicable policies and certificates of insurance. These limits and coverages specified are the minimum to be maintained and are not intended to represent the correct insurance needed to fully and adequately protect the awarded CONTRACTOR. 3.01 All insurance will be provided by insurers by admitted carriers in the State of Alabama, shall have a minimum A.M. Best rating of A-VII and must be acceptable to the City. Self-insured plans and/or group funds not having an A.M. Best rating must be submitted to the City for prior approval. 3.02 NO WORK IS TO BE PERFORMED UNTIL PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS HAS BEEN RECEIVED BY THE CITY. 3.03 Worker’s Compensation and Employers Liability Part One: Statutory Benefits as required by the State of Alabama Part Two: Employers Liability $100,000 Each Accident $100,000 Each Employee $500,000 Policy Limit 3.04 U.S. Longshoreman & Harbor workers Act (USL&H)- Required if CONTRACT involves work near a navigable Waterway that may be subject to the USL&H law. 3.05 Maritime Endorsement (Jones Act)- Endorsement required if CONTRACT involves the use of a Vessel. Or include coverage for “Master or Members or Crew” under “Protection and Indemnity” coverage (P&I), unless crew is covered under Workers Compensation. Bodily injury by accident $1,000,000 Each Accident Bodily injury by disease $1,000,000 Aggregate 3.06 Commercial General Liability Coverage on an Occurrence form with a combined single limit of (Bodily Injury and Property Damage combined as follows: Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 Products/Completed Operation Aggregate $2,000,000 General Aggregate $2,000,000 Coverage to include: Premises and operations Personal Injury and Advertising Injury Products/Completed Operations ATTACHMENT B Page 383 of 481 Independent BIDDERS Blanket Contractual Liability Explosion, Collapse and Underground hazards Broad Form Property Damage Railroad Protective Liability Insurance if work involves construction, demolition or maintenance operations on or within 50 feet of a railroad. 3.07 Automobile Liability Covering all Owned, Non-Owned, and Hired vehicles with a limit of no less than $1,000,000 combined single limit of Bodily Injury and property damage per occurrence. 3.08 Certificate of Insurance A Certificate of Insurance evidencing the above minimum requirements must be provided to and accepted by the City PRIOR to commencement of any work on the CONTRACT. Each policy shall be endorsed to provide ten (10) days written notice of cancellation to the CITY Such insurance as is afforded by the above policies covers the operations undertaken by the insured with respect to the construction of the project above designated. The insurance afforded by the above designated policies, specimen copies of which have been filed with the CITY, and to each of which is attached for following endorsement. The insurer agrees with the insured as follows: 1. That it will furnish to said City of Fairhope a certificate of insurance in triplicate on a form approved for such purpose by said CITY, setting forth the pertinent information regarding the policy to which this endorsement is attached, for each project of said CITY to which the policy applies. 2. That it will attach to each said certificate of insurance executed copies of any endorsement other than this endorsement which are attached to said policy at the time said policy is issued, provided only that said endorsements affect the coverage of said policy in respect of operations involved in the construction of the projects of said CITY to which the policy applies. 3. That it will mail to the City Council of the City of Fairhope three executed copies of each endorsement subsequently issued to become a part of said policy provided only that endorsement affects the coverages of said policy in respect of operations involved in the construction of the project of said CITY which the policy applies, and provided further that such endorsement shall not be effective unless such notice is given to the CITY at the same time that notice thereof is given to the insured. 4. That it will mail to the City Council of the CITY of Fairhope at least ten days before the effective date thereof notice of cancellation of said policy, provided no cancellation shall be effective unless such notice is given to the CITY. END OF INSURANCE REQUIREMENTS ATTACHMENT B Page 384 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 ITEM VII CITY OF FAIRHOPE STANDARD TERMS AND CONDITIONS 1. ACCEPTANCE OF AGREEMENT This Agreement contains all terms and conditions agreed upon by the Owner and Winning bidder. No other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either party hereto. The Winning Bidder shall not employ Subcontractors without the express written permission of the Owner. No waiver, alteration, consent or modification of any of the provisions of the Agreement shall be binding unless in writing and signed by the Owner and Contractor. This Agreement shall not be construed against the party or parties preparing it. It shall be construed as if all the parties and each of them jointly prepared this Agreement, and any uncertainty or ambiguity shall not be interpreted against one or more parties. 2. ACCEPTANCE OF WORK The City of Fairhope will be deemed to have accepted the Work after the City of Fairhope agrees the Work is completed by signature on delivery or service tickets. In the event Work furnished under the Contract / Agreement / Purchase Order is found to be defective or does not conform to the intent of the Contract / Agreement / Purchase Order, the awarded vendor shall, after receipt of notice from the City of Fairhope, correct the deficiencies. Failure on the part of the awarded vendor to properly correct the deficiencies within the time period allowed will constitute the City of Fairhope’s right to cancel the Contract / Agreement / Purchase Order immediately, upon written notice to the awarded vendor. 3. ADDENDA All Addenda are part of the Contract Documents. Include resultant costs in the Bid. Addenda will be issued by email to all Bidders on record and posted to the City of Fairhope website www.FairhopeAL.gov. It is the responsibility of the bidder to verify that all addenda have been received, and to include all signed addenda in the bid submission 4. ADDITIONAL ORDERS Unless it is specifically stated to the contrary in the bid response, the City of Fairhope reserves the option to place additional orders against a contract awarded as a result of this solicitation at the same terms and conditions; to extend the renewal date until a new bid is in place, if it is mutually agreeable. 5. APPLICABLE LAW This Agreement is deemed to be under and shall be governed by and construed according to the laws of the State of Alabama. Any litigation arising out of the Agreement shall be heard in the Courts of Baldwin County, Alabama. 6. ASSIGNMENT The awarded vendor shall not assign the Contract / Agreement /Purchase Order or sublet it as a whole without the express written permission of the City of Fairhope. The awarded vendor shall not assign any payment due them hereunder, without the express written permission of City of Fairhope. The City of Fairhope may assign the Contract / Agreement / Purchase Order, or sublet it as a whole, without the consent of the awarded vendor. 7. ASSURANCE OF NON-CONVICTION OF BRIBERY The bidder hereby declares and affirms that, to its best knowledge, none of its officers, directors, or partners and none of its employees directly involved in obtaining contracts has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or Federal government. ATTACHMENT B Page 385 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 8. AWARD CONSIDERATION The following factors will be considered in determining the lowest responsible bidder: Overall quality, Conformity with specifications both general and specific, Purposes for which materials or services are required, Delivery dates and time required for delivery, Unit acquisition cost, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable. 9. AWARD OR REJECTION OF BIDS The Bid will be awarded to the lowest responsible bidder complying with conditions of the invitation for bids, provided his bid is reasonable and it is in the interest of the City of Fairhope to accept it. The bidder to whom the award is made will be notified at the earliest possible date. The City of Fairhope, however, reserves the right to reject any and all bids and to waiver any informality in bids received whenever such rejection or waiver is in the interest to the City of Fairhope. 10. BACK ORDERS If it is necessary to back order any items, the vendor must notify the Purchasing Department and advice as to the expected shipping or delivery date. If this date is not acceptable, the City of Fairhope may seek remedies for default. 11. BID AND PERFORMANCE SECURITY If bid security is required, a bid bond or cashier’s check in the amount indicated on the bid cover must accompany the bid and be made payable to The City of Fairhope of Baldwin County, AL. Corporate or certified checks are not acceptable. Bonds must be in a form satisfactory to the City and underwritten by a company licensed to issue bonds in the State of Alabama. If bid security fails to accompany the bid, it shall be deemed unresponsive, unless the Purchasing Manager deems the failure to be non-substantial. All checks will be returned to the bidders after the contract has been approved. If a performance bond is required, the successful bidder will be notified after the awarding of the contract. 12. BRAND NAMES Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Bids on equivalent items meeting the standards of quality thereby indicated will be considered, providing the bid clearly describes the article offered and indicates how it differs from the referenced brands. Descriptive literature or manufacturers specifications plus any supplemental information necessary for comparison purposes should be submitted with the bid or the bid on that item may be rejected. Reference to literature submitted with a previous bid or on file with the Division of Purchasing will not satisfy this requirement. The burden is on the bidder to demonstrate that the item bid is equivalent to the item specified in the ITB. Bids without sufficient documentation to fully support equality, may be considered non-responsive. Reference by the City of Fairhope in the ITB to available existing specifications shall be sufficient to make the terms of such specifications binding on the bidder. Unless the bidder specifies otherwise in its bid, it is understood the bidder is offering a referenced brand item as specified in the ITB or is bidding as specified when no brand is referenced. Failure to examine drawings, specifications and instructions will be at the bidder's risk. 13. BUSINESS LICENSE The vendor selected to enter into a Contract / Agreement with the City of Fairhope must be licensed to do business in the City of Fairhope prior to commencement of any work under the contract. Delivery of goods or services to the City of Fairhope by Purchase Order have detailed and varied Business License requirements. In all instances that require a business license. Awarded vendor will provide proof of possessing a current City of Fairhope Business License. Prospective bidders will not be required to possess a City of Fairhope Business License prior to award. 14. CANCELLATION OF / CONTRACT / AGREEMENT / PURCHASE ORDER / LEASE A purchase order can be canceled in whole or in part when awarded vendor fails to deliver or perform as specified. Cancellation of a purchase order can only be made by a written purchase order change (POC) from the City of Fairhope. A term contract, lease or agreement can be canceled by the City of Fairhope, for justifiable cause, or convenience, by written notice. ATTACHMENT B Page 386 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 15. CERTIFICATION PURSUANT TO ACT NO. 2006-557 Alabama law (section 41-4-116, code of Alabama 1975) provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. By submitting this bid, the bidder is hereby certifying that they are in full compliance with act no. 2006-557, they are not barred from bidding or entering into a contract pursuant to 41-4-116, and acknowledges that the awarding authority may declare the contract void if the certification is false. All corporations must register to do business in Alabama with the Office of the Secretary of State. Their address is: Office of the Secretary of State P.O. Box 5616 Montgomery, AL 36103 (334) 242-5324 Fax: (334) 240-3138 http://www.sos.state.al.us/index.aspx The Foreign Corporation form is online at http://www.sos.state.al.us/downloads/dl1.cfm. 16. COST OF REMEDYING DEFECTS All defects, indirect and consequential costs of correcting, removing, or replacing any or all of the defective materials or equipment will be charged against the awarded vendor. 17. DELIVERY OF BID Bids must be received in the Purchasing Office by the date and time specified on the bid cover. All bids will be accepted until the time and date stated on the bid cover. No bids will be accepted that extend past the time and date on the bid cover. The time of receipt shall be determined by the time clock stamp in the Purchasing Department. Bids submitted by U.S. Mail must be received by the City of Fairhope of Baldwin County, Alabama, in the City of Fairhope offices, 555 South Section St., Fairhope, Al., unless otherwise specified. 18. DELIVERY The number of calendar days required for delivery after receipt of a purchase order shall be stated in the RFQ / ITB / RFP and /or Purchase Orders. When no time is stated in the document, the time shall be fourteen (14) calendar days after receipt of order. If a shipment is not made within the time period specified, the Purchase Order may be canceled. 19. ENVIRONMENTAL REQUIREMENTS All products will be clearly labeled for their intended use. Each delivery of product or materials will include a Material Safety Data Sheet (MSDS) for all materials that require an MSDS. All manufacturers/distributors of hazardous substances, including any of the items listed on this bid/quote/ contract and subsequent award must include completed material safety data sheet (MSDS) for each hazardous material. Additionally, each container of hazardous materials must be appropriately labeled with: a) The identity of the hazardous material, b) Appropriate hazard warnings, and manufacturer, importer, or other responsible party. 20. EQUIPMENT DEMONSTRATION The City of Fairhope may require equipment/ product materials or service techniques to be demonstrated at a time, date, and location to be specified by the City of Fairhope. 21. EQUIPMENT ELECTRICAL CERTIFICATION All electrical equipment purchased shall conform to, and be identified in, the applicable standard(s), or otherwise be certified as applicable, as of the bid opening date and time, by Underwriters Laboratories, Inc., or other recognized laboratory facility. Bidder must provide satisfactory documentation with returned bid that all such equipment meets the applicable product standard or has otherwise been certified as outlined above. Unless indicated in the bid document, the above certification shall apply to the equipment itself, not the individual components of that equipment. 22. ERRORS IN BID Bidders are assumed to be informed regarding conditions, requirements, and specifications prior to submitting bids. Failure to do so will be at the bidder’s risk. Bids already submitted may be withdrawn without penalty prior to bid opening. Errors discovered after the bid opening may not be corrected. ATTACHMENT B Page 387 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 23. FORCE MAJEURE Neither the City nor the awarded vendor shall be deemed in breach of any contract / Purchase Order or Agreement which may result from this proposal submission if it is prevented from performing any of the obligations hereunder by reason of Acts of God, acts of the public enemy, acts of superior governmental authority, strikes or labor disputes, floods, riots, rebellion, sabotage, or any similar other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other immediately in writing of the cause of such after the beginning period thereof. The awarded vendor may request cancellation and the City of Fairhope may grant the request if performance is prevented by any of the above referenced causes, or other unavoidable circumstances not attributable to the fault or negligence of the vendor. The burden of proof for such relief rests with the vendor. All correspondence pertaining to cancellation of a purchase order or term contract must be addressed to the City of Fairhope Purchasing Manager. 24. HAZARDOUS AND TOXIC SUBSTANCES Bidder must comply with all applicable Federal, State, County and City laws, ordinances and regulations relating to hazardous and toxic substances, including such laws, ordinances and regulations pertaining to information hazardous and toxic substances, and as amended from time to time. Bidder shall provide the City of Fairhope with a “Material Safety Data Sheet” for all goods that carry one. 25. INDEMNITY Indemnity: The awarded vendor hereby agrees to indemnify and save harmless the City of Fairhope, its officers, agent, and employees, from and against any and all liabilities, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including reasonable attorney fees for trial and on appeal, of any kind and nature, arising or growing out of, or in any way connected with the performance of this Contract / Agreement / Purchase Order, to the extent caused by a negligent act or omission of the awarded vendor, their agents, servants, employees, Subcontractors, or others associated with the awarded vendor. The awarded vendor shall be responsible for damage to any equipment excluded from this agreement, or damage or injury caused by any equipment excluded from this agreement, only to the extent that the damage or injury is caused by a negligent act or omission of the awarded vendor or caused by failure of the awarded vendor’s supplied product to perform as specified. 26. INSPECTION All materials, workmanship, equipment, and supplies are subject to inspection and test at any source or time. Final inspection, acceptance or rejection will be made at delivery destination. Goods that do not meet specifications will be rejected unless substitutions have been approved by the City of Fairhope. Failure to inspect or to reject upon receipt, however, does not relieve the awarded vendor of liability. When subsequent tests, after receipt, are conducted and when such tests reveal a failure to meet specifications, the City of Fairhope will reject the goods and the awarded vendor shall immediately supply goods meeting specifications or the City of Fairhope may seek damages including but not limited to the testing expense, regardless of whether a part of or all of the goods have been consumed through the testing process. Rejected goods shall be removed by the awarded vendor promptly after rejection, at his expense. If not removed in fourteen (14) calendar days, they may be disposed of at the discretion of the City of Fairhope. Disposal costs will be the awarded vendor’s responsibility. ATTACHMENT B Page 388 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 27. INSPECTION OF PREMISES At reasonable times, the City may inspect those areas of the awarded vendor’s place of business that are related to the performance of a Contract / Agreement / Purchase Order. If the City makes such an inspection, the awarded vendor must provide reasonable assistance. The City of Fairhope reserves the right on demand and without notice all the vendor’s files associated with a subsequent Contract / Agreement / Purchase Order where payments are based on the awarded vendor’s record of time, salaries, materials, or actual expenses. This same clause will apply to any subcontractors assigned to the Contract / Agreement / Purchase Order. 