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HomeMy WebLinkAbout04-14-2025 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, April 14, 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 24, 2025 Regular City Council Meeting and minutes of March 24, 2025 Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. FINAL ADOPTION - 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. (Introduced at the City Council Meeting on March 24, 2025). 6. Ordinance - An Ordinance to grant a Franchise Agreement Coca-Cola Bottling Company United-Central, LLC to operate Beverage Vending and Concession Machines specified in (Bid No. 25-015), Beverage Vending and Concession Annual Contract - Three Years. 7. Ordinance - An Ordinance to amend Ordinance No. 1820 Section 5. Covenants: c) of Lease Agreement with Hope Community by adding the following language: Notwithstanding the terms and conditions of this provision, the Tenant may sublease certain portions of the property only with the express written consent of the Governing Body of the City of Fairhope. 8. Resolution - That the City Council hereby approves Mobile Bay Maker’s Market LLC to execute a sublease agreement with Hope Community for its outdoor market. See resolution attached. 9. Site Plan Review and Approval - Request of the Applicant, Benjamin Cummings, acting on behalf of the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and Thomas Orthodontist on property zoned B-2 General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is approximately 1.0 acres. PPIN#: 627499. (Planning Commission unanimously recommends approval of SR 25.02). Page 1 of 354 City Council Regular Meeting April 14, 2025 Page - 2 - 10. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS25-026) for Design Services for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II) Intersection Improvements at US98 and Volanta Avenue to Mott MacDonald Alabama, LLC.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 11. Resolution - That the City Council approves the selection by the Evaluation Team for Professional Landscape Architectural Services for (RFQ PS25-017) for the Flying Creek Nature Preserve - Phase II to Thompson Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. 12. Resolution - To authorize a budget transfer of $100,000.00 from General Fund to Capital Projects Fund for Flying Creek Nature Preserve (FCNP) and John Martin Nature Center (JMNC) signage and furnishings. 13. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract with Neel-Schaffer, Inc. for Professional Traffic Engineering Services for (RFQ PS25-024) for the Twin Beech Corridor Study with a not-to-exceed contract amount of $40,000.00. 14. Resolution - That the City Council approves and accepts the Right-of-Entry and Permanent Utility Easement from the Fairhope Single Tax Corporation, Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00) for the following purposes, to-wit: The right to enter upon the hereinafter described land and grade, level, cut, fill, build, inspect, repair, replace and maintain a 180-degree return on a force main as part of the public sewer system, together with such valves, culverts, pipes, fittings and connections as may be necessary, and all other work related to the future maintenance of the Fairhope Sewer Utility Improvements Project located at 9621 Fairhope Avenue, Fairhope, Alabama 36532. 15. Resolution – Authorizing Mayor Sherry Sullivan to inform and submit the Municipal Water Pollution Prevention Program (MWPP) Report for 2024 to the Department of Environmental Management. 16. Resolution - To award (Bid No. 25-026) to BLD Services, LLC. for Fairhope Sewer Manhole Rehabilitation Annual Contract with a bid proposal for Base Bid Part One - Rohr Area (Sewer District) Manholes for $52,300.00, Base Bid Part Two - Lakewood Area (Sewer District) Manholes for $88,590.00 and Base Bid Part Three - Annual Contract Pricing for $358,178.00. Total cost not-to-exceed $499,068.00. Page 2 of 354 City Council Regular Meeting April 14, 2025 Page - 3 - 17. Resolution - That the City of Fairhope approves the procurement of Repair Services for Well #2 Pump from Morrow Water Technologies for the not-to-exceed cost of $41,739.47. 18. Resolution - That the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS25-027) for I & I (Inflow and Infiltration) Identification Study to Duke's Root Control, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. 19. Resolution – To award (Bid No. 25-025) to SouthCon for 46KV Transmission Line Project - Concrete Poles with a bid proposal not-to-exceed $105,956.00. 20. Resolution – To award (Bid No. 25-031) to Gresco Utility Supply for 46KV Transmission Line Project – Transmission Switches with a bid proposal not-to- exceed $85,953.00. 21. Resolution - That the City Council authorizes submission to the Alabama Law Enforcement Agency's (ALEA) Homeland Security Grant Program (HSGP) for vehicle mitigation barriers and 250 additional metal control barricades. The total grant amount will be $200,000.00 with no match required. 22. Resolution - To award Bid No. 25-027 for the procurement of two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab to Hardy Chevrolet Buick GMC Inc. for a not-to-exceed amount of $98,638.40. 23. Resolution - That the City Council hereby approves the payroll reallocation defined as the following effective immediately: the Police Department is requesting to organize a program for two (2) temporary Criminal Justice interns at an estimated cost of $4,050.00 per intern for the duration of 10 weeks [est. $8,100.00 total]; and the available funding will be derived from payroll funds budgeted for one (1) Part- Time Police Officer position in the FY 2025 Budget. 24. Resolution - That the City Council approves and adopts the recommendations of the Personnel Board for the reclassification of the Utilities Public Relations Coordinator (Grade 11) FLSA status from "exempt from overtime regulations" to "non-exempt from overtime regulations" with no effect to the assigned pay grade. 25. Resolution - That the City of Fairhope approves the procurement of the Annual Renewal of CivicPlus Media that is on The Interlocal Purchasing System ("TIPS") (Contract #220105) with CivicPlus; and therefore does not have to be let out for bid. The total annual amount not-to-exceed $14,469.48. Page 3 of 354 City Council Regular Meeting April 14, 2025 Page - 4 - 26. Request - Chad Clark, Event Coordinator, The Fairhope Rotary Club Foundation requests approval of the "Fairhope Rotary Club Steak Cook-Off" on May 10, 2025, for street closures on Bancroft Street, between Fairhope Avenue and Morphy Avenue, and Johnson Avenue between Section Street and Bancroft Street; event from 12:00 p.m. to midnight; and approval to allow alcohol on City streets contingent upon ABC license and approval. 27. Request - Gary Constantine requesting a waiver of the Noise Ordinance for a Wedding Celebration being held at the Fairhope Inn in the evening hours of Saturday, April 11, 2026 to extend the 10:00 p.m. deadline to 10:30 p.m. 28. Application for Special Retail License – More than 30 Days by Lowrey Holdings, LLC d/b/a Sallie located at 406 Pine Avenue, Fairhope, AL 36532. 29. Appointment - Pedestrian and Bicycle Committee 30. Public Participation – (3 minutes maximum) 31. Executive Session - To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, the public disclosure of which could reasonably be expected to be detrimental to public safety or welfare. 32. 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 City Council Meeting – Tuesday, April 29, 2025 – Same Time Same Place Page 4 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-941 FROM: Lisa Hanks, CITY CLERK SUBJECT: March 24, 2025 Regular City Council Meeting and minutes of March 24, 2025 Work Session. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Approve the March 24, 2025 Regular City Council Meeting and minutes of March 24, 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 5 of 354 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, 24 March 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, and Jay Robinson, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Kevin Boone was absent. There being a quorum present, Council President Burrell called the meeting to order. The invocation was given by Pastor Ty Ulrich of Celebration Church and the Pledge of Allegiance was recited. Council President Burrell announced that Agenda Item No. 18 had been pulled pending review by our consultant. Councilmember Robinson moved to approve minutes of the 10 March 2025, regular meeting; and minutes of the 10 March 2025, work session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) Thanked the Arts & Crafts Festival Foundation and the Eastern Shore Art Center. She also thanked the Dogwood Trail Maids for their appearance at the Festival which was the first appearance of the new Trail Maids. 2) Mentioned the Fairhope Junior City Council’s trip to Montgomery and commented City Clerk Lisa Hanks planned the trip. 3) Announced that the "Arts Alley" project has been honored with the Norman J Walton Sr. Regional Award from the South Alabama Regional Planning Commission. This prestigious award celebrates exceptional regional projects that excel in five key areas: problem solving, intergovernmental cooperation, innovation, enhancement to regional quality of life, and cost-effectiveness. 4) Recognized Mandy Bezeredi for serving on the Parking Authority and said she works for Coastal Alabama Community College; and helped with extra parking there. Mayor Sullivan addressed the City Council regarding the Alabama Public Library Service and stated she has had some productive discussions with the board chairman John Wahl. Mayor Sullivan said, “the state funding to the library was not cut, it was only paused.” She said this item was not on the agenda but individuals spoke during public participation; and commented that Mr. Wahl said we could find resolution and meet APLS guidelines. Page 6 of 354 24 March 2025 Mayor Sullivan said there is no desire to cut funding of approximately $900,000.00; and the Library Board and staff are not run by the City. She also said the City has already received two rounds of funding for the library from the state, and is expecting another in June, if this is all resolved by then. Councilmember Martin said, “I have no regard to defund our library.” He stated we will follow Alabama law and this should be cleared up soon. Councilmember Conyers said he has no interest in defunding the library. He commented we already have two items checked off: library cards and policies. Councilmember Conyers said five books have been moved to the adult section; and thanked the Library Board for their service to the City. Councilmember Robinson said there is a lot of passion in this room; and there is a grey area of what goes where in the library. He said Mr. Wahl is going to come down and see if we are compliant. Councilmember Robinson said, “this has gotten a little bigger that it was intended to, but please understand there is no desire by the Council or the Mayor to defund our library and I don’t believe that’s the motive of the state either.” He was we hope to get a resolution quickly. Council President Burrell reiterated, “there is no intention of defunding the library.” He commented, “we are not the worst library in the State, I think we are the best library in the State.” He said it was that pause that still leaves a bad taste in my mouth. That’s not America and we were not given due process.” He went on to say, “I don’t like the fact that somebody, anyone can go to Montgomery and make comments and cause a pause in funding without process. I am very pleased they are going to come and visit the library.” Council President Burrell commented we will comply with State law. A Public Hearing was held as advertised on a proposed ordinance to amend Ordinance No. 1253. Councilmember Robinson introduced in writing Ordinance No. 1825, an ordinance to approve 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. The Planning Commission gave a favorable recommendation of this ordinance. Council President Burrell read the proposed ordinance. Planning Director Hunter Simmons briefly explained the proposed ordinance and mentioned the only change is Boarding House/Dormitory Use shall be removed as an allowable use from Table 3.1. Council President Burrell opened the Public Hearing at 6:27 p.m. No one present opposed the proposed ordinance, the Public Hearing closed at 6:27 p.m. Page 7 of 354 24 March 2025 In order to take immediate action, Councilmember Conyers moved for immediate consideration. Seconded by Councilmember Martin, motion for immediate consideration passed unanimously by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Councilmember Conyers then moved for final adoption of Ordinance No. 1825 Seconded by Councilmember Martin, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Councilmember Martin moved for final adoption of Ordinance No. 1826, an ordinance to amend Zoning Ordinance No. 1253 and 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. (Introduced at the March 10, 2025 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Councilmember Robinson moved for final adoption of Ordinance No. 1827, an ordinance to annex 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. (Introduced at the March 10, 2025 City Council Meeting) Seconded by Councilmember Martin, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Councilmember Martin moved for final adoption of Ordinance No. 1828, 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) Seconded by Councilmember Robinson, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Councilmember Conyers moved for final adoption of Ordinance No. 1829, 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) Seconded by Councilmember Martin, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, and Robinson. NAY - None. Page 8 of 354 24 March 2025 Councilmember Martin introduced in writing an ordinance to annexation 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. Due to lack of a motion for immediate consideration, this ordinance will layover until the April 14, 2025 City Council meeting. Council President Burrell questioned conditions on parcel and if anyone opposed zoning at the Baldwin County Commission meeting. Planning Director Hunter Simmons addressed the City Council to explain the Site Plan Review of property owned by Bon Aventure Too for Staggers Mixed-Use Property. 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). Councilmember Conyers moved to approve the Site Plan property owned by Bon Aventure Too listed above. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. 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 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5402-25 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. Authorize transfer from the General Fund to the Federal Grants Fund in the amount of $251,690.30. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 9 of 354 24 March 2025 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 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5403-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a Contract 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 Councilmember Robinson 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 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 10 of 354 24 March 2025 RESOLUTION NO. 5404-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, 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 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 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. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5405-25 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 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 11 of 354 24 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 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5406-25 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 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 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 12 of 354 24 March 2025 RESOLUTION NO. 5407-25 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 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 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a 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. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5408-25 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 13 of 354 24 March 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a 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. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5409-25 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 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 14 of 354 24 March 2025 RESOLUTION NO. 5410-25 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 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a 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). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5411-25 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 15 of 354 24 March 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5412-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, 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 will come from the Corrections Fund. ADOPTED ON THIS 24TH DAY OF MARCH, 2025 ___________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Robinson moved to grant the request of Friends of the Halstead, Inc. requesting permission for a 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. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. The following individuals spoke during Public Participation for Non-Agenda Items: 1) Jennings Wright, 114 Spring Run Drive, addressed the City Council and read letter that was sent to the Alabama Public Library Service with over 100 signatures. Mr. Wright said he was in favor of the Fairhope Public Library and staff. Page 16 of 354 24 March 2025 2) Sarah Bogdanovich, 618 Bellangee, addressed the City Council and said that John Wahl on February 7, 2025 said the Library was in compliance with the APLS. Ms. Bogdanovich is in favor of the Fairhope Public Library and staff. 3) Dev Wakeley, 8856 Lakeview Drive, addressed the City Council and told them not to believe the anti-Library group. He said they are trying to destroy the Library and it is public execution. Mr. Wakeley is in favor of the Fairhope Public Library and staff. 4) Caleb Whitehead, 20 Burlington Drive, addressed the City Council and said the Fairhope Public Library should be freely accessible for all. He said the legal age for marriage in Alabama is 16 years old. Mr. Whitehead said the Mom’s for Liberty group is destructive. Mr. Whitehead is in favor of the Fairhope Public Library and staff. Councilmember Robinson addressed the audience and asked for them to be respectful of each other; and not to call names or disrespect others when speaking to the City Council. 5) Mette McCall, 7190 Brodbeck Lane, addressed the City Council and mentioned one of the books that excerpts were read at the APLS meeting was “Sold” which has been on the Top 10 List and has won many awards. She said the book pertains to trafficking; and told the City Council that 86% of the $42,000.00 has been raised. Ms. McCall said they are protecting children from reality. Ms. McCall is in favor of the Fairhope Public Library and staff. 6) Roseanne Tebay, 21944 Veranda Boulevard, addressed the City Council regarding her seven year old child who has questioned her identity since she was three years old. Ms. Tebay said she was a victim of incest at a very young age; and wished books had been available back then to help her. Ms. Tebay is in favor of the Fairhope Public Library and staff. 7) Brent Wiles, 21307 Rolling Oaks Drive, addressed the City Council and said this is a small group of people associated with Mom’s for Liberty who are attempting censorship and to close the Library. He said this is anti - government group; and asked for the City Council to ignore this group. Mr. Wiles is in favor of the Fairhope Public Library and staff. 8) Gustavo Enrique, 219 Orleans Drive, addressed the City Council and said he is from Venezuela and came to America for democracy. He told the City Council he has read 22 of the 35 books that are in question; and said he did not find any pornography. Mr. Enrique said the individuals questioning the books have not read them. The books are about discrimination, racism, minorities, etc. Mr. Enrique is in favor of the Fairhope Public Library and staff. Page 17 of 354 24 March 2025 9) Cheryl Corvo, 20 Burlington Drive, addressed the City Council and commented Mr. Wahl ignored their letter and moved to pause funding without due process. She said our Fairhope Public Library is a model of excellence. Ms. Corvo is in favor of the Fairhope Public Library and staff. 10) Randal Wright, 137 Stratford, addressed the City Council and thanked them and the audience for their support. She introduced Library Director Rob Gourlay. Ms. Wright is in favor of the Fairhope Public Library and staff. 11) Rob Gourlay, Library Director and resident of Daphne, Alabama, addressed the City Council and announced the grand opening of the newly renovated part of the Library and the 125 Anniversary of the Fairhope Public Library. 12) Jada Pryor, 9376 Twin Beech Road, addressed the City Council and said being a mom living in Fairhope is a dream. Ms. Pryor commented she is in favor of the Fairhope Public Library and loves everyone. Ms. Pryor said she relies on the Library and its staff. 13) Elizabeth Williams, 702 Greenwood Avenue, addressed the City Council and thanked them for their support. She said the Library complied with the APLS; and we raised $35,000.00 in just four days. Ms. Williams is in favor of the Fairhope Public Library and staff. 14) Matthew Moon, 19760 Hunter Loop, addressed the City Council and thanked the City Council for supporting the Library. Mr. Moon is in favor of the Fairhope Public Library and staff. Councilmember Martin moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 7:38 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 354 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, 24 March 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, and Jay Robinson, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Councilmember Kevin Boone was absent. Council President Burrell called the meeting to order at 4:34 p.m. The following topics were discussed: • The first item on the Agenda was the Presentation by Principal Tonya Harrelson of J. Larry Newton Elementary. She said that last year the school grade was an 87 (“B”) and this year the school grade was a 92 (“A”). Principal Harrelson said that the increase was due to the 11 positions that were filled to enhance learning and academic achievement. She thanked the City Council for implementing the 3 mil tax for the schools. Councilmember Martin asked about a mental health worker for her school. The consensus of the City Council was congratulations for achieving an “A.” Principal Harrelson said the main problem is chronic absences which is 18 plus absences whether or not excused. She said the credit goes to her staff. • Councilmember Robinson mentioned the Historic Preservation Commission issue with the CLG Certification regarding language in the ordinance. Council President Burrell asked what is next for Historic Preservation; and mentioned the property across the street. He said we may in the next six to twelve months we may need a survey; and still preserve the character of our City. • Councilmember Martin mentioned the Recreation Board and the new president Mike Baugh, concession stand, fencing with pillars at the fields. He also mentioned the Feasibility Study and a possible Master Plan. • Mayor Sullivan addressed the City Council and said John Wahl reached out to her regarding the Fairhope Public Library funding. She said the APLS only paused the funding; and it was not cut. Mayor Sullivan said it was only $42,000.00 from the State; and Mr. Wahl will work with staff and find a resolution. She said we already received half of the funding; and the next amount will be in June. Councilmember Martin said that funds are sent out quarterly; and we have until June for next payment. Councilmember Robinson said two of the conditions have already been met. He said Mr. Wahl will meet with the Library staff and decide where the books should be shelved. Mayor Sullivan said the confusion is the definition of teen and minor. She said under the age of 18 is considered a minor per State law. Council President Burrell said he was a little perturbed not