28. INSURANCE If a Contract / Agreement / Purchase Order results from this RFQ /ITB /RFP, or other form of solicitation, the awarded vendor shall maintain such insurance as will indemnify and hold harmless the City of Fairhope from Workmen’s Compensation and Public Liability claims from property damage and personal injury, including death, which may arise from the awarded vendor’s operations under this Contract / Agreement / Purchase Order, or by anyone directly or indirectly employed by him/her. 29. INVITATION TO BID Any provisions made in the RFQ / ITB / RFP, or other form of solicitation, supersedes any provisions outlined here in the General Terms and Conditions. 30. INVOICING, DELIVERY, PACKAGING Invoices shall be prepared only after ordered materials have been delivered. All invoices must show the purchase order number. Unless otherwise specified in writing, vendors shall not ship any material without an authorized Purchase Order from the City of Fairhope Purchasing Department. All packages delivered must show the purchase order number. The awarded vendor will be required to furnish all materials, equipment and/or service called for at the bid price quoted. In the event the awarded vendor fails to deliver within a reasonable period of time, as determined by the City of Fairhope, the right is reserved to cancel the award and subsequent purchase order and purchase from the next lowest responsible bidder the items needed. The original awarded vendor will be back charged the difference between the original contract price and the price the City of Fairhope has to pay as a result of the failure to perform by the original awarded vendor. All bids will remain firm for acceptance for 60 days from the date of bid opening. Prices shall be net F.O.B., Prepaid and Allow, City of Fairhope chosen site, Baldwin County, Al. The title and risk of loss of the goods will not pass to the City of Fairhope until receipt and acceptance takes place at the F.O.B. point. 31. LABELING Individual shipping cartons shall be labeled with the name “City of Fairhope”, Purchase Order Number, and where applicable, Contract Number, date of manufacture, batch number, storage requirements, conditions, and recommended shelf life. Bidders are encouraged to offer product packaging with recycled content. ATTACHMENT B Page 389 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 32. LOSS OR DAMAGE IN TRANSIT Delivery by a vendor to a common carrier does not constitute delivery to the City of Fairhope. Any claim for loss or damage incurred during delivery shall be between the vendor and the carrier. The City of Fairhope accepts title only after satisfactory receipt at the delivery point. The City of Fairhope shall note all visible damages on the freight bill and may refuse the damaged goods. The vendor shall make immediate replacement of the damaged merchandise or be subject to damages for breach of contract. If damage is to a small portion of a total shipment and the City of Fairhope will not be inconvenienced because of the shortage, the vendor may be permitted by the Purchasing Manager to deduct the amount of damage or loss from its invoice, in lieu of replacement. Risk of loss during delivery is borne by the vendor until the goods have been accepted by the City of Fairhope, unless otherwise specified in the RFQ / ITB / RFP or other form of solicitation. 33. MANDATORY SITE VISIT If the RFQ / ITB /RFP or other form of solicitation requires a mandatory site visit, bidders must inspect the site where installation or service is to take place to obtain a full understanding of scope of work outlined therein. Date of site visit will be determined by the City of Fairhope. 34 MONITORING OF SERVICES Performance of services will be monitored by the requisitioning department and/or the Purchasing Department, and evaluation reports may be filed with the Purchasing Department. Performance not meeting specifications will result in cancellation of Contract / Agreement / Purchase Order and may result in vendor being removed from the vendor list. 35. NONCONFORMING MERCHANDISE When merchandise received from the lowest responsible bidder is not in accordance with the purchase order, it will be returned to the bidder, at bidder's expense. 36. NON-DESCRIMINATION The City of Fairhope is an Equal Opportunity Employer and requires that all contractors comply with the Equal Employment Opportunity laws and the provisions of the Contract / Agreement / Purchase Order documents in this regard. The City also encourages and supports the utilization of Minority Business Enterprises on this and all public bids. 37. NON-EXCLUSIVE Unless otherwise specified, this Contract / Agreement / Purchase Order is considered a non-exclusive Contract /Agreement / Purchase Order between the parties. 38. NOTIFICATION AND ACCIDENT REPORTS In the event of accidents of any kind, in the performance of a Contract / Agreement / Purchase Order, the awarded vendor shall notify the City of Fairhope immediately and furnish, without delay, copies of all such accident reports to the City of Fairhope. If in the performance of their Work, the awarded vendor fails to immediately report an accident to the City of Fairhope, of which the awarded vendor has knowledge of and which results in a fine levied against the City of Fairhope then the awarded vendor shall be responsible for all fines levied against the City of Fairhope. 39. PACKAGING All goods must be packaged in new packing containers. Packing that meets the requirements of common carriers is acceptable, unless otherwise required. A packing slip or invoice must accompany all shipments and must reference the purchase order number. Unless otherwise specified, goods are to be packaged in cartons meeting federal specifications and shipped on non-returnable pallets. 40. PATENTS Awarded Vendor guarantees that the sale and / or use of goods will not infringe upon any U.S. or foreign patent. Awarded vendor will at his / her own expense, indemnify, protect and save harmless the City of Fairhope, on any patent claims arising from the purchase of goods or services. 41. PAYMENT Invoices -- Upon completion of service and delivery of materials specified in the applicable Contract / Agreement / Purchase Order, awarded vendor will submit an invoice and signed delivery ticket to: City of Fairhope Accounts Payable Department P.O. Box 429 Fairhope, Al. 36533 All invoices must reference appropriate Purchase Order Numbers Payment of Invoice: All invoices received by the City of Fairhope are payable within thirty (30) days from the date of receipt by the City of Fairhope, provided they are approved by the City of Fairhope. ATTACHMENT B Page 390 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 42. PAYMENT WITHHELD Payment may be withheld until all items have been delivered and all requirements of the Contract / Agreement / Purchase Order have been fulfilled 43. PRODUCT TESTING Vendor shall incur all cost involved in obtaining an Independent Laboratory Test if the City deems necessary during the term of the Contract / Agreement / Purchase Order. The City of Fairhope reserves the right to request a demonstration of any and all items bid before making the award. 44. PERMITS LICENSES AND CERTIFICATES The awarded vendor is to procure all permits, licenses, and certificates, or any approvals of plans or specifications as may be required by Federal, State, Local Laws, ordinances, rules, and regulations, for the proper execution and completion of Work covered under the Contract / Agreement / Purchase Order. 45. PREPARATION OF BID All bids / proposals shall be typewritten or in ink on the form(s) prepared by the City of Fairhope. Bids / proposals prepared in pencil will not be accepted. All bids / proposals must be signed by officials of the corporation or company duly authorized to sign bids / proposals. Any bid / proposal submitted without being signed will automatically be rejected. All corrections or erasures shall be initialed and dated by the person authorized to sign quotations /bids / proposals. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. 46. QUESTIONS / CONTACT Commencing with the issuance of the RFQ / ITB / RFP, or other form of solicitation, no vendor or anyone acting on a vendor’s behalf, shall make direct or indirect contact with City personnel or undertake any activities or take any action to otherwise promote its quotation / bid / proposal to the City or its personnel. All communications shall be made to the contact identified in the quotation / bid / proposal documents. Violation of this requirement may, at the City’s sole and absolute discretion, be grounds for disqualifying a vendor from further consideration. 47. RECEIPT BY CITY OF FAIRHOPE If not otherwise stated in the order, the City of Fairhope will be said to have received goods when they have been delivered, unloaded, and placed on the agency's dock or if there is no dock, inside an accessible building, and signed for by an authorized City employee. Shipments will be checked against the receiving copy of the Purchase Order. If the purchase order requires grading certificates, USDA Stamps, or any proof of quality, such proof must accompany the shipment. 48. REJECTION OF BIDS The City of Fairhope reserves the right to accept or reject any or all bids in whole or in part for any reason, to waive technicalities or informalities, or to advertise for new proposals, if, in the judgment of the awarding authority, the best interest of the City of Fairhope will be promoted thereby. Bidders may be disqualified and rejection of proposals may be recommended for any of (but not limited to) the following causes: Failure to use the bid forms furnished by the City of Fairhope, Lack of signature by an authorized representative on the bid form, Failure to properly complete the bid form and vendor compliance, Evidence of collusion among bidders, Unauthorized alteration of the bid form. 49. RIGHT TO AUDIT The awarded vendor shall maintain documentation of all work performed. The awarded vendor shall make any and all documentation available to the City of Fairhope at all reasonable times, for inspections and audit by the City of Fairhope for a period of Three (3) years after expiration of the Contract / Agreement / Purchase Order. 50. SAMPLES Bidders will not be required to furnish samples at the time of bid opening, unless specifically called for. The City of Fairhope reserves the right to request samples after bid opening to assist in the evaluation of proposals submitted. 51. SAFETY MEASURES The awarded vendor shall take all necessary precautions for the safety of the City of Fairhope’s and awarded vendor’s employees at the Work site, and shall erect and properly maintain at all times, all necessary safeguards for the protection of the workmen and the public. The awarded vendor shall post signs warning against hazards in and around the Work site. ATTACHMENT B Page 391 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 52. SET-UP AND INSTALLATION Unless otherwise specified, bid / quotation to include cost of all uncrating, disposal of shipping materials, set-up, testing and initial instruction to agency personnel. 53. SPILL CLEAN UP The awarded vendor shall be responsible for spillage caused by their negligence, which occurs during transit or unloading operations. The awarded vendor shall immediately report and clean up any spillage. Upon failure to do so, the awarded vendor shall remain responsible for all actual related costs. 54. SUBSTITUTIONS Substitutions on a purchase order shall require the approval of the Originating Buyer. The City of Fairhope reserves the right to reject at destination and hold at the vendor's risk and expense any goods supplied by the vendor which do not conform to the specification or description embodied in the order or are inferior in any respect to the good specified. Any good bought by sample which is inferior in quality to the sample submitted by vendor will be rejected. Any goods delivered that do not meet specifications may be returned to the vendor at its expense. When a good is returned, the vendor must make immediate replacement with acceptable merchandise, or the City of Fairhope may seek remedies for default. 55. TABULATION Bid results are posted on The City of Fairhope’s web site: www.FairhopeAL.gov. The awarded vendor will be sent a written notification. 56. TAXES Prices quoted shall be delivered prices, exclusive of all federal or state excise, sales, and manufacturer’s taxes. The City will assume no transportation or handling charges other than specified in the RFQ, ITB, RFP or other form of solicitation. The City is tax exempt by law – Code of Alabama 1975. 57. TERMINATION FOR CONVENIENCE Any Contract / Agreement / Purchase Order may be terminated for convenience by the City of Fairhope, in whole or in part, by written notification to the awarded vendor. 58. TERMINATION FOR DEFAULT Performance of Work under the Contract / Agreement / Purchase Order Agreement may be terminated by the City of Fairhope, in whole or in part, in writing, whenever the City of Fairhope determines that the awarded vendor has failed to meet the requirements of the Contract / Agreement / Purchase Order. 59. TERMINATION FOR NON-APPROPRIATION Termination for Non-appropriation – The continuation of any financial obligation beyond the current fiscal year is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and/or federal sources. The City of Fairhope may terminate any financial obligation, and awarded vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the City of Fairhope’s funding from local, State and/or federal sources is not appropriated, withdrawn or limited. 60. TIME IS OF THE ESSENCE The City of Fairhope and awarded vendor agree that time is of the essence in the performance of work called for under this Contract / Agreement / Purchase Order. The awarded vendor agrees that all work will be accomplished regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within reasonable time periods. 61. TITLE All titles, fees, as well as other charges, are to be paid by awarded vendor. Awarded vendor is to furnish prepaid certificate of title in the name of the City of Fairhope, Title shall change upon acceptance of delivery at the City of Fairhope approved delivery location. 62. VENDOR LIST A vendor may be removed from the City of Fairhope’s Bidders List if a vendor fails to respond to three (3) consecutive ITB’s. A properly submitted “No Bid” is considered as a response and the vendor will receive credit for the response. ATTACHMENT B Page 392 of 481 161 North Section Street / PO Drawer 429 / Fairhope, Alabama 36533 251.928.2136 (p) / 251.928.6776 (f) / www.FairhopeAL.gov COF-003 092721 63. WARRANTY The awarded vendor expressly warrants that all articles, materials, and work offered shall conform to each and every specification, drawing, sample, or other description which is furnished to or adopted by the City of Fairhope, and that it will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, and free from defects. The awarded vendor further warrants all items for a period of one year, unless otherwise stated, from the date of acceptance of the items delivered and installed or work completed. All repairs, replacements, or adjustments during the warranty period will be at the awarded vendor’s sole expense. Awarded vendor will provide written warranty for all parts and labor for a period of (1) one year commencing from date of written acceptance of delivery by City of Fairhope. Awarded vendor will provide written copies of all other applicable warranties, such as, Manufacturer’s warranty. Those warranties, if any, will be in addition to the awarded vendor’s warranty, and the terms of which will not be altered by the awarded vendor’s warranty. 64. IMMIGRATION LAW The Contractor agrees that it shall comply with all of the requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011- 535, Alabama Code (1975) Section 31-13-1, et. Seq., (also known as the Alabama Immigration Act) see Section 31-13-9, and the provisions of said Act, including all penalties for violation thereof, are incorporated herein. ATTACHMENT B Page 393 of 481 ITEM VIII ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS 1.0 Background The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No 2011-535, as amended by Act No 2012-491, Code of Alabama (1975) Section 31-13-1 through Section 31-13-30 (also known as and hereinafter referred to as “the Alabama Immigration Act”) is applicable to CONTRACTs with the City of Fairhope, Alabama. All business entities entering into CONTRACTs with the City of Fairhope, Alabama will comply with the Alabama Immigration Act. 2.0 Definitions ALIEN. Any person who is not a citizen or national of the United States, as described in 8 U.S.C. § 1101, et seq., and any amendments thereto. BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. Business entity shall include but not be limited to the following: a. Self-employed individuals, business entities filling articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign liability companies authorized to transact business in this state, business trusts, and any business entity that registers with the Secretary of State. b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state, any business entity that is exempt by law from obtaining such a business license, an any business entity that is operating unlawfully without a business license. CONTRACTOR. A person, employer, or business entity that enters into a CONTRACT to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include, but not be limited to, a general CONTRACTOR, SUB-CONTRACTOR, independent CONTRACTOR, CONTRACT employee, project manager, or a recruiting or staffing entity. EMPLOYEE. Any person directed, allowed, or permitted to perform labor or service of any kind by an employer. The employees of an independent CONTRACTOR working for a business entity shall not be regarded as the employees of the business entity, for the purposes of this chapter. This term does not include any inmate in the legal custody of the state, a county, or a municipality. EMPLOYER. Any person, firm, corporation, partnership, joint stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household. E-VERIFY. The electronic verification of federal employment authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208, Division c, Section 403 (a); 8 U.S.C. §1324(a) and operated by the United States Department of Homeland Security, or its successor program. STATE-FUNDED ENTITY. Any governmental entity of the state or a political subdivision thereof or any other entity that receives any monies from the state or a political subdivision thereof; provided, however, an entity that merely provides a service or a product to any governmental entity of the state or a political subdivision thereof, and receives compensation for the same, shall not be considered a state-funded entity. ATTACHMENT B Page 394 of 481 SUB-CONTRACTOR. A person, business entity, or employer who is awarded a portion of an existing CONTRACT by a CONTRACTOR, regardless of its tier. UNAUTHORIZED ALIEN. An alien who is not authorized to work in the United States as defined in 8 U.S.C. § 1324a (h) (3) . 3.0 Mandatory Clause All CONTRACTS or CONTRACTS to which the state, a political subdivision, or state-funded entity are a party shall include the following clause: "By signing this CONTRACT, the CONTRACTING parties affirm, for the duration of the CONTRACT, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a CONTRACTING party found to be in violation of this provision shall be deemed in breach of the CONTRACT and shall be responsible for all damages resulting therefrom." For purposes of this section, "CONTRACT" shall mean a CONTRACT awarded by the state, any political subdivision thereof, or any state-funded entity that was competitively bid or would, if entered into by the state or an agency thereof, be required to be submitted to the CONTRACT Review Permanent Legislative Oversight Committee. 4.0 CONTRACTs Involving Business Entity, or Employer As a condition for the award of any CONTRACT, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. As a condition for the award of any CONTRACT, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees within the state of Alabama, the business entity or employer shall provide documentation establishing that the business entity or employer is enrolled in the E-Verify program. During the performance of the CONTRACT, the business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. 5.0 CONTRACTS Involving Subcontracting Any SUB-CONTRACTOR on a project paid for by CONTRACT, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama and shall also enroll in the E- Verify program prior to performing any work on the project. Furthermore, during the performance of the CONTRACT, the SUB-CONTRACTOR shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. This subsection shall only apply to SUB-BIDDERS performing work on a project subject to the provisions of this section and not to collateral persons or business entities hired by the SUB -CONTRACTOR. 6.0 Proof of E-Verify documentation will be in the form of a copy of the signed Memorandum Of Understanding (MOU) generated upon completion of the E-Verify program. END OF ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS ATTACHMENT B Page 395 of 481 ITEM IX INVITATION SUMMARY Bid No. 25-015 Beverage Vending and Concession Annual Contract – Three Years Bid Name: BID 25-015 Beverage Vending and Concession Annual Contract – Three Years Issue Date: December 6, 2024 Certificate of Insurance Requirements: See Item V Deadline for Questions Date: Monday, January 6, 2025, 11:00 A.M. Bid Due Date: Thursday, January 9, 2025, 10:00 A.M. City Internet Site: www.FairhopeAL.gov SEALED Bid Response Copies to submit: One (1) Paper Original Purchasing Department Contact for questions: Purchasing@FairhopeAL.gov (251) 928-8003 END OF INVITATION SUMMARY ATTACHMENT B Page 396 of 481 ATTACHMENT A Current Vending Machine Locations Location # of Machines Recreation Center 2 City Pool 1 City Hall 1 City Services and Public Utilities 1 Stimpson Park 1 Mike Ford Tennis Center 1 Police Station 1 Wastewater Treatment Plant 1 Aviation Academy 1 Fairhope Docks 1 Current Concession Locations A. Fairhope Municipal Park including: Stadium, High School Baseball, Youth Baseball, and Pool B. Founders Park including: Youth Softball, Youth Soccer, and High School Softball C. Barnwell Park including: Youth Football and Adult Softball D. Quail Creek Golf Course E. Fairhope Soccer Complex ATTACHMENT B Page 397 of 481 December 18, 2024 Addendum 1 Bid No. 25-015 Beverage Vending and Concession Annual Contract – Three Years Addendum 1 contains questions and answers submitted via email. This bid will be opened at the City of Fairhope’s City Services and Public Utilities Building, 555 South Section Street, Fairhope, AL 36532 at 10:00 AM on Thursday, January 9, 2025. Vendors shall acknowledge this Addendum 1 on their submitted Bid Response Form. Questions Submitted Via Email: 1.For us to be able to put together our best bid we need to have pricing by package for both the vending and concession areas. A.Listed below is the contract pricing for Bid No. 006-21 Beverage Vending and Concession 2021 – Three Years. Unit Description Unit Price Price for 24 Units 7.5 oz Can Soft Drink $0.32 $7.75 12 oz Can Soft Drink $0.38 $9.00 12 oz Plastic Bottle Soft Drink $0.67 $16.00 12 oz Plastic Bottle Name Brand Water $0.38 $9.00 20 oz Plastic Bottle Soft Drink $0.71 $17.00 20 oz Plastic Bottle Name Brand Water $0.46 $11.00 20 oz Plastic Bottle Sports Drink $0.71 $17.00 Per Gallon 2.5 gal Bag -in -a -Box Syrup $20.14 3.0 gal Bag -in -a -Box Syrup NO BID 5.0 gal Bag -in -a -Box Syrup $20.03 Each CO₂ Deposits $27.80 CO₂ Canisters $65.00 Vending Machine Franchise 20% of Gross Receipts ATTACHMENT B Page 398 of 481 January 3, 2025 Addendum 2 Bid No. 25-015 Beverage Vending and Concession Annual Contract – Three Years Addendum 2 contains questions and answers submitted via email. This bid will be opened at the City of Fairhope’s City Services and Public Utilities Building, 555 South Section Street, Fairhope, AL 36532 at 10:00 AM on Thursday, January 9, 2025. Vendors shall acknowledge this Addendum 1 on their submitted Bid Response Form. Questions Submitted Via Email: 1.I was following up on the volume for the locations. I do not see any volume in this attachment (Addendum 1). A.Quail Creek Golf Course purchased $8,164.00 from 10/04/2023 to 9/30/2024. The purchases for the concessions locations in Section 9.3 are done by sports groups using those facilities. The current vendor honors the City of Fairhope contract prices for those groups. The City does not have record of that volume. The vending machines are provided through a franchise agreement. The gross receipts cannot be disclosed because they are not public record per the State of Alabama Taxpayers Bill of Rights. ATTACHMENT B Page 399 of 481 City of Fairhope – Franchise Agreement Page 1 of 9 ATTACHMENT B FRANCHISE AGREEMENT This Agreement is made and entered into by and between the City of Fairhope, Alabama (“City”) a municipal corporation and ______________________________, (“Grantee”). RECITALS Grantee is a sole proprietor with a principal place of business at _________________________, Fairhope, AL 36532. Grantee is engaged in the business of _______________________________________to the public. Grantee proposes to install and operate _____________________________ at the ___________________________. Grantee requests that the City grant to Grantee a franchise to install, maintain and operate this business on public property at the _____________________________. In consideration of the mutual covenants, promises and conditions set forth herein the parties agree as follows: SECTION 1 Section 1.1 DEFINITIONS Unless otherwise specially provided, or unless clearly required by the context, the words and phrases defined in this section shall have the following meanings when used in this Ordinance and Franchise Agreement: (1) MAYOR: Shall mean the Mayor of the City of Fairhope (2) COUNCIL: Shall mean the City Council of Fairhope, the governing body of City of Fairhope, Alabama. (3) CITY: Shall mean City of Fairhope, Alabama, which is governed by the Fairhope City Council. (4) FRANCHISE: Shall mean the franchise granted under the provisions of the Ala. Code §11-40-1, et seq., which authorizes municipalities to contract and to be contracted with. A “franchise” as used in this agreement is a special privilege not belonging to the citizens by common right but conferred by a municipality upon an individual or corporation. (5) GRANTEE: Shall mean _______________________ to whom a franchise has been granted by the City or anyone who succeeds _____________________________, in accordance with the provisions of the franchise. Page 400 of 481 City of Fairhope – Franchise Agreement Page 2 of 9 (6) GROSS REVENUES: Shall mean all revenues received by the Grantee from or in connection with the operation of the franchise to provide services in the City of Fairhope pursuant to this franchise agreement. (7) PERSON: Shall mean an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (8) SERVICE AREA: Shall mean the geographical area within City of Fairhope and specifically defined as follows: __________________________. Section 1.2 REQUIREMENTS FOR FRANCHISE A Franchise Agreement is entered into when the person is using public property to conduct a business but is not leasing said public property. (a) No person shall engage in the construction, operation, or maintenance of a private business on public property in the City unless such person or the person for whom such action is being taken shall hold a valid franchise granted by the City. (b) Any franchise granted by the City pursuant to these rules and regulations shall not be deemed to be an exclusive right of permission. The City expressly reserves the right to grant similar nonexclusive franchises to other persons. (c) In the event the City enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than the Grantee to enter into the City’s Public Rights-of-way or public property for the purpose of operating a private business on public property in any part of the City, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. (d) No franchise shall be granted by the City in the Central Business District located in downtown Fairhope. (e) No franchise shall be granted by the City to any food vendor who does not show proof of ServSafe certification. (f) No franchise shall be granted by the City to any vendor requiring a running water supply for personal sanitary purposes and/or for cleaning equipment used in the preparation of his/her product unless water supply is provided and metered by the City. (g) Food franchises shall meet all Alabama Health Department regulations and show proof thereof. (h) No franchise shall be granted by the City to any vendor who has electrical requirements without securing metered power from the City or, if applicable, having a generator to supply the power required; generator shall meet City of Fairhope noise ordinances. Page 401 of 481 City of Fairhope – Franchise Agreement Page 3 of 9 Section 1.3 TERM OF FRANCHISE, RENEWAL (a) The duration of this franchise agreement granted pursuant to this Ordinance shall be for one year and shall be renewed automatically each year for three years unless notice of termination is given in writing to the other party at least 60 days prior to the expiration of the then current term. This Agreement shall commence 10 days after approved by the City Council. Section 1.4 ENFORCEMENT OF FRANCHISE (a) A Grantee shall not be excused from complying with any of the terms or conditions of the franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. (b) Whenever the City shall set forth any time for any action to be performed by or on behalf of Grantee, said time shall be deemed of the essence and any failure of Grantee to perform with in the time allotted shall be sufficient grounds for the City to revoke the franchise. (c) A Grantee agrees by filing an application for a franchise that they will not assert, at any time, in any claim or proceeding that any condition or term of the franchise is unreasonable, arbitrary or void or that the City had no power or authority to make such term or conditions, but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. Section 1.5 CONFLICT WITH LAWS (a) Whenever any law of the State of Alabama or of the United States, or of any agency of either, shall be in direct conflict with and supersede any provision of these rules and regulations, then for so long as such state or federal law or regulation shall be in force and effect, any affected provisions of this franchise granted hereunder shall be suspended and be of no force and effect and the Grantee shall not be required to comply with such provision; however, the validity of the remaining portions or provisions shall not be affected thereby. In the event this franchise imposes burdens different than those imposed by any other law, but within the power of the City to impose said burdens, the more restrictive provision shall apply. (b) If any section, sentence, clause or phrase of these rules and regulations or of any franchise granted hereunder is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portion of these rules and regulations or a of any franchise granted hereunder. SECTION 2 Section 2.1 PROCEDURE FOR GRANTING FRANCHISE Page 402 of 481 City of Fairhope – Franchise Agreement Page 4 of 9 (a) Any person desiring a franchise shall apply to the City for such a grant. The application for a franchise shall be in writing, in the form approved by and containing such information as required by the City and must be accompanied by a nonrefundable application fee of $150.00 by cashier’s check, certified check or money order payable to City of Fairhope. This is a separate fee from the Franchise fee. (b) Upon receipt of said franchise application, the City shall provide notice of said application and conduct a public hearing to determine if the grant of the franchise would be in the best interest of the citizens of City of Fairhope. (c) The application shall contain a statement under oath that the applicant will comply with all legal, financial and technical provisions of these rules and regulations and any other municipal, state or federal regulatory agencies. (d) The application shall define the proposed service area of the applicant with specific time standards for the establishment of service to suit the service area. SECTION 3 Section 3.1 CONSTRUCTION AND INSTALLATION (a) After receipt of an initial franchise, a Grantee shall proceed with due diligence to install and begin operation of the franchise. (b) Failure on the part of the Grantee to commence and diligently pursue ________________________________ or failure to commence operation after 90 days from the commencement of this agreement shall be grounds for termination of the franchise. The City may extend the time for the commencement and completion of ______________________ for additional periods in the event the Grantee, acting in good faith, experiences delays by reasons of circumstances beyond her control. (d) The ________________________ shall be constructed and operated in accordance with all adopted City, state and national construction and electrical codes. Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY (a) Grantee shall not install or begin operation of the franchise business until the installation has been approved by the Mayor or his designee. (b) Grantee is designated a specific area in which Grantee may conduct business under this Franchise Agreement. (c) Business conducted from moving vehicles (i.e., ice cream trucks) do not require a Franchise Agreement to operate on City streets; however, any vehicle parked in one spot for longer than thirty (30) minutes and conducts business while parked, shall be required to enter into a Franchise Agreement. Violations may result in loss of City of Fairhope Business License. Page 403 of 481 City of Fairhope – Franchise Agreement Page 5 of 9 Section 3.3 OPERATION AND MAINTENANCE (a) The Grantee shall install and maintain ____________________________ in a prudent and reasonable manner. (b) Failures or malfunctions of the ______________________ shall be corrected by the Grantee promptly after notice of such failure or malfunction except or unless such failure or malfunction shall have been caused by storm, fire, lightening, explosion, civil unrest or other similar catastrophe. (c) The City shall, if it deems it necessary, have the right and privilege to inspect the installation, operation and maintenance of the _______________________ by the Grantee in order to satisfy itself as to the proper performance of the terms of this franchise agreement. SECTION 4 Section 4.1 FRANCHISE FEE (a) There shall be a franchise fee of twenty (20) percent of Gross Revenues; and the fee for the business license which is an annual license issued by the municipality for the privilege of doing any kind of business, trade, profession or other activity in the municipality, by whatever name called. (b) Grantee shall pay quarterly to the City during the life of the franchise a sum equal to twenty (20) percent of its gross revenues. Grantee shall file with the City on such form as prescribed by the City within sixty (60) days after the end of each quarterly a report, under oath at the risk of perjury, of the gross revenues for the preceding quarterly period, and shall, at the same time, pay to the City a sum equal to twenty (20) percent of the gross revenues for the said quarterly period. Section 4.2 INDEMNIFICATIONS (a) Grantee shall at his/her sole cost and expense fully indemnify, defend and save harmless the City, its officers, boards, and employees against any and all claims, demands, suits, actions, liability and judgments for damage arising out of the negligence or willful misconduct of the Grantee in the construction, operation and maintenance of the beverage vending franchise, and against all liabilities for damages by reason of, or arising out of, any failure by Grantee to safely operate and maintain the beverage vending franchise, including reasonable attorney’s fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount of comprehensive liability policy required hereunder. This indemnity shall not apply to damages occasioned solely and exclusively by acts of the City, its agents or employees. (b) Within thirty (30) days after the granting of the franchise and at all times during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with Page 404 of 481 City of Fairhope – Franchise Agreement Page 6 of 9 the City a Certificate of Insurance for such insurance coverage as set forth in Item V Insurance of the Bid No. 25-015. (c) All of the foregoing insurance certificates shall be in form satisfactory to the City and shall be issued and maintained by companies authorized to do business in the State of Alabama and acceptable to the City and they shall endeavor to provide thirty (30) days written notice of any cancellation or reduction in coverage to both the City and Grantee herein, and a copy of said certificates shall be filed with the City. Section 4.3 BOOKS/RECORDS OF GRANTEE (a) All books and records of a Grantee concerning its operations within the City necessary for the enforcement of the provisions of this franchise, shall be made available for inspection and audit upon demand by the City within thirty (30) days after any request for such inspection or audit has been made. Section 4.4 GRANTEE ACKNOWLEDGEMENT (a) Grantee is an independent contractor. No agency or employment relationship is created by this Franchise Agreement. SECTION 5 Section 5.1 SALE OR LEASE OF FRANCHISE (a) No transfer or control of the _______________________________, whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger, or any other form of disposition, shall occur or be considered valid without first giving prior notice and receiving the approval of the City. The notice shall include full identifying particulars of the proposed transaction. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the qualification of the prospective controlling party and the Grantee shall assist the City in any such inquiry. The City shall have one 60 days from the date the notice is received by the City within which to approve or disapprove, by resolution, the proposed transfer of control. The City will not unreasonably withhold its approval. (b) Approval of such transfer shall be expressly conditioned upon full compliance with the material terms of the franchise agreement and this Ordinance. The transferee shall agree in writing to comply with all provisions of this Ordinance and the franchise agreement. Section 5.2 REVOCATON OF FRANCHISE (1) Subject to the provisions of this section, the City reserves the right to revoke, at any time, any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that: Page 405 of 481 City of Fairhope – Franchise Agreement Page 7 of 9 (a) Grantee has not substantially complied with a material provision of this Ordinance, the franchise agreement, or of any supplemental written agreement entered into by and between the City and the Grantee; or (b) Grantee has made a material false statement in the application for the franchise, knowing it to be false, or Grantee commits a fraud in its conduct or relations under the franchise with the City; or (c) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or assignment for benefits of creditors, or is unable to pay its debts as they mature, unless the Grantee is in due process of contesting such debts; or (d) Grantee fails to substantially comply with a material provision of any federal or state statue, or of any material rules or regulations that govern telecommunications; or (e) Grantee exhibits a pattern of failing to comply with service standards as adopted herein or in the franchise agreement; or (f) Grantee fails to comply with any federal or state judgment arising directly from the exercise of Grantee’s rights under its franchise; or (g) Grantee fails to provide or maintain in full force and effect the bond and insurance policies required by this Ordinance and franchise agreement; or (h) Grantee assigns, sells or transfers its title or interest in its franchise without the consent of the City. (2) In the event that the City shall make a preliminary decision to revoke a franchise granted hereunder, it shall give the Grantee a minimum of thirty days written notice of its intention to terminate and stipulate cause. A public hearing shall be scheduled for the end of said 30-day period. If during said period, the cause shall be cured to the satisfaction of the City, the City shall declare the notice to be null and void. If the cause is not cured to the satisfaction of the City, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City in a public hearing in accordance with due process procedures. After the public hearing, if the City, by majority vote, determines that the franchise should be terminated, it shall issue a written decision containing its findings of fact and stating the specific grounds for termination. The decision to terminate a franchise shall be subject to judicial review as provided by law. (3) A Grantee shall not be declared in default or be subject to any sanction under any provision of this Ordinance and franchise agreement in any case where the City determines that the action justifying such sanction is without the Grantee’s knowledge or authorization or outside its control. Section 5.3 RIGHTS UPON REVOCATION OR NON-RENEWAL Page 406 of 481 City of Fairhope – Franchise Agreement Page 8 of 9 In the event the City determines that a franchise should not be renewed at its expiration or that a franchise should be revoked for cause as permitted hereunder, the Grantee shall be allowed three months from the date of such determination, or such longer period as the City may permit, to negotiate the sale of its ______________________________ within the City to another provider at a price acceptable to the Grantee, provided that such sale shall be approved by the City pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is not then negotiated within the time allowed, then an independent expert shall be appointed to determine the fair market value of the Grantee’s ___________________________. The appointment of said expert shall be by mutual agreement between the City and the Grantee; provided, however, that if the City and the Grantee are unable to reach an agreement within 30 days of the written decision of termination, then the matter of appointing an expert shall be submitted, within ten (10) days immediately following expiration of the former 30 days, to the American Arbitration Association [unless the City and the Grantee mutually agree upon some other arbitrator(s)], and the expert designated by the American Arbitration Association or such other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators and the cost of arbitration, if required, shall be borne equally by the Grantee and the City. Upon determination of the fair market value of the Grantee’s _______________________________ by the appointed independent expert, the Grantee shall be required to sell its ___________________________ to any entity which offers said fair market value and which has obtained the approval of the City to purchase said __________________________________. Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY (a) If the use of any part of Grantee’s ______________________ is discontinued for any reason for a continuous period of twelve (12) months, or if such _______________________ does not comply with the requirements of these rules and regulations, or if Grantee’s franchise is terminated or revoked the City may in its discretion require that said _______________________________ be sold to a franchise designated by the City at a purchase price equal to the __________________________ fair market value as determined in subsection (b) hereof. (b) Any dispute between the City and the Grantee over determination of the system’s fair market value shall be determined in accordance with Section 5.3 above. Section 5.5 MISCELLEOUS PROVISIONS (a) This agreement constitutes the entire agreement of the parties and supersedes any and all agreements, understandings, statements or representations either oral or in writing. This agreement can be amended only by a written document signed by the parties. (b) This agreement shall be enforced and interpreted pursuant to the laws of the State of Alabama. Page 407 of 481 City of Fairhope – Franchise Agreement Page 9 of 9 IN WITNESS WHEREOF, the Parties have hereunto set their respective signatures and seals on the ____day of __________, 20___. THE CITY OF FAIRHOPE, ALABAMA By:________________________________ Sherry Sullivan, Mayor Attest: _____________________________ Lisa A. Hanks, MMC City Clerk By: ________________________________ , Grantee Page 408 of 481 City of Fairhope – Franchise Agreement Page 1 of 9 ATTACHMENT B FRANCHISE AGREEMENT This Agreement is made and entered into by and between the City of Fairhope, Alabama (“City”) a municipal corporation and ______________________________, (“Grantee”). RECITALS Grantee is a sole proprietor with a principal place of business at _________________________, Fairhope, AL 36532. Grantee is engaged in the business of _______________________________________to the public. Grantee proposes to install and operate _____________________________ at the ___________________________. Grantee requests that the City grant to Grantee a franchise to install, maintain and operate this business on public property at the _____________________________. In consideration of the mutual covenants, promises and conditions set forth herein the parties agree as follows: SECTION 1 Section 1.1 DEFINITIONS Unless otherwise specially provided, or unless clearly required by the context, the words and phrases defined in this section shall have the following meanings when used in this Ordinance and Franchise Agreement: (1) MAYOR: Shall mean the Mayor of the City of Fairhope (2) COUNCIL: Shall mean the City Council of Fairhope, the governing body of City of Fairhope, Alabama. (3) CITY: Shall mean City of Fairhope, Alabama, which is governed by the Fairhope City Council. (4) FRANCHISE: Shall mean the franchise granted under the provisions of the Ala. Code §11-40-1, et seq., which authorizes municipalities to contract and to be contracted with. A “franchise” as used in this agreement is a special privilege not belonging to the citizens by common right but conferred by a municipality upon an individual or corporation. (5) GRANTEE: Shall mean _______________________ to whom a franchise has been granted by the City or anyone who succeeds _____________________________, in accordance with the provisions of the franchise. Page 409 of 481 City of Fairhope – Franchise Agreement Page 2 of 9 (6) GROSS REVENUES: Shall mean all revenues received by the Grantee from or in connection with the operation of the franchise to provide services in the City of Fairhope pursuant to this franchise agreement. (7) PERSON: Shall mean an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. (8) SERVICE AREA: Shall mean the geographical area within City of Fairhope and specifically defined as follows: __________________________. Section 1.2 REQUIREMENTS FOR FRANCHISE A Franchise Agreement is entered into when the person is using public property to conduct a business but is not leasing said public property. (a) No person shall engage in the construction, operation, or maintenance of a private business on public property in the City unless such person or the person for whom such action is being taken shall hold a valid franchise granted by the City. (b) Any franchise granted by the City pursuant to these rules and regulations shall not be deemed to be an exclusive right of permission. The City expressly reserves the right to grant similar nonexclusive franchises to other persons. (c) In the event the City enters into a franchise, permit, license, authorization, or other agreement of any kind with any other person or entity other than the Grantee to enter into the City’s Public Rights-of-way or public property for the purpose of operating a private business on public property in any part of the City, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. (d) No franchise shall be granted by the City in the Central Business District located in downtown Fairhope. (e) No franchise shall be granted by the City to any food vendor who does not show proof of ServSafe certification. (f) No franchise shall be granted by the City to any vendor requiring a running water supply for personal sanitary purposes and/or for cleaning equipment used in the preparation of his/her product unless water supply is provided and metered by the City. (g) Food franchises shall meet all Alabama Health Department regulations and show proof thereof. (h) No franchise shall be granted by the City to any vendor who has electrical requirements without securing metered power from the City or, if applicable, having a generator to supply the power required; generator shall meet City of Fairhope noise ordinances. Page 410 of 481 City of Fairhope – Franchise Agreement Page 3 of 9 Section 1.3 TERM OF FRANCHISE, RENEWAL (a) The duration of this franchise agreement granted pursuant to this Ordinance shall be for one year and shall be renewed automatically each year for three years unless notice of termination is given in writing to the other party at least 60 days prior to the expiration of the then current term. This Agreement shall commence 10 days after approved by the City Council. Section 1.4 ENFORCEMENT OF FRANCHISE (a) A Grantee shall not be excused from complying with any of the terms or conditions of the franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. (b) Whenever the City shall set forth any time for any action to be performed by or on behalf of Grantee, said time shall be deemed of the essence and any failure of Grantee to perform with in the time allotted shall be sufficient grounds for the City to revoke the franchise. (c) A Grantee agrees by filing an application for a franchise that they will not assert, at any time, in any claim or proceeding that any condition or term of the franchise is unreasonable, arbitrary or void or that the City had no power or authority to make such term or conditions, but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. Section 1.5 CONFLICT WITH LAWS (a) Whenever any law of the State of Alabama or of the United States, or of any agency of either, shall be in direct conflict with and supersede any provision of these rules and regulations, then for so long as such state or federal law or regulation shall be in force and effect, any affected provisions of this franchise granted hereunder shall be suspended and be of no force and effect and the Grantee shall not be required to comply with such provision; however, the validity of the remaining portions or provisions shall not be affected thereby. In the event this franchise imposes burdens different than those imposed by any other law, but within the power of the City to impose said burdens, the more restrictive provision shall apply. (b) If any section, sentence, clause or phrase of these rules and regulations or of any franchise granted hereunder is held unconstitutional or otherwise invalid, such infirmity shall not affect the validity of the remaining portion of these rules and regulations or a of any franchise granted hereunder. SECTION 2 Section 2.1 PROCEDURE FOR GRANTING FRANCHISE Page 411 of 481 City of Fairhope – Franchise Agreement Page 4 of 9 (a) Any person desiring a franchise shall apply to the City for such a grant. The application for a franchise shall be in writing, in the form approved by and containing such information as required by the City and must be accompanied by a nonrefundable application fee of $150.00 by cashier’s check, certified check or money order payable to City of Fairhope. This is a separate fee from the Franchise fee. (b) Upon receipt of said franchise application, the City shall provide notice of said application and conduct a public hearing to determine if the grant of the franchise would be in the best interest of the citizens of City of Fairhope. (c) The application shall contain a statement under oath that the applicant will comply with all legal, financial and technical provisions of these rules and regulations and any other municipal, state or federal regulatory agencies. (d) The application shall define the proposed service area of the applicant with specific time standards for the establishment of service to suit the service area. SECTION 3 Section 3.1 CONSTRUCTION AND INSTALLATION (a) After receipt of an initial franchise, a Grantee shall proceed with due diligence to install and begin operation of the franchise. (b) Failure on the part of the Grantee to commence and diligently pursue ________________________________ or failure to commence operation after 90 days from the commencement of this agreement shall be grounds for termination of the franchise. The City may extend the time for the commencement and completion of ______________________ for additional periods in the event the Grantee, acting in good faith, experiences delays by reasons of circumstances beyond her control. (d) The ________________________ shall be constructed and operated in accordance with all adopted City, state and national construction and electrical codes. Section 3.2 CONDITIONS FOR USE OF PUBLIC PROPERTY (a) Grantee shall not install or begin operation of the franchise business until the installation has been approved by the Mayor or his designee. (b) Grantee is designated a specific area in which Grantee may conduct business under this Franchise Agreement. (c) Business conducted from moving vehicles (i.e., ice cream trucks) do not require a Franchise Agreement to operate on City streets; however, any vehicle parked in one spot for longer than thirty (30) minutes and conducts business while parked, shall be required to enter into a Franchise Agreement. Violations may result in loss of City of Fairhope Business License. Page 412 of 481 City of Fairhope – Franchise Agreement Page 5 of 9 Section 3.3 OPERATION AND MAINTENANCE (a) The Grantee shall install and maintain ____________________________ in a prudent and reasonable manner. (b) Failures or malfunctions of the ______________________ shall be corrected by the Grantee promptly after notice of such failure or malfunction except or unless such failure or malfunction shall have been caused by storm, fire, lightening, explosion, civil unrest or other similar catastrophe. (c) The City shall, if it deems it necessary, have the right and privilege to inspect the installation, operation and maintenance of the _______________________ by the Grantee in order to satisfy itself as to the proper performance of the terms of this franchise agreement. SECTION 4 Section 4.1 FRANCHISE FEE (a) There shall be a franchise fee of twenty (20) percent of Gross Revenues; and the fee for the business license which is an annual license issued by the municipality for the privilege of doing any kind of business, trade, profession or other activity in the municipality, by whatever name called. (b) Grantee shall pay quarterly to the City during the life of the franchise a sum equal to twenty (20) percent of its gross revenues. Grantee shall file with the City on such form as prescribed by the City within sixty (60) days after the end of each quarterly a report, under oath at the risk of perjury, of the gross revenues for the preceding quarterly period, and shall, at the same time, pay to the City a sum equal to twenty (20) percent of the gross revenues for the said quarterly period. Section 4.2 INDEMNIFICATIONS (a) Grantee shall at his/her sole cost and expense fully indemnify, defend and save harmless the City, its officers, boards, and employees against any and all claims, demands, suits, actions, liability and judgments for damage arising out of the negligence or willful misconduct of the Grantee in the construction, operation and maintenance of the beverage vending franchise, and against all liabilities for damages by reason of, or arising out of, any failure by Grantee to safely operate and maintain the beverage vending franchise, including reasonable attorney’s fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount of comprehensive liability policy required hereunder. This indemnity shall not apply to damages occasioned solely and exclusively by acts of the City, its agents or employees. (b) Within thirty (30) days after the granting of the franchise and at all times during the term of the franchise, Grantee shall obtain, pay all premiums for, and file with Page 413 of 481 City of Fairhope – Franchise Agreement Page 6 of 9 the City a Certificate of Insurance for such insurance coverage as set forth in Item V Insurance of the Bid No. 25-015. (c) All of the foregoing insurance certificates shall be in form satisfactory to the City and shall be issued and maintained by companies authorized to do business in the State of Alabama and acceptable to the City and they shall endeavor to provide thirty (30) days written notice of any cancellation or reduction in coverage to both the City and Grantee herein, and a copy of said certificates shall be filed with the City. Section 4.3 BOOKS/RECORDS OF GRANTEE (a) All books and records of a Grantee concerning its operations within the City necessary for the enforcement of the provisions of this franchise, shall be made available for inspection and audit upon demand by the City within thirty (30) days after any request for such inspection or audit has been made. Section 4.4 GRANTEE ACKNOWLEDGEMENT (a) Grantee is an independent contractor. No agency or employment relationship is created by this Franchise Agreement. SECTION 5 Section 5.1 SALE OR LEASE OF FRANCHISE (a) No transfer or control of the _______________________________, whether by force or voluntary sale, lease, assignment, foreclosure, attachment, merger, or any other form of disposition, shall occur or be considered valid without first giving prior notice and receiving the approval of the City. The notice shall include full identifying particulars of the proposed transaction. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the qualification of the prospective controlling party and the Grantee shall assist the City in any such inquiry. The City shall have one 60 days from the date the notice is received by the City within which to approve or disapprove, by resolution, the proposed transfer of control. The City will not unreasonably withhold its approval. (b) Approval of such transfer shall be expressly conditioned upon full compliance with the material terms of the franchise agreement and this Ordinance. The transferee shall agree in writing to comply with all provisions of this Ordinance and the franchise agreement. Section 5.2 REVOCATON OF FRANCHISE (1) Subject to the provisions of this section, the City reserves the right to revoke, at any time, any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that: Page 414 of 481 City of Fairhope – Franchise Agreement Page 7 of 9 (a) Grantee has not substantially complied with a material provision of this Ordinance, the franchise agreement, or of any supplemental written agreement entered into by and between the City and the Grantee; or (b) Grantee has made a material false statement in the application for the franchise, knowing it to be false, or Grantee commits a fraud in its conduct or relations under the franchise with the City; or (c) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy or assignment for benefits of creditors, or is unable to pay its debts as they mature, unless the Grantee is in due process of contesting such debts; or (d) Grantee fails to substantially comply with a material provision of any federal or state statue, or of any material rules or regulations that govern telecommunications; or (e) Grantee exhibits a pattern of failing to comply with service standards as adopted herein or in the franchise agreement; or (f) Grantee fails to comply with any federal or state judgment arising directly from the exercise of Grantee’s rights under its franchise; or (g) Grantee fails to provide or maintain in full force and effect the bond and insurance policies required by this Ordinance and franchise agreement; or (h) Grantee assigns, sells or transfers its title or interest in its franchise without the consent of the City. (2) In the event that the City shall make a preliminary decision to revoke a franchise granted hereunder, it shall give the Grantee a minimum of thirty days written notice of its intention to terminate and stipulate cause. A public hearing shall be scheduled for the end of said 30-day period. If during said period, the cause shall be cured to the satisfaction of the City, the City shall declare the notice to be null and void. If the cause is not cured to the satisfaction of the City, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City in a public hearing in accordance with due process procedures. After the public hearing, if the City, by majority vote, determines that the franchise should be terminated, it shall issue a written decision containing its findings of fact and stating the specific grounds for termination. The decision to terminate a franchise shall be subject to judicial review as provided by law. (3) A Grantee shall not be declared in default or be subject to any sanction under any provision of this Ordinance and franchise agreement in any case where the City determines that the action justifying such sanction is without the Grantee’s knowledge or authorization or outside its control. Section 5.3 RIGHTS UPON REVOCATION OR NON-RENEWAL Page 415 of 481 City of Fairhope – Franchise Agreement Page 8 of 9 In the event the City determines that a franchise should not be renewed at its expiration or that a franchise should be revoked for cause as permitted hereunder, the Grantee shall be allowed three months from the date of such determination, or such longer period as the City may permit, to negotiate the sale of its ______________________________ within the City to another provider at a price acceptable to the Grantee, provided that such sale shall be approved by the City pursuant to Section 5 herein. In the event a sale to a provider acceptable to the City is not then negotiated within the time allowed, then an independent expert shall be appointed to determine the fair market value of the Grantee’s ___________________________. The appointment of said expert shall be by mutual agreement between the City and the Grantee; provided, however, that if the City and the Grantee are unable to reach an agreement within 30 days of the written decision of termination, then the matter of appointing an expert shall be submitted, within ten (10) days immediately following expiration of the former 30 days, to the American Arbitration Association [unless the City and the Grantee mutually agree upon some other arbitrator(s)], and the expert designated by the American Arbitration Association or such other arbitrators shall be appointed. The cost of employing the arbitrator or arbitrators and the cost of arbitration, if required, shall be borne equally by the Grantee and the City. Upon determination of the fair market value of the Grantee’s _______________________________ by the appointed independent expert, the Grantee shall be required to sell its ___________________________ to any entity which offers said fair market value and which has obtained the approval of the City to purchase said __________________________________. Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY (a) If the use of any part of Grantee’s ______________________ is discontinued for any reason for a continuous period of twelve (12) months, or if such _______________________ does not comply with the requirements of these rules and regulations, or if Grantee’s franchise is terminated or revoked the City may in its discretion require that said _______________________________ be sold to a franchise designated by the City at a purchase price equal to the __________________________ fair market value as determined in subsection (b) hereof. (b) Any dispute between the City and the Grantee over determination of the system’s fair market value shall be determined in accordance with Section 5.3 above. Section 5.5 MISCELLEOUS PROVISIONS (a) This agreement constitutes the entire agreement of the parties and supersedes any and all agreements, understandings, statements or representations either oral or in writing. This agreement can be amended only by a written document signed by the parties. (b) This agreement shall be enforced and interpreted pursuant to the laws of the State of Alabama. Page 416 of 481 City of Fairhope – Franchise Agreement Page 9 of 9 IN WITNESS WHEREOF, the Parties have hereunto set their respective signatures and seals on the ____day of __________, 20___. THE CITY OF FAIRHOPE, ALABAMA By:________________________________ Sherry Sullivan, Mayor Attest: _____________________________ Lisa A. Hanks, MMC City Clerk By: ________________________________ , Grantee Page 417 of 481 Page 418 of 481 PRF - Beverage Annual Contract Final Audit Report 2024-12-02 Created:2024-11-26 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAxQmgcdXWzdBvxG6X4AbSUHXuaiumDRAb "PRF - Beverage Annual Contract" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2024-11-26 - 5:51:26 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2024-11-26 - 5:51:49 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2024-12-02 - 7:26:41 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2024-12-02 - 7:27:12 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2024-12-02 - 7:27:12 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2024-12-02 - 8:46:24 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2024-12-02 - 8:47:30 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2024-12-02 - 8:47:31 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2024-12-02 - 9:21:46 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2024-12-02 - 9:22:11 PM GMT - Time Source: server Agreement completed. 2024-12-02 - 9:22:11 PM GMT Page 419 of 481 RESOLUTION NO. 5346-25 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. 25-015) for Beverage Vending and Concession Annual Contract -Three years ; and authorize the Mayor to negotiate a contract with the one bidder pursuant to the Code of Alabama 1975, Section 41-16-50 (4). ADOPTED ON THIS 27TH DAY OF JANUARY , 2025 Attest: ~(i:&& &aAaili, City Clerk Page 420 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1371 FROM: Hannah Noonan, Human Resources Director SUBJECT: Resolution - That the City Council authorizes and approves hiring a Driver (Grade 4), assigned to work at the Nix Center to assist with delivering meals to homebound senior citizens, to allow the current Driver (Grade 4) who is retiring April 17, 2025, to work together and train the new employee prior to retirement. This is beneficial to both the City and the new employee. The temporary position will expire upon the retirement of the current Driver. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: Council approval. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001300- 50040 Adult Rec - Salaries $0.00 $650.00 ($650.00) Estimation of salary expense based on average salary and part-time hours for temporary position. GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 421 of 481 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 422 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council authorizes and approves hiring a Driver (Grade 4), assigned to work at the Nix Center to assist with delivering meals to homebound senior citizens, to allow the current Driver (Grade 4) who is retiring April 17, 2025, to work together and train the new employee prior to retirement. This is beneficial to both the City and the new employee. The temporary position will expire upon the retirement of the current Driver. ADOPTED THIS 24TH DAY OF MARCH, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 423 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1378 FROM: Hannah Noonan, Human Resources Director Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Human Resources, Hannah Noonan, and the Director of Community Affairs, Paige Crawford, are requesting a change order for the agreement with Long's Human Resource Services to add temporary custodial staff for the Nix Center. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the Change Order No. 1 to add Nix Center temporary custodial staff to the existing agreement, to increase the Not-to-Exceed cost of the contract to $75,000.00, and to authorize the transfer of funds from Nix Salaries 001300-50040 to Temp Contract Labor 001300-50245. BACKGROUND INFORMATION: The Director of Human Resources, Hannah Noonan, and the Director of Community Affairs, Paige Crawford, are requesting a change order for the agreement with Long's Human Resource Services to add temporary custodial staff for the Nix Center. The change order will increase the not-to-exceed cost of the contract to Seventy-Five Thousand Dollars ($75,000.00). They are also requesting to authorize the transfer of Twenty-Three Thousand Dollars ($23,000.00) funds from Nix Salaries 001300-50040 to Temp Contract Labor 001300- 50245. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Previous Actions: Resolution 5284-24 authorized the Mayor to execute the contract with Long's Human Resource Services to supply temporary employees to supplement the existing workforce. Council Meeting December 9, 2024. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 424 of 481 001300- 50040 Salaries $23,000.00 $0 $23,000.00 001300- 50245 Temp Contract Labor $0.00 $23,000.00 ($23,000,00) Authorize Treasury to transfer funds from Nix Center Salaries (001300-50040) to Nix Center Temp Contract Labor (001300-50245). 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 425 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope authorizes Mayor Sherry Sullivan to execute a Change Order No. 1 for the agreement with Long’s Human Resource Services to supply temporary employees to supplement the existing workforce. This change order will add custodian services for the Nix Center. This change order will increase the not-to-exceed cost to $75,000.00. These services are exempt pursuant to Code of Alabama 1975, Section 41-16-51. Authorize Treasurer to transfer $23,000.00 from Nix Salaries 001300-50040 to Temp Contract Labor 00130-50245. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 426 of 481 Page 427 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1377 FROM: Kim Creech, CITY TREASURER SUBJECT: The City Treasurer, Kim Creech, is seeking to procure Budget Book Software. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the procurement of Budget Book Software from Cleargov, Inc. and authorize Mayor Sherry Sullivan to execute the Service Order. The cost will be $5,850.00 for FY2025 and $11.700.00 for FY2026. This purchase is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(11). BACKGROUND INFORMATION: The City Treasurer, Kim Creech, is seeking to procure Budget Book Software from ClearGov, Inc. The Implementation Plan includes: • General Ledger Data Mapping of financial data • Training (self-directed and live custom workshops • Configuration of the ClearGov platform, customizing forms and schedules The cost will be: FY2025: Five Thousand Eight Hundred Fifty Dollars ($5,850.00) FY2026: Eleven Thousand Seven Hundred Dollars ($11,700.00) This purchase is exempt from competitive bidding per Code of Alabama 1975, Section Section 41-16-51(11) Contracts for which competitive bidding is not required: Purchases of computer programs, software applications, manuscripts, books, maps, pamphlets, periodicals, and library or research electronic databases of manuscripts, books, maps, pamphlets, or periodicals. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100-General - $5,850.00 $5,850.00 ($0.00) Page 428 of 481 50300 Computer Expense GRANT: N/A LEGAL IMPACT: 3/13/25 City Attorney provided terms and conditions for review. 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 429 of 481 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of ClearGov Budget Book Software for a not-to-exceed cost of $5,850.00 for FY2025 and $11,700.00 for FY2026, and authorize Mayor Sherry Sullivan to execute the Service Order. This purchase is exempt from formal bidding per Code of Alabama 1975, Section 41-16-51(11). ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 430 of 481 Service Order 2 Mill & Main; Suite 630; Maynard, MA 01754 Created by Dennis Maher Order Date Feb 21, 2025 Contact Phone 817-205-9980 Order valid if signed by Mar 27, 2025Contact Email dmaher@cleargov.com Customer Information Customer Fairhope, Alabama Contact Kimberly Creech Billing Contact Kimberly Creech Address 161 North Section St.Title City Treasurer Title City Treasurer City, St, Zip Fairhope, Alabama 36532 Email kimberly.creech@fairhopeal. gov Email kimberly.creech@fairhopeal.gov Phone 251-928-2136 PO # (If any) The Services you will receive and the Fees for those Services are... Set up Services Tier/Rate Service Fees ClearGov Setup: Includes activation, onboarding and training for ClearGov solutions Tier 3 ($3,600.00) Onboarding Discount: WAIVED customer value add Tier 3 ($(3,600.00) Total ClearGov Setup Service Fee - Billed ONE-TIME ($- ) Subscription Services Tier Service Fees ClearGov Digital Budget Book - Civic Edition Tier 3 ($11,700.00) Total ClearGov Subscription Service Fee - Billed ANNUALLY IN ADVANCE ($11,700.00) ClearGov will provide your Services according to this schedule... Period Start Date End Date Description Setup Apr 1, 2025 Apr 1, 2025 ClearGov Setup Services Pro-Rata Apr 1, 2025 Sep 30, 2025 ClearGov Subscription Services Initial Oct 1, 2025 Sep 30, 2028 ClearGov Subscription Services To be clear, you will be billed as follows... Billing Date(s)Amount(s)Notes Apr 1, 2025 ($- ) One Time Setup Fee Apr 1, 2025 ($5,850.00) 6 Month Pro-Rata Subscription Fee Oct 1, 2025 ($11,700.00) Annual Subscription Fee Additional subscription years and/or renewals will be billed annually in accordance with pricing and terms set forth herein. Billing Terms and Conditions Valid Until Mar 27, 2025 Pricing set forth herein is valid only if ClearGov Service Order is executed on or before this date. Payment Net 30 All invoices are due Net 30 days from the date of invoice. Initial Period Rate Increase 3% per annum During the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. Rate Increase 6% per annum After the Initial Service Period, the Annual Subscription Service Fee shall automatically increase by this amount. General Terms & Conditions Page 431 of 481 Customer Satisfaction Guarantee During the first ninety (90) days of the Service Period, Customer shall have the option to terminate the Service, by providing written notice. In the event that Customer exercises this customer satisfaction guarantee option, such termination shall become effective immediately and Customer shall be eligible for a full refund of the applicable Service Fees. Statement of Work ClearGov and Customer mutually agree to the ClearGov Service activation and onboarding process set forth in the attached Statement of Work. Please note that ClearGov will not activate and/or implement services for any Customer with outstanding balance past due over 90 days for any previous subscription services. Taxes The Service Fees and Billing amounts set forth above in this ClearGov Service Order DO NOT include applicable taxes. In accordance with the laws of the applicable state, in the event that sales, use or other taxes apply to this transaction, ClearGov shall include such taxes on applicable invoices and Customer is solely responsible for such taxes, unless documentation is provided to ClearGov demonstrating Customer's exemption from such taxes. Appropriations Customer shall have the option to terminate this ClearGov Service Order in advance of any annual renewal in the event that the applicable appropriating body does not appropriate funds for such upcoming renewal period. Term & Termination Subject to the termination rights and obligations set forth in the ClearGov BCM Service Agreement, this ClearGov Service Order commences upon the Order Date set forth herein and shall continue until the completion of the Service Period(s) for the Service(s) set forth herein. Each Service shall commence upon the Start Date set forth herein and shall continue until the completion of the applicable Service Period. To be clear, Customer shall have the option to Terminate this Service Order on an annual basis by providing notice at least sixty (60) days prior to the end of the then current Annual Term. Auto-Renewal After the Initial Period, the Service Period for any ClearGov Annual Subscription Services shall automatically renew for successive annual periods (each an "Annual Term”), unless either Party provides written notice of its desire not to renew at least sixty (60) days prior to the end of the then current Annual Term. Agreement The signature herein affirms your commitment to pay for the Service(s) ordered in accordance with the terms set forth in this ClearGov Service Order and also acknowledges that you have read and agree to the terms and conditions set forth in the ClearGov BCM Service Agreement found at the following URL: http://www.ClearGov.com/terms-and- conditions. This Service Order incorporates by reference the terms of such ClearGov BCM Service Agreement. Customer ClearGov, Inc. Signature Signature Name Name Bryan A. Burdick Title Title President Please e-mail signed Service Order to Orders@ClearGov.com or Fax to (774) 759-3045 Customer Upgrades (ClearGov internal use only) This Service Order is a Customer Upgrade No If Yes: Original Service Order Date Page 432 of 481 Statement of Work This Statement of Work outlines the roles and responsibilities by both ClearGov and Customer required for the activation and onboarding of the ClearGov Service. ClearGov will begin this onboarding process upon execution of this Service Order. All onboarding services and communications will be provided through remote methods - email, phone, and web conferencing. ClearGov Responsibilities - ClearGov will activate ClearGov Service subscription(s) as of the applicable Start Date(s). ClearGov will create the initial Admin User account, and the Customer Admin User will be responsible for creating additional User accounts. - ClearGov will assign an Implementation Manager (IM) responsible for managing the activation and onboarding process. ClearGov IM will coordinate with other ClearGov resources, as necessary. - ClearGov IM will provide a Kickoff Call scheduling link to the Customer’s Primary Contact. Customer should schedule Kickoff Call within two weeks after the Service Order has been executed. - If Customer is subscribing to any products that require data onboarding: - ClearGov IM will provide a Data Discovery Call scheduling link to the Customer’s Primary Contact. Customer should schedule Data Discovery Call based on the availability of Customer’s staff. - ClearGov will provide Customer with financial data requirements and instructions, based on the ClearGov Service subscription(s). - ClearGov will review financial data files and confirm that data is complete, or request additional information, if necessary. Once complete financial data files have been received, ClearGov will format the data, upload it to the ClearGov platform and complete an initial mapping of the data. - After initial mapping, ClearGov will schedule a Data Review call with a ClearGov Data Onboarding Consultant (DOC), who will present how the data was mapped, ask for feedback, and address open questions. Depending upon Customer feedback and the complexity of data mapping requests, there may be additional follow-up calls or emails required to complete the data onboarding process. - ClearGov will inform Customer of all training, learning, and support options. ClearGov recommends all Users attend ClearGov Academy training sessions and/or read Support Center articles before using the ClearGov Service to ensure a quick ramp and success. As needed, ClearGov will design and deliver customized remote training and configuration workshops for Admins and one for End Users - via video conference - and these sessions will be recorded for future reference. - ClearGov will make commercially reasonable efforts to complete the onboarding/activation process