mad. He commented when a small group goes to Montgomery and pauses our Library funding, it did upset me. The City of Fairhope and the Fairhope Public Library was not given “Due Process.” He said there will always be disagreement on both sides of an issue; each has own opinion. Page 19 of 354 Monday, 24 March 2025 Page -2- Councilmember Robinson said there is a process for the Alabama Public Library Service; and if they tell us to move books, we will move books. Councilmember Martin said we do not have a rating for books like we do movies. Councilmember Conyers said he has seen PG movies that may not be suitable for his children and has seen R movies that may be suitable. He said some are good and some are bad for minors. Mayor Sullivan commented that these books were not on the APLS agenda. She said it was brought up under Public Participation. Mayor Sullivan thanked the Library Board and staff for all of their service. Library Director Rob Gourlay said they have moved five books since January; and want to know what we are required to do from the APLS. Library Board member Randal Wright addressed the City Council regarding the new consent forms from parents for access for their children. She said 539 forms have been completed with 276 parents giving their children full access to books (51 percent). • Recreation Director Pat White addressed the City Council regarding Agenda Items No. 9, No. 16, No. 17, and No. 18; and answered any questions if needed. Council President Burrell stated he wants to pull Agenda Item No. 18 until our consultant has time to review. Councilmember Robinson thanked Mr. White and his staff for their work during the fundraiser and keeping fields clean. • City Engineer Richard Johnson addressed the City Council and gave an update on the following: Knoll Park addition has been completed; roundabout at Section and Triangle; White Avenue Park; Storm Water Inventory; Flying Creek Nature Preserve; TAP Grant for Blue Island sidewalks. Mr. Johnson addressed Agenda Items No. 12, No. 14, and No. 15; and answered any questions if needed. • Human Resources Director Hannah Noonan addressed the City Council regarding Agendas Item No. 20 and No. 21; and answered any questions if needed. She also gave an update regarding the HR Department. • Gas Superintendent Wes Boyett addressed the City Council and gave an update on Cast Iron Replacement; Gas Line down Marianne Beach Road; I-10 Gas Pipe on hold and will work with ALDOT for possibly reimbursement. He addressed the City Council regarding Agenda Item No. 13; and answered any questions if needed. • IT Director Jeff Montgomery addressed the City Council regarding Agenda Item No. 23; and answered any questions if needed. • City Treasurer Kim Creech addressed the City Council regarding Agenda Items No. 22, and No. 19 for Quail Creek; and answered any questions if needed. Councilmember Martin questioned the APR escalator at 6 percent annually; and said he is making this transparent. • Police Chief Stephanie Hollinghead addressed the City Council regarding Agenda Item No. 24; and answered any questions if needed. • Planning Director Hunter Simmons addressed the City Council regarding Agenda Items No. 6, No. 7, No. 10 and No. 11; and answered any questions if needed. Page 20 of 354 Monday, 24 March 2025 Page -3- There being no further business to come before the City Council, the meeting was duly adjourned at 5:55 p.m. ______________________________ Jack Burrell, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 354 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: April 14, 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: Questions were raised in the last meeting about the history of this property and how it came to be zoned by Baldwin County. Planning District 8 was previously un-zoned. On July 19, 2022, the County Commission adopted zoning for Planning District 8 and the subject property received its current zoning. The City's B-1 zoning is more harmonious with the adjacent residential neighborhoods than the current zoning. I don't recommend any restricted uses in this zoning case. However, as part of other zoning amendments, we will be suggesting removing certain uses in B-1, such as townhomes. Those suggestions could be adopted in the 9-month period we are working under for zoning amendments. At this time, the owner desires to build a restaurant, which would have to have Board of Zoning Adjustment approval, complete with a site plan. We have not begun a review of the site plan, but, in general, the staff do not feel a fast food restaurant with drive-thrus would be appropriate. However, a sit-down restaurant does not appear to conflict with our comprehensive plan, assuming all site conditions are met. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 22 of 354 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 23 of 354 ORDINANCE NO. ____ WHEREAS, CASA AZUL FAIRHOPE, 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 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 18348 Greeno Road, Fairhope, Alabama. LEGAL DESCRIPTION: TAX PARCEL 46-08-28-0-000-017.001 From the Southwest corner 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 01 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 of record, 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 24 of 354 Ordinance No. _____ Page -2- This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 14TH DAY OF APRIL, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 14TH DAY OF APRIL, 2025 ______________________________ Sherry Sullivan, Mayor Page 25 of 354 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 26 of 354 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 27 of 354 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 28 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1413 FROM: Bobby Hall, Golf Pro Pat White, PARKS & RECREATION DIRECTOR SUBJECT: Franchise Agreement Coca-Cola Bottling Company United-Central, LLC to operate Beverage Vending and Concession Machines specified in Bid No. 25-015, Beverage Vending and Concession Annual Contract - Three Years. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council grants the Franchise Agreement Coca-Cola Bottling Company United-Central, LLC to operate Beverage Vending and Concession Machines specified in Bid No. 25-015, Beverage Vending and Concession Annual Contract - Three Years. BACKGROUND INFORMATION: Previous Council Action: Resolution No. 5408-25 Adopted by Council March 24, 2025 approved the negotiated contract price and terms and conditions for Bid No. 25-015 Beverage Vending and Concession Annual Contract. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 29 of 354 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 30 of 354 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 Coca-Cola Bottling Company United – Central, LLC for a franchise agreement to operate Beverage Vending Machines at the following location described: in locations specified in Bid No. 25-015, Beverage Vending and Concession Annual Contract - Three Years, and it is to be in the best interest of the public and the City of Fairhope, Alabama, to grant a franchise to Coca- Cola Bottling Company United 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 14TH DAY OF APRIL, 2025 __________________________________ Jack Burrell, Council President ATTEST: ________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 14TH DAY OF APRIL, 2025 __________________________________ Sherry Sullivan, Mayor Page 31 of 354 ATTACHMENT B FRANCHISE AGREEMENT This Agreement is made and entered into by and between the City of Fairhope , 1 1--l- Alabama ("City") a mun icipal corporation and UL~ -Co\a.. eio:±R\\l.'b c..o...,(??'>~ \.,lv.,.:\:tJ, ~t,I\~ , L- ("Grantee "). . RECITALS Grantee is ~ sole propriet%-with a principal place of business at 2/tsfXJ b l.ti./:L kl ~""ifnhtUri Fai,h•~•. AL 36532.,,,_ Grantee is engaged in the business of (5 e J _IL \}~U)i9J\I\ ~ 3 sz..t 7 to the public . Grantee proposes to installnd operate ~f.l/VtLIL lltJl"li~ \M c,c.W r10 at the Se ~' 1\til r 1~ 6,1u-s:tm S . Grantee req3'ests that e City grant to Grantee a franchA,e to intall, maintain and pperate this business on public property at the a.~ttLi1. 