in a timely fashion, provided Customer submits financial data files and responds to review and approval requests by ClearGov in a similarly timely fashion. Any delay by Customer in meeting these deliverable requirements may result in a delayed data onboarding process. Any such delay shall not affect or change the Service Period(s) as set forth in the applicable Service Order. Customer Responsibilities - Customer's Primary Contact will coordinate the necessary personnel to attend the Kickoff and Data Discovery Calls within two weeks after the Service Order has been executed. If Customer needs to change the date/time of either of these calls, the Primary Contact will notify the ClearGov IM at least one business day in advance. - If Customer is subscribing to any products that require data onboarding: - Customer will provide a complete set of requested financial data files (revenue, expense, chart of accounts, etc.) to ClearGov in accordance with the requirements provided by ClearGov. - Customer's Primary Contact will coordinate the necessary personnel to attend the Data Discovery and Data Review calls. It is recommended that all stakeholders with input on how data should be mapped should attend. Based on these calls and any subsequent internal review, Customer shall provide a detailed list of data mapping requirements and requested changes to data mapping drafts in a timely manner, and Customer will approve the final data mapping, once completed to Customer’s satisfaction. - Customer will complete recommended on-demand training modules in advance of customized training & configuration workshops. - Customer shall be solely responsible for importing and/or inputting applicable text narrative, custom graphics, performance metrics, capital requests, personnel data, and other such information for capital budget, personnel budget, budget books, projects, dashboards, etc. Page 433 of 481 Software Proposal PREPARED ON February 21, 2025 PREPARED FOR Kimberly Creech City Treasurer City of Fairhope PREPARED BY Dennis Maher ClearGov, Inc. dmaher@cleargov.com 817-205-9980 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 1 of 26 Page 434 of 481 OUR MISSION We Create Easy-to-Use Software to Help local governments Plan and Budget Better ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 2 of 26 Page 435 of 481 February 21, 2025 Kimberly Creech City Treasurer City of Fairhope 161 North Section Street Fairhope, Alabama 36532 Dear Kimberly, Per our discussions, I am pleased to provide you and your team at Fairhope with the attached software proposal for your consideration Our mission at ClearGov is to create easy-to-use, modern software to help local governments plan and budget better. We make it easy for local governments like yours to operate more efficiently and communicate more effectively. Our solutions are easy to afford, implement, and use. They don't cause a lot of upheaval, and they don't force you to reinvent the wheel. ClearGov solutions are designed to be just right for local governments like Fairhope. We fully appreciate the demands on your time, so I’d like to thank you in advance for the time that you and your team will spend reviewing this proposal. If you have any questions or need additional information of any kind, please do not hesitate to ask. ClearGov is the leading provider of budgeting and planning solutions for local government agencies, so I am confident that you and your team will be impressed by the ClearGov solutions and even more impressed by how hard we will work to make you happy. We look forward to working with you. Sincerely yours, Dennis Maher ClearGov, Inc. dmaher@cleargov.com 817-205-9980 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 3 of 26 Page 436 of 481 EXECUTIVE SUMMARY 5 BUDGET CYCLE MANAGEMENT OVERVIEW 8 PRODUCT SCOPE 27 INVESTMENT 30 IMPLEMENTATION PLAN 31 TRAINING & SUPPORT 38 TECHNICAL & SECURITY OVERVIEW 40 FAQs 42 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 4 of 26 Page 437 of 481 EXECUTIVE SUMMARY Mission ClearGov is the leading provider of budgeting and planning solutions for local government agencies. ClearGov’s mission is to create easy-to-use, modern software that helps local governments plan and budget better. We believe that every local government should have the opportunity to leverage technology to operate more efficiently and communicate more effectively. We pursue this mission by carefully designing solutions that are clear, collaborative, compelling and cost-effective to fuel better budgeting and drive community support. Solutions Overview Based on our conversations with Fairhope and our understanding of your key needs and objectives, we are proposing the following ClearGov solutions: ClearGov Digital Budget Book ● The easiest and fastest way to build an award-winning budget book ● Automatically generates a professionally formatted template that’s pre-populated with your financials, capital request data, charts, and more ● Enables you and your team work collaboratively to fill in the details ● Built to GFOA guidelines, optimized to ADA standards and designed to be mobile-friendly Investment ClearGov offers solutions that are affordable for local governments of all shapes and sizes. A summary of your investment in the ClearGov Solutions proposed herein includes: Setup Service Fees (One time investment) Setup Fee: Includes - Full activation and setup; Data onboarding; Client training $3,600 Setup Discount: If signed by March 20, 2025 ($3,600) Total Setup Service Fees $0 Annual Subscription Service Fees (Annual investment) ClearGov Digital Budget Book $11,700 Total Annual Subscription Service Fees $11,700 Implementation Plan You will be assigned an Implementation Manager (IM), who will develop a plan to get your team up and running that is based on your specific goals and timeline. The ClearGov Onboarding Process will have a big impact on your overall success with our platform, and as such, it is a team effort between you and ClearGov that includes four key components: General Ledger Data Mapping ● A ClearGov Sr. Data Advisor will format, upload and map your financial data (i.e. revenue and expense data). Your role is to provide us with a complete set of data files as well as guidance on ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 5 of 26 Page 438 of 481 how you would like to view the data, and to review and provide feedback along the way. This is the most important onboarding step as it enables the full use of the budgeting applications. Training ● Our products are designed to be intuitive and easy to use, but ClearGov provides a robust set of self-directed training resources, as well as live custom workshops to share best practices and help you get the most from our solutions. Configuration ● Once trained, you can easily configure the ClearGov platform to meet your specific needs - for example - by customizing capital request forms; creating wage schedules; selecting the panels to include in your Transparency Center; etc. Timeframe ● We have learned that different customers have different priorities, so the onboarding process usually takes between 60 - 90 days. If you have a specific deadline, please let me or your Implementation Manager know, and we’ll get back to you quickly to let you know if it’s possible, as well as what needs to happen - by when - to achieve that deadline. Conclusion In the pages that follow, we’ll explain how and why ClearGov solutions not only offer the best value for Fairhope, but also make your day-to-day operations more efficient, productive, and impactful. As the leading provider of budgeting and planning solutions, ClearGov is committed to helping local governments like yours “make democracy work better ”. And while that may sound lofty, “democracy” is simply what you do every day. We just want to help you do it in a modern, data-driven way — a way that makes your job easier, lightens your load, showcases all the good work that you do, and ultimately helps you better serve your community. ClearGov already works with hundreds of local governments, schools, counties and other agencies across the country, and we’d be delighted to welcome Fairhope into the fold. If you have questions or concerns as you review this proposal, please do not hesitate to reach out. Thank you for your consideration. BUDGET CYCLE MANAGEMENT OVERVIEW We know that you’re working hard to make your local government run better, and you know that technology can help you get it done. Unfortunately, most of the gov-tech software on the market right now is designed for sprawling megacities or state and federal government — not local agencies like yours. So, these platforms are often complicated, expensive, and loaded with bells and whistles that you’ll never use. You don’t need a chainsaw to carve a turkey. You simply need the right tool for the job. ClearGov, the leader in modern budgeting and planning solutions, is built from the ground up specifically for local governments. It does everything you need it to do. It’s just-right software for agencies that are looking to take that critical next step toward modernizing their budget process. Therefore, all ClearGov solutions are: CLEAR AND EASY TO USE At ClearGov, everything we do is designed to make complex government data easy to understand and easy to use, internally and by the public at large. We present data in readily-understood infographic form, and offer an interface for our internal tools that’s easy for every staff member to learn and use. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 6 of 26 Page 439 of 481 CLOUD-BASED Web-based software requires no installation, no maintenance and is always up-to-date. Plus, it gives local governments the ability to quickly adjust to evolving input and changing dynamics. We host our software and our data with Amazon Web Services, which ensures data security and world-class software performance. CONNECTED All ClearGov solutions share a common data set and work together seamlessly. Plus, when you’re ready to implement, we do all the heavy lifting for you. To get started, all you have to do is send us an Excel file with your financial data, and we’ll onboard it for you. COLLABORATIVE ClearGov solutions are designed to improve collaboration and efficiency by automating processes and outcomes. Streamlining the collaborative process is vital to prevent key items from falling through the cracks. Centralization and remote access to documents, systems and processes is mission-critical. COST EFFECTIVE ClearGov is built and priced for local governments. Our packages are all-inclusive, so you’ll never be charged extra for per-seat licenses, never be surprised with hidden fees, and never pay for support or product updates...never. Our goal is to delight our customers with unbeatable value in everything we do. Build an Award-Winning Budget Book in a Fraction of the Time The annual budget book is your most important, public-facing policy document. You want it to be polished, professionally formatted, and accessible to as many residents and stakeholders as possible. And, ideally, you want it to be easy and efficient to produce on your end. ClearGov Digital Budget Book is the industry’s first website-based solution that automates most of the budget book creation process using templates and data-driven charts and tables. Meet GFOA and ASBO award criteria and deliver new levels of clarity, engagement and understanding for your citizens. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 7 of 26 Page 440 of 481 Watch a 3 minute micro-demo here ✔ Web, Mobile & PDF Versions ✔ Team Collaboration ✔ Customizable Pages ✔ Automatic Data Updates ✔ Auto-generated Content ✔ Chart Builder ✔ GFOA & ASBO Award Checklists ✔ And more… ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 8 of 26 Page 441 of 481 Budget Book Builder ClearGov Digital Budget Book helps you produce an interactive and engaging budget book in a fraction of the time it takes today. Create a beautiful online document with flexible pages that are easy to use, ADA-compliant, and fully customizable — no developer or designer needed. ● Customizable pages: Save time with templated pages or easily create your own. Customize each page with text, charts, images, and more. ● Team collaboration: Invite unlimited team members to easily add content to their assigned sections to streamline collaboration and improve efficiency. ● GFOA & ASBO Award checklists: A built-in checklist helps you create an award-winning book easily for the GFOA Distinguished Budget Presentation Award or the ASBO Meritorious Budget Award. ● Web, mobile & PDF versions: We provide the best of all worlds to present your budget book — website, mobile, and PDF formats — to exceed public expectations for optimal viewing. Auto-generated Charts, Graphs, and More ClearGov automatically generates charts, graphs, financial pages and more using your budget data — giving you a profound head start in content creation. ● Page creation: Pages are pre-built with easy-to-edit template panels — simply add narrative to tell your story. Easily add financial pages and more that are automatically created using your budget data. ● Auto-generated graphs: Pages include compelling, colorful graphs to complement the data and to help visualize the numbers for each section of your budget. ● Auto-translate: Built-in Google Translate functionality will automatically translate your budget book narrative into Spanish, French, Portuguese or more than 100 other languages. Digital Budget Book Examples Check out just a few of the outstanding Digital Budget Books created using the ClearGov solution: ● City of Geneva, IL Digital Budget Book ● Buena Vista, CO Digital Budget Book ● Town of Middleton, MA Digital Budget Book MUNIS ● Westmoreland, PA Digital Budget Book ● Montrose, Colorado - Digital Budget Book ● Clinton, NY PDF version of DBB MUNIS ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 9 of 26 Page 442 of 481 Automatic Data Updates Revenue and expense data are automatically updated throughout your Digital Budget Book as the numbers change, eliminating errors and saving time - especially valuable for those inevitable last-minute tweaks. ● Dynamic figures: Easily embed budget numbers into your narrative and they’ll automatically update whenever your budget changes. No more searching through 300 pages to find and replace outdated figures manually. ● Smart charts: Auto-generated charts and graphs also update automatically, and they’re interactive to help provide a complete picture of your budget. ● Integrated budget: Digital Budget Book syncs directly with ClearGov Operational Budgeting to leverage your budget data, or you can easily edit budget versions and manage data for instant updates. Why does Fairhope need this? ● The short-cut you always wanted: One simple click generates a fully formatted framework that’s automatically populated with your financial data, along with pre-built charts, tables and graphs, and even some pre-written content. You simply fill in the blanks and customize the content as you see fit. ● Improve accuracy: The more spreadsheets you manage and papers you shuffle, the greater the margin of error. ClearGov’s digital-first approach is automated, templated, and paperless so you can stop manually collecting, merging, and managing all that input from dozens of department heads. ● You save time and aggravation: Recreating charts, tables, and graphs from spreadsheets every time a figure changes is not only tedious, it’s inefficient. With ClearGov, every time you change a number in your budget, all of the applicable charts, tables and graphs are updated automatically. ● Print on demand: Printing a budget book is expensive and often out of date before the ink dries. ClearGov enables you and your citizens to print specific sections or the entire budget book whenever you like - which saves both time and money. ● GFOA kudos: ClearGov’s Digital Budget Book is structured to meet GFOA best practice guidelines. In fact, there is a GFOA checklist built right in, so you can check off each Distinguished Budget Award Presentation requirement as you complete it. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 10 of 26 Page 443 of 481 PRODUCT SCOPE In the interest of transparency, we want to provide guidance around the scope of usage that is included with each ClearGov solution. The tables below do not provide a detailed list of every feature and/or function included in the product. These tables provide a summary of the key things that you can do with each solution once your account has been activated. ClearGov Digital Budget Book - Product Scope Once your data has been onboarded, ClearGov Digital Budget Book enables Fairhope team members to execute a variety of tasks, as outlined in the table below. The ClearGov training programs and your CSM will provide advice and suggest best practices to help you optimize your own Digital Budget Book. Description In Scope Digital Budget Books: Create comprehensive digital budget books based on onboarded budget data and the narrative added by you. Unlimited Digital Budget Book versions Digital Budget Book Pages: Fill out templated sections of your budget book using ClearGov’s toolset and GFOA guidelines embedded in the product, and/or create new pages with your own content, images, tables, etc. as needed. Unlimited pages Printed Budget Books: ClearGov’s Digital Budget Book solution includes print to .PDF functionality. It automatically creates .PDF documents of the full budget book or selected sections. Unlimited ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 11 of 26 Page 444 of 481 INVESTMENT Our pricing model matches our products - simple, straightforward and built for local governments. Setup Fee: ● A one-time investment that covers setup, activation, data onboarding and initial training — everything you need to get launched. Solution Subscription: ● A flat annual investment covers unlimited access and usage of your ClearGov solution and includes unlimited support from your dedicated Client Success Manager. That’s it. We don’t charge extra for seat licenses or updates or ongoing support or professional services or anything else, so there are absolutely no hidden fees. See the table below for a complete breakdown of what’s included. Setup Service Fees (One time investment) Setup Fee: Includes - Full activation and setup; Data onboarding; Client training $3,600 Setup Discount: If signed by March 20, 2025 ($3,600) Total Setup Service Fees $0 Annual Subscription Service Fees (Annual investment) ClearGov Digital Budget Book $11,700 Total Annual Subscription Service Fees $11,700 ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 12 of 26 Page 445 of 481 IMPLEMENTATION PLAN Overview The ClearGov onboarding process is designed to activate and set up your ClearGov solution. We have designed the process to be as straightforward as possible. Yes - there are some things you’ll have to do, but the effort is likely to be much less than other software implementations you have experienced in the past. With your specific goals and budget timeline in mind, your Implementation Manager will develop a plan and guide you through what needs to be done to get you and your team up and running. The Implementation Manager will work with you and ClearGov’s internal experts to achieve onboarding milestones. Roles & Responsibilities Effectively and efficiently completing the onboarding process requires a small group of people - from both ClearGov and Fairhope - with specific roles and responsibilities, as follows. NOTE: For some customers, one person may play multiple roles. Fairhope Team ● Executive Sponsor: Champions the implementation and rollout of ClearGov inside Fairhope. Removes roadblocks and acts as the escalation point if the onboarding process stalls. ● Primary Contact: Go-to person at Fairhope who is the main liaison with ClearGov’s Implementation Manager. Responsible for scheduling meetings and ensuring the right people from the organization attend. ● Data Exporter: The person responsible for exporting financial data from your ERP / Accounting System and providing Account ID structure information. ● Data Reviewer: The person responsible for reviewing and approving data maps and how your data displays within the ClearGov platform. ClearGov Team ● Implementation Manager (IM): Overall Project Manager for onboarding. Responsible for driving meetings as required and guiding you through the onboarding process. Ensures alignment with what needs to be done and who needs to do it. ● Sr. Data Advisor: ClearGov’s full-service Data Advisor team is made up of former local government finance officials, so they have been in your shoes. Your Sr. Data Advisor is responsible for uploading and categorizing your financial data. They will work closely with the Data Reviewer to complete data mapping. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 13 of 26 Page 446 of 481 ● Training & Enablement Specialist: A ClearGov team member who is deeply familiar with ClearGov products and has developed on-demand educational material available in ClearGov’s Support Center. This person will lead training workshops as necessary for users. ● Client Success Manager (CSM): Your Client Success Manager is responsible for making sure you achieve your objectives and have ongoing success using the ClearGov platform. ● ClearGov Support Team (support@cleargov.com): Everyone on this team understands how ClearGov products work and can answer questions to help you complete a task. The ClearGov Support team is available for technical assistance for all ClearGov customers. ● ClearGov Data Team (data@cleargov.com): The ClearGov Data Team is responsible for adding new or updating existing data after the initial onboarding is complete. NOTE: Most members of our Data Team are former financial officials as well. Data Onboarding Timeline We have successfully onboarded over a thousand customers, so we know that different organizations have different objectives and deadlines. Some of our customers want/need to implement as quickly as possible and make ClearGov their #1 priority. Other customers take a more relaxed approach and fit ClearGov in among other projects. As a result, the onboarding process typically stretches across 60 - 90 days, which allows enough time for us to collaborate and complete the important tasks mentioned in the next section. Typical Onboarding Timeline IMPORTANT - Meeting Your Deadline: We are happy to work at whatever pace fits your needs, and we recognize that in certain circumstances, you may require an expedited onboarding process. If you have a specific deadline in mind, please inform your Solutions Advisor or Implementation Manager as soon as possible. We will do our best to meet your deadline (we don’t miss many of them), and we’ll let you know exactly what we need from you - and when - in order to hit your objective. Data Onboarding Phases & Tasks The onboarding process has six phases, as outlined below. Some of these phases overlap and can occur concurrently to reduce the duration of onboarding. Furthermore, once your product subscriptions are activated you are able to use the product(s) immediately to complete various setup & configuration tasks while your general ledger data is being uploaded and mapped. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 14 of 26 Page 447 of 481 Phase 1: Discover The Discover phase is the initial period when you and ClearGov develop a shared understanding of your goals, specific data requirements & structure, budget cycle timeline, and onboarding plan. Depending upon schedules and availability, the Discover phase - in conjunction with the Prepare phase - usually lasts 2 to 4 weeks, starting when you sign the ClearGov service order and your Solutions Advisor connects you with your Implementation Manager. The key objectives during the Discover phase include: ● Share Goals: During the Kickoff call, your Implementation Manager will review and verify the goals you discussed with the Solutions Advisor during the sales process. ● Confirm Key Milestones & Dates: This information will be used as input to the onboarding project plan and to ensure that everyone has common expectations. ● Define Launch Requirements: The Implementation Manager will guide you through exactly what needs to be completed prior to launching ClearGov applications. Task Responsibility Notes Product subscription activation ClearGov ClearGov will activate your subscription in accordance with the Start Date listed in your Service Order. ClearGov will create your Client Admin user, who can then access the platform and add additional (unlimited) users as necessary. Kickoff & Data Discovery calls ClearGov & Client The IM will schedule two separate 30 - 60 minute Zoom sessions with your team. The first call is to discuss key objectives and the timeline for onboarding. Your Primary Contact along with anyone else who would like to be involved should attend this meeting. The second is with a ClearGov Sr. Data Advisor to understand your financial data and collect information for categorizing that data. Your Primary Contact, Data Exporter, and Data Reviewer should attend this meeting. Complete Implementation Worksheet ClearGov & Client The IM will share a worksheet with a few questions to help us better understand your specific needs and timeline. Assemble teams and resources ClearGov & Client Identify and assemble the necessary individuals - on both teams - to participate in onboarding. Create project plan with timeline ClearGov The IM will develop the timeline and project plans and will review these with your Primary Contact. Phase 2: Prepare The Prepare phase focuses mainly on helping ClearGov understand how you categorize your financial data and what changes may be necessary in order to display data the way you prefer within the ClearGov platform. During the Prepare phase, we will ask you to export financial data from your ERP or accounting system and provide information on your account code structure. Task Responsibili ty Notes Data Onboarding learning path Client We will share material to help you understand the ClearGov data onboarding requirements, as well as how certain choices will affect how your data can be displayed within the ClearGov platform. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 15 of 26 Page 448 of 481 Scope data implementation ClearGov We will ask you to verify how many years of historical data you wish to include in the platform along with which budget and actual versions you want to onboard. Export Financial Data Client We will ask you to export financial data from your ERP / accounting system, and we will provide data format requirements. Provide mapping information Client We will ask you to provide guidance about how to categorize line items based on the structure of your Account IDs, i.e. help us understand your Account ID segment codes. Review and clarify data ClearGov ClearGov will review your data files let you know if we have clarifying questions. Phase 3: Map & Review ClearGov offers a full-service data onboarding process that includes formatting, uploading, and mapping your financial (i.e. general ledger revenue and expense) data. This is the most important step of the onboarding process because that data is what enables the full use of our budgeting applications. The Sr. Data Advisor will complete the onboarding work while relying on you to provide a complete set of data files and your feedback along the way. We will need you to attend a few calls, review the mapping and provide timely feedback. It is our goal to make sure your financial data is presented through the ClearGov applications in the way you want. Task Responsibility Notes Upload and map financial data ClearGov ClearGov full-service data onboarding includes formatting and uploading your financial (revenue and expense) data and mapping each line item into categories such as fund, department, revenue source, objects, etc. Review initial mapping ClearGov & Client We will review your initial mapping in a Mapping Review call and develop a strategy for you to provide feedback. Provide feedback and iterate initial mapping ClearGov & Client If necessary, we will create a mapping feedback form for you to fill out and return to us. We will make mapping revisions based on your feedback. Review mapping in-product ClearGov & Client We will review how data flows into key product areas and how you can change how your data looks using product settings. If no initial mapping revisions are required, this process can happen in the initial Mapping Review call. Product-specific settings ClearGov & Client During the in-product review, we will discuss how specific product settings can impact the presentation of your data, e.g. Digital Budget Book best practices for creating department pages with a consistent look. Phase 4: Train & Configure Administrators can begin learning how to use ClearGov as well as configure application settings while your data is being mapped. We have developed comprehensive courses that provide you with step-by-step instructions on how to configure ClearGov. Your IM will recommend a custom learning path based on the products you have purchased. Task Responsibility Notes Administrators & editors begin ClearGov & Client Your IM will recommend and enroll you in ClearGov Academy courses to help you meet your goals. Courses are broken ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 16 of 26 Page 449 of 481 learning path and explore help resources down into a variety of product-specific educational elements (e.g. videos, articles, quizzes) for easy consumption. Login to ClearGov Academy and begin your learning path, and log in to ClearGov and explore our Support Center resources. Admin & Editor Workshops ClearGov & Client Schedule and complete product workshops, as required. (See note below for additional details.) This is custom, instructor led training, so please come prepared with specific workflow questions. Configure applications Client Complete configurations in selected applications, including adding non-general ledger data, e.g. capital requests and employee information. See below for an outline of application-specific configurations that you can utilize to customize your ClearGov experience. Your IM will provide you with guidance and best practices on how to utilize these configurations. Add users to the system Client In the User Management application, add all potential users to the system. Adding all users here makes it easy to select the appropriate people when it comes time to request budget input and review from your team. ClearGov Workshops Overview ClearGov’s products are designed to be easy to use and our learning resources are robust. As a result, you may not need a Workshop for all products. If you want one, here are our guidelines: ● ClearGov will provide a Workshop for each product in your subscription. ● ClearGov Workshops may be attended by both Administrators and Editors. ● ClearGov Workshops are designed to answer your specific questions about how to use ClearGov’s solutions to meet your specific needs. Therefore, it is highly recommended that you complete the ClearGov Academy courses prior to attending a ClearGov Workshop. ● All Workshops are recorded for your ongoing reference and team access. Phase 5: Promote & Educate ClearGov products are built to foster collaboration during the budget development process. So, we want to make sure your entire team knows how to get the most from our platform. Task Responsibility Notes Introduce ClearGov to colleagues ClearGov & Client Your IM will work with you to customize materials (email messaging and supporting materials) to send to key stakeholders in your organization. Department Heads complete learning paths Client Your IM will recommend ClearGov Academy courses for your Department Heads and other users of ClearGov based on the products included in your subscription. Your IM will also recommend other resources available through our learning center to ensure your Department Heads are set up for success with ClearGov. Department Head Workshop ClearGov & Client Schedule and complete product workshops, as required. (See note above for additional details.) This is custom, instructor led training, so please come prepared with specific workflow questions. Phase 6: Ready to Go With your onboarding process complete, the Fairhope team will be well-prepared to build and present your budget. At this point, your Implementation Manager will introduce your ClearGov Client Success Team, including your Client Success Manager, who will provide ongoing support. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 17 of 26 Page 450 of 481 Task Responsibility Notes Client Success Manager assigned ClearGov ClearGov will assign a dedicated Client Success Manager (CSM). Your CSM will become your primary point of contact to provide coaching, share best practices, and ensure continued success with your ClearGov platform. Post-Onboarding Review call ClearGov & Client Your IM will coordinate a call with your new CSM and your Primary Contact to do a final review of any outstanding onboarding tasks as well as to gather your feedback to highlight if any part of the process could have been executed better. Communicate Support & Data Request process ClearGov Your IM will provide instructions on how to contact our Support Team if you have questions or run into a technical issue as well as instructions on how to submit data uploads or modification requests to the Data Team. Application-Specific Configuration Below is a summary of the key elements that can be configured by Fairhope for each applicable ClearGov product. Product configuration is your opportunity to customize the ClearGov application to your specific needs and preferences. We have done our best to make each process as intuitive as possible, and we’ll be there to show you how, if you have questions. Digital Budget Book ● Budget Book Design: Utilize the point-and-click Digital Budget Book Settings to configure the look and feel of your budget book to meet your needs and preferences. ● Contributors: Assign specific budget book sections to contributors for collaboration and editing. Data Requirements ClearGov’s Onboarding process is focused on getting your most complex data up and running on the ClearGov platform. In a nutshell, this means your financial data (i.e. general ledger, assets, liabilities, expenses, revenue, etc.) - both current and historical information. This data should be readily exportable from any accounting/ERP system. We have partnered with some vendors to include an “Export to ClearGov” button in their solutions and for some others we can provide detailed export instructions. Your IM will let you know what is available based on the accounting/ERP system you use. Your IM will also provide you with a more detailed document explaining data requirements. The highlights are outlined below. Data Onboarding Requirements by Product Product Chart of Accounts Revenue & Expenditure Data Checkbook Detail Actual Budgeted Digital Budget Book ✅ ✅ ✅ N/A *NOTE: For Strategic Planning, Data Onboarding is only required if you intend to allocate budget categories to specific objectives within your plan. Data Onboarding Detail Actual Revenues, Expenditures, Assets, Liabilities, Equities, and Cash ● The majority of clients sent us 4 to 6 years, however, there is no limit. ● By providing more years, trend charts will be more robust. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 18 of 26 Page 451 of 481 ● Current FY budget data is used as the basis to create the next FY budget. Budgeted Revenue & Expenditures ● Current and upcoming ● Past years to display budget-to-actuals (optional) Check Level Detail (ClearGov Transparency Only, Optional) ● If you wish to use the Open Checkbook feature in ClearGov Transparency ● Your data must include check-level detail for the most recent fiscal year with as much historical data as you prefer Line Item Detail File(s) ● Line-item level revenue, expense, asset, equity, and liability data. Depending on which accounting system you use, all years may be exported in one file or there may be a file created for each year. ● Each line item should include full account number, account description, fund and dollar amount. We will also need to know the associated fiscal year and if the line item is tied to revenue or expense. ● Depending upon which accounting system you’re using, this is often referred to as the Trial Balance Report; Account Inquiry Report; or Budget-to-Actual Report. Account Number Key ● This is simply an explanation of your account number structure. ● An account number is made up of segments and for each segment we need to know its purpose (i.e. whether it refers to a fund, a department, an object, etc.). ● Most accounting systems enable you to run a report to generate this information. It’s often called a Segment Report or Chart of Accounts. If yours does not, just let us know. The ClearGov data team has successfully uploaded data for hundreds of clients and will work with you to determine the best options. How much data should we provide? In short, it depends on which product(s) you plan to use: ● Digital Budget Book: Should provide budgeted and actual data for any fiscal year that you wish to present in your digital budget, typically 3-5 years. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 19 of 26 Page 452 of 481 TRAINING & SUPPORT ClearGov solutions are designed to be intuitive and easy-to-use. With that said, ClearGov’s training materials and support channels are designed to ensure that you and your team can successfully launch, adopt and optimize the value you receive from the ClearGov platform. We will share how to accomplish tasks, key insights and best practices. Training For starters, we have developed comprehensive courses that provide you with step-by-step instructions on how to configure and use ClearGov. Your Implementation Manager (IM) will recommend and enroll you and your team in ClearGov Academy courses to help meet your goals. Courses are broken down into a variety of product-specific educational elements (e.g. videos, articles, quizzes) for easy consumption. ClearGov Workshops In addition, instructor led training is available in workshop format. ClearGov Workshops are designed to answer your specific questions about how to use ClearGov’s solutions to meet your specific needs. Therefore, it is highly recommended that Workshop Attendees complete the ClearGov Academy courses prior to attending a ClearGov Workshop. ClearGov will provide a remotely-delivered Workshop for each product in your subscription. ClearGov Workshops may be attended by both Administrators/ Editors and Department Heads/Contributors. All Workshops are recorded for future reference and to train new hires. Support Center All ClearGov users have access to a frequently updated online Support Center filled with hundreds of how-to articles, video tutorials and information sheets. The ClearGov Support Center is easy to navigate and has a robust search engine to quickly find help on a specific topic. Client Success Manager When the onboarding process is complete, the IM will introduce you to your Client Success Manager (CSM). Your CSM is available by phone and email and will work with you to get the most out of ClearGov’s platform. CSMs are generally available 9:00AM to 5:00PM, Monday through Friday (excluding holidays). Your CSM will inform you of their specific availability. Our CSMs are committed to responding to all inquiries within one business day, and in most cases, you will receive a same-day response. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 20 of 26 Page 453 of 481 ClearGov Support & Data Team For questions on how to use ClearGov or to report a technical issue, you will be able to reach a Support Specialist via support@cleargov.com during business hours (Monday through Friday, 8:00AM to 8:00PM Eastern). Our Support Team is committed to responding to all inquiries within one business day, and in most cases, you will receive a same-day response. For data updates, you can update your own statistics through our financials application or you can submit a request to our data team via this request form. Our standard lead time to complete an update is five business days. However, if you need an update completed sooner to meet a deadline, just let us know. Straightforward uploads or changes often are completed within one or two business days. Product Enhancement Requests We absolutely love hearing from our Customers - especially when they have ideas that would make our products better. In fact, we meet weekly to go over all the feedback we’ve received to provide key input to our product roadmap. Many of the applications and features in ClearGov’s solution are the direct result of client feedback. When you have a request for a product enhancement, please submit your idea(s) to support@cleargov.com or inform your CSM and they will bring it up at our weekly meeting. We prioritize product enhancements primarily based on the number of clients who are requesting similar functionality, so we can’t guarantee that your ideas will go to the top of the list, but we promise that we’ll always listen, and we work hard to make 100% of our customers happy. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 21 of 26 Page 454 of 481 TECHNICAL & SECURITY OVERVIEW ClearGov Hosting Platform The ClearGov platform is hosted by Amazon Web Services (AWS), the world leader in cloud computing as a service. Used by the Departments of Justice, Defense, and Homeland Security, AWS is one of only three vendors that have been granted government authorization to store highly sensitive federal data on its cloud-computing servers. AWS handles systems, network architecture, and security, enabling ClearGov to focus on what it does best — developing world-class solutions for local governments. With ISO 27001 and FISMA-certified data centers, AWS has made platform security its highest priority in order to protect customers’ critical information and applications. Another key advantage of hosting on the AWS cloud is that it allows ClearGov to easily scale and innovate, while maintaining all security protections across the entire infrastructure. How secure is ClearGov ? Hosting with AWS ensures that ClearGov maintains the highest security standards in the world: ● Web application firewalls control access to the underlying code ● AWS has built technologies to protect against distributed denial of service (DDoS) attacks to ensure network availability and application uptime. ● AWS’s SQL Server RDS uses server-side encryption to protect sensitive data. In addition to AWS’s secure hosting environment, ClearGov has implemented a number of extra software security features: ● Secure Socket Layer (SSL): SSL establishes an encrypted link between AWS servers and the web browser to ensure that all data transfers remain private and integral. ● SQL Injection Protection: ClearGov has built protection against SQL injection attacks where hackers attempt to insert nefarious server requests into web forms. ● Access Rights: ClearGov has implemented strict permission settings based on roles, which limit access to specific data and application functions. This ensures that internal users are restricted from accessing sensitive data based on privileges assigned by your administrator. ● Password Authentication: ClearGov does not store passwords explicitly, but rather “hashes” (encrypts) them so they are not compromised. ● Single Sign On (SSO): ClearGov offers Single Sign On capabilities as an optional authentication method. The system is integrated with a leading authentication aggregator which provides integration with the majority of authentication providers. ● Logging and Monitoring: ClearGov employs monitoring features that quickly identify vulnerabilities and provide immediate alerts if action is required. Where are ClearGov data centers located? AWS replicates the ClearGov application and data across multiple geographically dispersed data centers to ensure redundancy and availability. What sort of disaster recovery plan is in place? One of the reasons we selected AWS is because they provide state-of-the-art disaster recovery. ClearGov databases are duplicated in real-time across multiple AWS servers, and the entire ClearGov platform is backed up daily across the AWS network. So, even in the event of a catastrophic system failure, 24 hours of data loss would be the maximum impact. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 22 of 26 Page 455 of 481 Is the ClearGov platform designed to scale to meet demand bursts? Yes. One of the key factors behind selecting AWS as our hosting provider is their ability to scale rapidly. AWS has automated solutions in place that automatically scale ClearGov’s platform for normal peaks and valleys in demand, and can be rapidly (and remotely) scaled to meet sustained demand increases. Does ClearGov leverage AWS Virtual Private Cloud features? Yes. ClearGov utilizes the AWS Virtual Private Cloud functionality so that our platform is hosted on a logically isolated section of the AWS Cloud and not commingled with any third-party applications. How do I learn more about ClearGov’s hosting solution? You can learn more about AWS data centers and security measures via the following link: ● https://aws.amazon.com/security/?hp=tile Security FAQs How is client data stored within the ClearGov platform? All client data is stored in a single data repository with proper authentication and access control built into the system to ensure that users may only access the data applicable to their organization. Is the ClearGov platform SOC 2 compliant? Our hosting provider, AWS, is fully compliant with SOC 2 requirements, and ClearGov can provide a copy of the most recent AWS SOC 2 compliance/audit report upon request. How often is the ClearGov platform reviewed for adherence to security standards and how actively is the ClearGov platform monitored? ClearGov performs quarterly security reviews to ensure that processes are being followed and standards are being met. The ClearGov platform is monitored continuously - 24 x 7 - for performance, security and auditing. Does ClearGov Support SSO? ClearGov is integrated with a leading authentication aggregator which provides integration with the majority of authentication providers such as OpenID Connect and SAM. Examples of SSO providers using these protocols include Microsoft Azure, OneLogin, and Okta. Service Level FAQs What level of service availability does ClearGov support? All ClearGov solutions are available on a 24/7 basis, and ClearGov is committed to 99.9% uptime. As a cloud-based solution product patches and upgrades are completed in real-time, without impact to system performance. On occasion, as necessary, larger upgrades that may require planned system downtime are announced in advance and completed over the weekend and/or after working hours. What is your standard practice for security patch management? ClearGov conducts ongoing audits of third-party packages for vulnerabilities. Patches for critical vulnerabilities are released as soon as possible, otherwise, patches are released as part of regular bi-weekly software releases. How often does ClearGov schedule planned outages for system upgrades? The ClearGov platform and applications are architected so that the system does not require downtime during regular maintenance, product upgrades, or emergency patches. On occasion, as necessary, larger upgrades that may require planned system downtime are announced in advance and completed over the weekend and/or after working hours. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 23 of 26 Page 456 of 481 FAQs General Questions Q: Do we need to dedicate resources for ClearGov implementation? ● A: Ideally, we would like to have one point person on your end with whom we can coordinate logistics. We generally require no more than a few hours of that person’s time for the entire setup/onboarding process. Typically, that same person is responsible for delivering regular data updates (usually quarterly) , which requires only a few minutes of their time once per quarter. (See Project Management section for more details.) Q: Does ClearGov provide training? ● A: The ClearGov platform is designed to be simple and intuitive. With that said, ClearGov will provide whatever training you and your team need during the kick-off process. And, the ClearGov team is available for unlimited support and/or training on an ongoing basis. ClearGov also provides video tutorials, online help, and other support materials as well. (See Training and Support section for more details.) Q: How much effort is required to import our data? ● A: During implementation, your Sr. Data Advisor will upload your financial data. Post-implementation you have two choices when it comes to updating your financial data. You may update your actuals as often as you like using our financials application or you can submit a request to our data update team. Q: Can ClearGov help us communicate our finances internally ? ● A: Absolutely. ClearGov is a powerful tool for not only communicating with residents, but also internal stakeholders. ClearGov can act as a central reporting platform that offers clear and easy-to-understand infographics that can be used for presentations and reports both internally and externally. Q: How will ClearGov store our data? Is it secure? ● A: ClearGov utilizes a full suite of solutions from Amazon Web Services (AWS) to host and deliver the data for the ClearGov platform. We specifically selected AWS as our solutions provider because the AWS infrastructure puts strong safeguards in place to help secure and protect customer data. All data is stored in highly secure AWS data centers, and you can learn more about AWS security measures via the following link: https://aws.amazon.com/security/?hp=tile. See Security Overview section above for more details. Q. Are there any accounting systems that are not compatible with ClearGov ? ● A: The short answer is "No" — we work with everybody. We're not actually doing a direct integration with your accounting system; we just need a simple report, and every accounting system we've ever met can easily produce that report. We've worked with enough of them now that we can probably tell you which report to print, and if it's a new one, we'll help you figure out which report is right. Q: Does ClearGov provide a real-time integration with any eFinance or ERP systems? ● A: The short answer is…No...and this is by design. ClearGov takes a different approach when it comes to integrating your data onto our platform. In short...we do the work for you. You simply send us a report from your accounting system whenever you like, and we’ll upload it - and there is never any additional charge for this. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 24 of 26 Page 457 of 481 ● The reason we take this approach is that system integrations sound like a good idea on paper, but in reality...they are painful, expensive and extremely difficult to maintain. The key problem is that every time the software changes on either end of the integration, the connection breaks and requires significant effort to re-integrate. In fact, that’s how our competitors make a lot of their money, because they charge professional service fees every time you ask them to re-establish the integration. Bottom line, the extra costs of supporting and maintaining a real-time integrated solution far outweigh the minimal incremental benefits of real-time data transfer. Q: Does the ClearGov platform support single sign-on functionality ? ● A: Yes. ClearGov supports single sign-on functionality using Microsoft Azure Active Directory. We are happy to support other single sign-on platforms/APIs as well. Please just let us know what you need. Digital Budget Book Questions Q: Since the product is template-driven, won’t every ClearGov Digital Budget Book look the same? ● A: No. While every ClearGov Digital Budget Book starts with the same core template, it’s highly and easily customizable, so the final product will always be different. You can add your own images, chart colors, and endless content to make it your own. Q: Can you guarantee that we will win a GFOA award? ● A: As we have designed and built the ClearGov Digital Budget Book, we have double-checked the GFOA guidelines every step of the way. We have also actively reviewed the solution with GFOA reviewers and members of the GFOA staff. With that said, we cannot guarantee that you will win an award, in part, because the narrative content is still up to you. In other words, all of the core components are included, but you still need to fill in the blanks in a way that meets with GFOA approval. Q: I understand the benefits of digital, but I still need to produce a printed version. How will that work? ● A: You’re not alone. Old habits die hard and paper is still a must-have for many local governments. In addition to presenting your budget book online, the ClearGov Digital Budget Book Suite includes functionality that enables users to create a .PDF, which can then be printed to generate a hard-copy of your budget book. Also, the Print-to-PDF functionality enables you to print specific sections of your budget book and/or the entire book. ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 25 of 26 Page 458 of 481 “I’ve enjoyed working with ClearGov. I really am impressed with how the products have been built. It’s amazing that they know very well what we need. Not many do.” Will Fuentes, CPFO, MBA Finance Director Campbell, CA ClearGov, Inc. | 855-553-2715 | www.cleargov.com Page 26 of 26 Page 459 of 481 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Date: Department: Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Quote $ $ Vendor Name 1. ClearGov 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? Budget book software 2.What is the total cost of the item or service? $5,850.00 FY2025; $11,700.00 FY2026 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): ClearGov 6.Vendor Number: 7.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? $11,700.00 3.Budget code: 001100-50300. Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Kim Creech 3/13/2025 Treasury $5,850.00 FY2025; $11,700.00 FY2026 Page 460 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1380 FROM: Stephanie Hollinghead, Chief SUBJECT: The Chief of Police, Stephanie Hollinghead, is requesting approval for the procurement of a Genetec Server Storage Expansion for the Fairhope Municipal Jail. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: To approve the procurement of a Genetec Server Storage Expansion for the Fairhope Municipal Jail for a not-to-exceed cost of $32,008.07. BACKGROUND INFORMATION: The Chief of Police is requesting approval for the procurement of a Genetec Server Storage Expansion for the Fairhope Municipal Jail. This procurement is for a Custom Lenovo Thinksystem DE 240S 2U24 SFF Expansion Enclosure, Lenovo Part #7Y68S85L00. The not-to-exceed cost is Thirty-Two Thousand Eight Dollars and Seven Cents ($32,008.07). This will be purchased through the purchasing cooperative Omnia Partners contract (Contract #2018011-02) with SHI International Corp. and therefore does not have to be let out for bid. This is an unbudgeted purchase. The Chief of Police is requesting to use Corrections Funds for this purchase. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001155- 50300 Jail - Computer Expense $0.00 $32,008.07 ($32,008.07) Treasury has reviewed the Corrections Fund and there are adequate funds available for this purchase. Page 461 of 481 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 462 of 481 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of a Genetec Server Storage Expansion for the Fairhope Municipal Jail that is on Omnia Partners (Contract #2018011-02) with SHI International Corp; and therefore, does not have to be let out for bid. The total amount not-to-exceed $32,008.07. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ___________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 463 of 481 Page 464 of 481 Page 465 of 481 Page 466 of 481 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1383 FROM: SUBJECT:Request - Friends of the Halstead, Inc. - Street Closure on School Street between Morphy Avenue and Fairhope Avenue for Live at Five for Concert at Halstead Amphitheater for bus and truck parking for April 11, 2025, and April 25, 2025. AGENDA DATE: March 24, 2025 RECOMMENDED ACTION: That the City Council approves the Request of Friends of the Halstead, Inc. - Street Closure on School Street between Morphy Avenue and Fairhope Avenue for Live at Five for Concert at Halstead Amphitheater for bus and truck parking for April 11, 2025, and April 25, 2025. 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 467 of 481 City of Fairhope Approval Special Event Request Date complete application submitted to Rental Facilities Department Event: ______________________________________________________________________________ Person Requesting: ___________________________________________________________________ Date of Event: _______________________________________________________________________ Location: ___________________________________________________________________________ $ ___________ Approval/Disapproval supporting documentation attached. Approval: ______________________________________ Date: _______________ Approx. security cost Police Chief/Designee ______________________________________ Date: _______________ Approx. cost city services $____________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Disapproval: _______________________________________ Date: ______________ Police Chief _______________________________________ Date: ______________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Route back to rental facilities department for application package finalization NOTES: _______________________________________________________________________________________ _____________________________________________________________________________________________ Rev. 01/20 MS/CM Stephanie Hollinghead (Mar 11, 2025 15:09 CDT) Stephanie Hollinghead Live at 5 Street Closure 4/11/25 & 4/25/25 Live at 5/ Friends of the Halstead Inc 04/11/25 & 04/25/25 See Attached Map 03/11/2025 0.00 Awaiting Completed &Signed Application and Payment 3 11 2025 4 3/15/25 George ladd 3/11/25 Paige Crawford (Mar 12, 2025 07:10 CDT) Paige Crawford 3/12/25 Page 468 of 481 Page 469 of 481 Page 470 of 481 Page 471 of 481 Page 472 of 481 Page 473 of 481 Page 474 of 481 Page 475 of 481 Page 476 of 481 Page 477 of 481 Page 478 of 481 Signature: Email: Signature: Email:george.ladd@fairhopeal.gov Paige Crawford (Mar 12, 2025 07:10 CDT) Paige Crawford paige.crawford@fairhopeal.gov Page 479 of 481 Live at 5 Packet 4.11.25 & 4.25.25 Final Audit Report 2025-03-12 Created:2025-03-11 By:Nick Martin (nicholas.martin@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAALfTnrroFNQftLcy_a04z8wPxsJa-ZLCi "Live at 5 Packet 4.11.25 & 4.25.25" History Document created by Nick Martin (nicholas.martin@fairhopeal.gov) 2025-03-11 - 7:58:06 PM GMT Document emailed to stephanie.hollinghead@fairhopeal.gov for signature 2025-03-11 - 8:00:31 PM GMT Email viewed by stephanie.hollinghead@fairhopeal.gov 2025-03-11 - 8:01:29 PM GMT Signer stephanie.hollinghead@fairhopeal.gov entered name at signing as Stephanie Hollinghead 2025-03-11 - 8:09:07 PM GMT Document e-signed by Stephanie Hollinghead (stephanie.hollinghead@fairhopeal.gov) Signature Date: 2025-03-11 - 8:09:09 PM GMT - Time Source: server Document emailed to George Ladd (george.ladd@fairhopeal.gov) for signature 2025-03-11 - 8:09:12 PM GMT Email viewed by George Ladd (george.ladd@fairhopeal.gov) 2025-03-11 - 9:26:20 PM GMT Document e-signed by George Ladd (george.ladd@fairhopeal.gov) Signature Date: 2025-03-11 - 9:27:36 PM GMT - Time Source: server Document emailed to paige.crawford@fairhopeal.gov for signature 2025-03-11 - 9:27:40 PM GMT Email viewed by paige.crawford@fairhopeal.gov 2025-03-12 - 12:09:17 PM GMT Signer paige.crawford@fairhopeal.gov entered name at signing as Paige Crawford 2025-03-12 - 12:10:03 PM GMT Page 480 of 481 Document e-signed by Paige Crawford (paige.crawford@fairhopeal.gov) Signature Date: 2025-03-12 - 12:10:05 PM GMT - Time Source: server Agreement completed. 2025-03-12 - 12:10:05 PM GMT Page 481 of 481