11G~o\l\ \)w~'.t~ \o(.,4'\-~o"'-S 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 franchise has been granted l OLI~. lo\o... ~c,4\-\,.._~ lo"'I~ \). Yl~<~-Ui/\-ttv..\ ~ kk C , u,JtJ ... lt<-\ 'tt'L\ \ \ t.,1.-l- mean (.PL~ Lo\1o. ~'0-\\\\~ LoW\QO"'~ to whom a by the City or anyone who succeeds . in accordance with the provisions of the franchise . City of Fairhope - Fran chise Agree ment Page 1 of 9 Page 32 of 354 (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 mear, the geographical area within City of Fairhope and specifically defined as follows: Cl~ \2,,,,d l o \Uc.Jl~IA{_, L o t.4,~'-oA S> 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. City of Fairhope -Franchise Agreement Page 2 of 9 Page 33 of 354 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 City of Fairhope -Franchise Agreement Page 3 of9 Page 34 of 354 (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. Fai ure on the part of the Grantee to commence and diligently pursue _.!L,!~~~~,L.U.'J./11.J~~-----or failure to commence operation after 90 days from the c mencem t of this agreement shall be grounds for termination of the fran ise. The ity ay extend the time for the commencement and completion of __,r...,::.,=.::::......;.::4=:..__.IL-==-'-4'c.__ for additional periods in the event the Grantee, acting in good faith, xperience elays by reasons of circumstances beyond her control. (d) The {J,J~ c/Jd,~ 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 . City of Fairhope -Franchise Agreement Page 4 of9 Page 35 of 354 Section 3.3 OPERATION AND MAINTENANCE (a) The Grantee shall install and maintain -~~~.;;_U1..:;..._~~c ~-[ .... ~ ..... ¼~J ........ ,\ ..... 1!)-~- in a prudent and reasonable manner. u {) (b) Failures or malfunctions of the a.. shall be corrected by the Grantee promptly after notice of such fa re or malf tion 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 an pr"vilege to inspect the installation, operation and maintenance of the .....,~U-.:::...::'tl\--L-<-"'"""'"44-lc.=..i~- by the Grantee in order to satisfy itself as to the proper performan 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 City of Fairhope -Franchise Agreement Page 5 of9 Page 36 of 354 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 _.,,.::....>d.......,,~,..a......--4,u..,,=~~----' whether by force or voluntary sale, lease, assignment, for osure, atta ent, merger, or any other form of disposition, shall occur or be considered valid wi out 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: City of Fairhope -Franchise Agreement Page 6 of9 Page 37 of 354 (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 City of Fairhope -Franchise Agreement Page 7 of9 Page 38 of 354 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 lo er period s the City may permit, to negotiate the sale of its 'l/'o.. ' within the City to another provider at a price acceptabl / to the Gran e, 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 a pointed to d termine the fair market value of the Grantee 's -1.::r'~.=....;-.,.,"'---..lool<.-l'H--'-\~~--· The appointment of said expert shall be by mutual agreem between the ity 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 Ci . Upon d er ination of the fair market value of the Grantee's ......... '-'-""'-=<-~"-"----"'""""""""""-"-', .......,,.""-----the appoint independent expert, the its , ' to any entity which • h h d the appr al of the City to purchase Section 5.4 REMOVAL AND ABANDONMENT OF PROPERTY (a) If the use of any part of Grantee's (.,,L.'"""-":::.......;'-A--":::..-1,,µ....,<-LILl=~-is d"scontinued fo an reason for a continuous period of twelve 2) months , if such <.Llo~=-';l',>-<---1.,<.>od<..L&LX:...:..:A--does not comply with the requirements of these rules and regulati s, or if Gr n ee'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. City of Fairhope -Franchise Agreement Page 8 of9 Ouc-~~f '-«.t1"0-t-ht- f'c.5 o lJ.. ~ J Bt.,\o"'6S tD C.oCJL. (o\o.. ~ ', (p\A,\p~~ v._,.._j{-J C..M+ft-1. \ ' (.. t. C.. Co\.+ o. tl -B~-t Page 39 of 354 IN WITNESS WHEREOF, the Parties have hereunto set their respective signatures and seals on the __ day of ____ , 20_. Attest: ------------Lis a A. Hanks, ~MC City Clerk City of Fairhope-Franchise Agreement Page 9 of9 THE CITY OF FAIRHOPE, ALABAMA By: _____________ _ Sherry Sullivan, Mayor By: ______._.._.[ll_oJ1 ............... J. "---"-/l --u ,Grantee Page 40 of 354 ' 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 Mun icipal Park including : Stadium . High School Baseball, Yo uth Baseba ll, 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 Page 41 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1429 FROM: Jack Burrell, Council President Sherry Sullivan, Mayor SUBJECT: An Ordinance to amend Ordinance No. 1820 Section 5. Covenants: c) of Lease Agreement with Hope Community by adding the following language: Notwithstanding the terms and conditions of this provision, the Tenant may sublease certain portions of the property only with the express written consent of the Governing Body of the City of Fairhope. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council adopts Ordinance to amend Ordinance No. 1820 Section 5. Covenants: c) of Lease Agreement with Hope Community by adding the following language: Notwithstanding the terms and conditions of this provision, the Tenant may sublease certain portions of the property only with the express written consent of the Governing Body of the City of Fairhope. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 42 of 354 For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 43 of 354 ORDINANCE NO. _____ AN ORDINANCE TO AMEND ORDINANCE NO. 1820 SECTION 5. COVENANTS: C) OF LEASE AGREEMENT WITH HOPE COMMUNITY BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. The Lease Agreement between the City of Fairhope and Hope Community is hereby amended to reflect the following addition: Section 5. Covenants: c) TENANT shall not assign, sublease, underlet, part with the possession of or transfer the Premises or any part thereof or any interest therein or permit or suffer any arrangement or transaction whereby any person, entity or vendor who is not a party to this Lease Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor. The Lease Agreement created hereby shall be personal to the entity named in this lease only. Notwithstanding the terms and conditions of this provision, the Tenant may sublease certain portions of the property only with the express written consent of the Governing Body of the City of Fairhope. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 14TH DAY OF APRIL, 2025 ________________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 14TH DAY OF APRIL, 2025 ________________________________ Sherry Sullivan, Mayor Page 44 of 354 LEASE AGREEMENT 1. PARTIES: This Lease Agreement (this “LEASE”) is made and entered to be effective as of January 27, 2025, by and between the CITY OF FAIRHOPE, an Alabama municipal corporation (“LESSOR”), and HOPE COMMUNITY, an Alabama non-profit corporation (“TENANT”). 2. TERM OF LEASE: This LEASE shall commence on February 5, 2025, and shall run for an initial term of five (5) years therefrom (the “TERM”). 3. PREMISES: LESSOR hereby leases to TENANT the premises as described and depicted on the attached Exhibit A, containing 12.74 acres, more or less (hereinafter, the “PREMISES”), located at the intersection of Twin Beech and South Section Street, Fairhope, Alabama 36532. 4. RENT: The annual rent shall be One Dollar ($1.00) per year. 5. COVENANTS: a) TENANT agrees to pay said rent in full (Five dollars) for the TERM of this LEASE at the commencement of the TERM. b) TENANT agrees to use and occupy the PREMISES for the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtures unity, relationships through food, healing and education, and for no other object or purpose without the written consent of the LESSOR. c) TENANT shall not assign, sublease, underlet, part with the possession of or transfer the Premises or any part thereof or any interest therein or permit or suffer any arrangement or transaction whereby any person, entity or vendor who is not a party to this Lease Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor. The Lease Agreement created hereby shall be personal to the entity named in this lease only. Notwithstanding the terms and conditions of this provision, the Tenant may sublease certain portions of the property only with the express written consent of the Governing Body of the City of Fairhope. d) TENANT shall at all times keep the PREMISES in a reasonably neat, orderly and sanitary condition and shall keep the entryways adjoining the PREMISES reasonably clean and free from rubbish and dirt. TENANT will not make or suffer any waste of the PREMISES or permit anything to be done in or upon the PREMISES creating a nuisance thereon, and TENANT further agrees to permit the LESSOR or its agents at all reasonable times to enter upon the PREMISES for examining or showing the same to prospective customers of LESSOR. [TENANT shall be responsible for the cost of initial landscaping installation. Said initial landscaping plans and installation shall be coordinated with City staff.] The TENANT further covenants and agrees to keep the grounds and exterior area adjoining the PREMISES in a reasonably clean and sanitary condition and shall conduct routine lawn maintenance on the PREMISES and be responsible for landscaping as part of the course of routine maintenance. Page 45 of 354 e) TENANT agrees that the PREMISES shall revert back to the LESSOR if the Tenant violates any term and/or condition of this agreement, declares Bankruptcy, becomes insolvent or otherwise ceases to carry out the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtures unity, relationships through food, healing and education. Any reversion determination pursuant to this paragraph shall be at the sole discretion of the Governing Body of the City of Fairhope. If reversion occurs, TENANT shall be refunded its prorated lease payment only. f) TENANT agrees to surrender possession of the PREMISES upon termination of this LEASE (or any extension hereof) in as good condition as when received, reasonable wear and tear excepted. Upon surrender or termination, all attached trade fixtures and other attached furniture, fixtures and equipment shall become the property of the LESSOR. If, during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall partially be damaged by fire or other casualty, the same shall be repaired with all proper speed at the expense of the LESSOR unless the LESSOR and TENANT shall mutually agree in writing within sixty (60) days after such damage to terminate this LEASE. However, during the TERM of this LEASE, or any renewal or extension thereof, should the PREMISES be damaged by fire or casualty so that the PREMISES are rendered totally unfit for occupancy and cannot be restored within 120 days, then at the option of either the LESSOR or TENANT, this LEASE may be terminated from the date of such damage by either party giving written notice to the other party of such cancellation within sixty (60) days following such damage; and upon such termination, TENANT shall immediately surrender the PREMISES to LESSOR who may enter and repossess the PREMISES. In the event during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall be rendered unfit for occupancy but can be restored within 120 days, then LESSOR, at LESSOR’s expense, shall promptly restore the PREMISES to its former condition (not including TENANT improvements). g) TENANT shall pay all charges and bills for water, gas, electricity, and such other utilities as may be assessed or charged against TENANT during the TERM. h) TENANT shall have the right and privilege to renovate, remodel, construct and build or install in the PREMISES any trade fixture, equipment, and structures as may be determined necessary in TENANT’s sole discretion. All such trade fixtures, equipment, and structures of every kind and nature used in PREMISES supplied and installed at the sole cost and expense of the TENANT shall at all times be and remain the property of the TENANT, and TENANT shall have the right to remove all or any part of the trade fixtures from the PREMISES at any time; provided, however, that TENANT shall repair or reimburse LESSOR for the cost of repairing any damage to the PREMISES resulting from the removal of any such trade fixture. LESSOR shall have no obligation to perform any improvements whatsoever. i) TENANT SPECIFICALLY ACKNOWLEDGES that in the event of a natural disaster, the LESSOR prioritizes repairs and services to City infrastructure and facilities first and no real or perceived delay in repairs to the PREMISES shall be construed as an abandonment of the terms and conditions of this LEASE. 6. HOLD OVER TERM: If the TENANT remains in possession beyond the expiration of this LEASE, or any extension or renewal hereof, and negotiation of rent or demand to quit the PREMISES has been given, such holding over shall be deemed a month-to-month tenancy at the same renewal and terms as were in effect at the time such holding over takes place. Page 46 of 354 7. CANCELLATION PRIVILEGE: It is expressly understood and agreed by the parties hereto that the TENANT shall have the option to terminate this LEASE at the end of any fiscal year in the event fails to appropriate funding to fully comply with the TENANT’s responsibilities. TENANT may otherwise terminate this LEASE for any reason at the end of any calendar year upon one (1) months’ notice. 8. SUBORDINATION: The TENANT’s rights under this LEASE shall remain subordinate to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the PREMISES; provided that the TENANT’s tenancy shall not be disturbed, nor shall the covenants and conditions of this LEASE be invalidated or changed. 9. DEFAULT: If at any time one party shall default in any of its covenants or obligations under this LEASE, the other party shall give written notice of the nature of the default. If the default cannot be cured within a reasonable period, the aggrieved party may cancel this LEASE without further obligation. 10. RENEWAL: This LEASE may be renewed for two additional five (5) year periods, by TENANT’s giving LESSOR at lease ninety (90) days’ written notice prior to the expiration date of the TERM, or any renewal or extension thereof, of its intention to so renew or extend, upon all the same terms and conditions as herein stated, provided that such renewal or extension is mutually agreeable to both LESSOR and TENANT in writing. 11. NOTICES: All rent payments due hereunder shall be made to, and notices required to be given to LESSOR hereunder, shall be sent to LESSOR at LESSOR’s address, and such other address as LESSOR may direct from time to time by written notice to TENANT. All notices required to be given by LESSOR or TENANT hereunder shall be sent to TENANT at TENANT’s address, or to such address as TENANT may direct from time to time by written notice to LESSOR. 12. BENEFIT: This LEASE and all of the covenants and provision herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Each provision hereof shall be deemed both a covenant and condition and shall run with the land. 13. INTEGRATION AND WAIVER: This written LEASE contains the entire agreement of the parties hereto with reference to the leasing of said PREMISES, except as may be further amended or modified in writing between the parties. No waiver of any breach of covenant herein contained shall be construed as a waiver of the covenant itself or any subsequent breach thereof. 14. INSURANCE: TENANT will provide for itself, its officers, trustees, employees, and agents general liability insurance for bodily injury, wrongful death or property damage naming the City of Fairhope as an also insured and shall also provide insurance to cover contents and fixtures. A letter of verification of said insurance will be provided setting forth the limits of liability and designation of policy years. It is further agreed and understood by the parties that the TENANT is not herein and will not provide any type of insurance for the protection of the building from fire or casualty. Further it is understood by the parties and agreed to that the insurance on the building included in the PREMISES is the sole responsibility of the CITY OF FAIRHOPE, and the TENANT by entering into this LEASE assumes no responsibility for insuring the protection of said building. At all times after the execution of this LEASE, the LESSOR through its own expense will maintain insurance against loss or damage to said building, which coverage will be based on the value of said building only. Page 47 of 354 15. LESSOR and TENANT agree the parking lot, contiguous sidewalks, sidewalks and contiguous surface drives are to be considered part of the leased premises for non-exclusive use by TENANT during TENANT’S normal operating business hours. The Lessor assumes no responsibility for and makes no representations regarding the condition of said areas and Tenant takes all of the leased, described or devised areas enumerated herein as is and where is. LESSOR reserves the right to limit or restrict parking lot access during certain limited special events. 16. BUILDING MAINTENANCE: LESSOR and TENANT agree TENANT shall be responsible for all maintenance, repair and replacement of all mechanical, electrical, roofing and plumbing systems associated with the PREMISES throughout the TERM. TENANT agrees to take the building and premises as is where is and LESSOR makes no warranties or guarantees as to the safety, functionality or suitability of any mechanical, electrical, plumbing or other building system including roofing, HVAC, electrical, plumbing, etc. After turnover, LESSOR shall not be required to repair or replace any mechanical, electrical or plumbing system damage. LESSOR may at its discretion repair damage caused by negligent or willful acts of the TENANT, its agents, employees, or invitees and charge back TENANT for said repair or replacement. 17. LANDLORD/TENANT GENERAL RESPONSIBILITIES: (N/A). 18. TENANT is required to obtain all permits for code compliant repair, construction or improvement on the PREMISES with the understanding that certain fees may be waived at the sole discretion of the City of Fairhope. 19. RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT: TENANT does hereby completely and fully release, remise, acquit, and discharge forever LESSOR, and its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, suits, costs, personal injury, wrongful death, damages, expenses, compensation, and liability of every kind, character, and description, either direct or consequential, at law or in equity, of whatever kind or nature, including, but not limited to, claims in contract, tort or equity that have arisen or may arise, directly or indirectly, in connection with the TENANT’s use of the PREMISES including but not limited to the building, sidewalks, adjacent parking areas, drives and to the unleased portions of the building and its exterior including exterior grounds, sidewalks, parking, etc. To the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees for claims for personal injury, wrongful death, property damage, loss, damage, or injury of any kind or character to any person or property arising from the use of the PREMISES by the TENANT, its members, agents, employees, or invitees or their respective use of the unleased areas and exterior grounds, sidewalks, parking, etc. Additionally, to the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR’s loss or expense, including reasonable attorney fees, against all claims caused by or arising from any act or omission of the LESSOR, its agents, servants and/or employees. 20. GOVERNING LAW: This LEASE shall be governed by and interpreted under the laws of the State of Alabama. [Signatures on Following Page] Page 48 of 354 [Signature Page for Lease Agreement between CITY OF FAIRHOPE and HOPE COMMUNITY] IN WITNESS WHEREOF, the parties have caused this amended Lease Agreement to be executed on April 14, 2025 with the original term of the lease commencing as previously executed. LESSOR: CITY OF FAIRHOPE, an Alabama Municipal Corporation Sherry Sullivan, Mayor ATTEST: Lisa A. Hanks, MMC City Clerk TENANT: HOPE COMMUNITY, an Alabama non-profit corporation Name: Its: Page 49 of 354 ORDINANCE NO. 1820 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , AS FOLLOWS : SECTION 1. It is hereby established and declared that the following described real property of the City of Fairhope , Alabama , is not needed for public or municipal purposes during the term of this lease, to-wit: FROM THE POINT OF COMMENCEMENT AT THE SOUTHEAST CORNER SECTION 19 , TOWNSHIP 6 SOUTH , RANGE 2 EAST ; RUN NORTH, ALONG THE CENTERLINE OF SOUTH SECTION STRE ET,± 29 .7 FEET TO A POINT ; THENCE RUN WEST , ± 39.5 FEET TO THE POINT OF BEGINNING (POB); THENCE RUN S 89 °28'49" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF TWIN BEECH ROAD (CR44), ± 624.5 FEET TO A POINT ; THENCE RUN N 00 °35'02" W, LEAVING SAID RIGHT-OF-WAY , ± 1292.4 FEET TO A POINT ; THENCE RUN EAST , ± 358 .8 FE ET TO A POINT ; THENC E RUNS 00 °43 '42 " W, ± 668.7 FEET TO A POINT ; THENCE RUN N 89 °50 '18 " E, ± 108 .2 FEET TO A POINT ; THENCE RUN SOUTH , ±391.8 FEET TO A POINT ; THENCE RUN EAST , ±182 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SOUTH SECTION STRE ET; THENCE RUNS 00 °43 '31 ", ALONG SAID RIGHT-OF-WAY , ±226.5 FEET TO THEPOINT OF BEGINNING ; CONTAINING 12.74 ACRES , MORE OR LESS , LYING IN SECTION 19 , TOWNSHIP 6 SOUTH , RANGE 2 EAST , BALDWIN COUNTY , ALABAMA. SECTION 2. The City of Fairhope , Alabama, having received an offer from Hope Community to lease that real property described in Section 1, above , it is hereby declared to be in the best interest of the public and the City of Fairhope, Alabama , to lease said real property to Hope Community under the following terms and conditions, to-wit: The leased property to be used only for the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails , administrative offices and generally a business that nurtures unity , relationships through food, healing and education, and for no other object or purpose without the written consent of the City of Fairhope, for the term of five (5) years for the minimum yearly rent of $1.00 payable as specified in lease . Option to renew or extend lease is specified in Article 10 . SECTION 3. Pursuant to the authority granted by Section 11-47-21 of the Code of Alabama of 1975 , the Mayor of the City of Fairhope, Alabama, is hereby directed to execute said lease agreement in the name of the City of Fairhope , Alabama. SECTION 4. The sections , paragraphs , sentences , clauses and phrases of this ordinanc e 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 th e same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase , clause, sentence , paragraph or section. Page 50 of 354 Ordinance No. 1820 Page -2- SECTION 5. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 27TH DAY OF JANUARY, 2025 ATTEST: ~~ City Clerk Page 51 of 354 LEASE AGREEMENT 1. PARTIES: This Lease Agreement (this "LEASE") is made and entered to be effective as of January 27, 2025, by and between the CITY OF FAIRHOPE, an Alabama municipal corporation ("LESSOR"), and HOPE COMMUNITY, an Alabama non-profit corporation ("TENANT"). 2. TERM OF LEASE: This LEASE shall commence on /ii.r/ 5" an initial term of five (5) years therefrom (the "TERM"): __, 2025, and shall run for 3. PREMISES : LESSOR hereby leases to TENANT the premises as described and depicted on the attached Exhibit A, containing 12.74 acres, more or less (hereinafter, the "PREMISES "), located at the intersection of Twin Beech and South Section Street, Fairhope , Alabama 36532 . 4 . RENT: The annual rent shall be One Dollar ($1.00} per year . 5. COVENANTS : a) TENANT agrees to pay said rent in full (Five dollars) for the TERM of this LEASE at the commencement of the TERM. b) TENANT agrees to use and occupy the PREMISES for the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtures unity, relationships through food, healing and education, and for no other object or purpose without the written consent of the LESSOR . c) TENANT shall not assign, sublease, underlet, part with the possession of or transfer the Premises or any part thereof or any interest therein or permit or suffer any arrangement or transaction whereby any person , entity or vendor who is not a party to this Lease Agreement obtains the use, possession, occupation or enjoyment of the Premises or any part thereof irrespective of whether any rental or other consideration is given therefor. The Lease Agreement created hereby shall be personal to the entity named in this lease only. d) TENANT shall at all times keep the PREMISES in a reasonably neat, orderly and sanitary condition and shall keep the entryways adjoining the PREMISES reasonably clean and free from rubbish and dirt. TENANT will not make or suffer any waste of the PREMISES or permit anything to be done in or upon the PREMISES creating a nuisance thereon, and TENANT further agrees to permit the LESSOR or its agents at all reasonable times to enter upon the PREMISES for examining or showing the same to prospective customers of LESSOR. [TENANT shall be responsible for the cost of initial landscaping installation. Said initial landscaping plans and installation shall be coordinated with City staff.] The TENANT further covenants and agrees to keep the grounds and exterior area adjoining the PREMISES in a reasonably clean and sanitary condition and shall conduct routine la wn maintenance on the PREMISES and be responsible for landscaping as part of the course of routine maintenance. e) TENANT agrees that the PREMISES shall revert back to the LESSOR if the Tenant violates any term and/or condition of this agreement, declares Bankruptcy, becomes inso lvent or otherwise ceases to carry out the purpose of carrying on as a community center, cultural center, teaching farm and kitchen, gardens and walking trails, administrative offices and generally a business that nurtu r es unity, Page 52 of 354 relationships through food, healing and education . Any reversion determination pursuant to this paragraph shall be at the sole discretion of the Governing Body of the City of Fairhope. If reversion occurs, TENANT shall be refunded its prorated lease payment only. f) TENANT agrees to surrender possession of the PREMISES upon termination of this LEASE (or any extension hereof) in as good condition as when received , reasonable wear and tear excepted. Upon surrender or termination , all attached trade fixtures and other attached furniture, fixtures and equipment shall become the property of the LESSOR . If, during the TERM of this LEASE , or any renewal or extension thereof, the PREMISES shall partially be damaged by fire or other casualty, the same shall be repaired with all proper speed at the expense of the LESSOR unless the LESSOR and TENANT shall mutually agree in writing within sixty {60) days after such damage to terminate this LEASE. However, during the TERM of this LEASE , or any renewal or extension thereof, should the PREMISES be damaged by fire or casualty so that the PREMISES are rendered totally unfit for occupancy and cannot be restored within 120 days, then at the option of either the LESSOR or TENANT, this LEASE may be terminated from the date of such damage by either party giving written notice to the other party of such cancellation within sixty {60) days following such damage ; and upon such termination, TENANT shall immediately surrender the PREMISES to LESSOR who may enter and repossess the PREMISES . In the event during the TERM of this LEASE, or any renewal or extension thereof, the PREMISES shall be rendered unfit for occupancy but can be restored within 120 days, then LESSOR, at LESSOR's expense , shall promptly restore the PREMISES to its former condition (not including TENANT improvements). g) TENANT shall pay all charges and bills for water, gas, electricity, and such other utilities as may be assessed or charged against TENANT during the TERM. h) TENANT shall have the right and privilege to renovate, remodel, construct and build or install in the PREMISES any trade fixture, equipment, and structures as may be determined necessary in TENANT's sole discretion. All such trade fixtures, equipment, and structures of every kind and nature used in PREMISES supplied and installed at the sole cost and expense of the TENANT shall at all times be and remain the property of the TENANT, and TENANT shall have the right to remove all or any part of the trade fixtures from the PREMISES at any time; provided, however, that TENANT shall repair or reimburse LESSOR for the cost of repairing any damage to the PREMISES resulting from the removal of any such trade fixture. LESSOR shall have no obligation to perform any improvements whatsoever . i) TENANT SPECIFICALLY ACKNOWLEDGES that in the event of a natural disaster, the LESSOR prioritizes repairs and services to City infrastructure and facilities first and no real or perceived delay in repairs to the PREMISES shall be construed as an abandonment of the terms and conditions of this LEASE. 6. HOLD OVER TERM: If the TENANT remains in possession beyond the expiration of this LEASE, or any extension or renewal hereof, and negotiation of rent or demand to quit the PREMISES has been given, such holding over shall be deemed a month-to-month tenancy at the same renewal and terms as were in effect at the time such holding over takes place . 7. CANCELLATION PRIVILEGE : It is expressly understood and agreed by the parties hereto that the TENANT shall have the option to terminate this LEASE at the end of any fiscal year in the event fai ls to appropriate funding to fully comply with the TENANT's responsibilities . TENANT may otherwise terminate this LEASE for any reason at the end of any calendar year upon one {1) months' notice. Page 53 of 354 8. SUBORDINATION: The TENANT's rights under this LEASE shall r emain subordinate to any bona fide mortgage or deed to secure debt which is now or may hereafter be placed upon the PREMISES ; prov ided that the TENANT's tenancy shall not be disturbed , nor shall the covenants and conditions of this LEASE be invalidated or changed . 9. DEFAULT: If at any time one party shall default in any of its covenants or obligations under this LEASE , the other party shall give written notice of the nature of the default. If the default cannot be cured within a reasonable period, the aggrieved party may cancel this LEASE without further obligat io n. 10. RENEWAL : This LEASE may be renewed for two additional five (5) year periods, by TENANT's giv i ng LESSOR at lease ninety {90) days ' written notice prior to the expiration date of the TERM , or any renewal or extension thereof, of its intention to so renew or extend, upon all the same terms and conditions as herein stated, provided that such renewal or extension is mutually agreeable to both LESSOR and TENANT in writing . 11. NOTICES : All rent payments due hereunder shall be made to, and notices required to be given to LESSOR hereunder, shall be sent to LESSOR at LESSOR's address, and such other address as LESSOR may direct from time to time by written notice to TENANT . All notices required to be given by LESSOR or TENANT hereunder shall be sent to TENANT at TENANT's address, or to such address as TENANT may direct from time to time by written notice to LESSOR. 12. BENEFIT: This LEASE and all of the covenants and provision herein shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto . Each provision hereof shall be deemed both a covenant and condition and shall run with the land . 13 . INTEGRATION AND WAIVER : This written LEASE contains the entire agreement of the parties hereto with reference to the leasing of said PREMISES, except as may be further amended or modified in writing between the parties. No waiver of any breach of covenant herein contained shall be const r ued as a wa iver of the covenant itself or any subsequent breach thereof. 14. INSURANCE: TENANT will provide for itself, its officers, trustees, employees, and agents general liability insurance for bodily injury, wrongful death or property damage naming the City of Fairhope as an also insured and shall also provide insurance to cover contents and fixtures. A letter of verification of said insurance will be prov ided setting forth the limits of liability and designation of policy years . It is further agreed and understood by the parties that the TENANT is not herein and will not provide any type of insurance for the protection of the building from fire or casualty . Further it is understood by the parties and agreed to that the insurance on the building included in the PREMISES is the sole responsibility of the CITY OF FAIRHOPE, and the TENANT by entering into this LEASE assumes no responsibility for insuring the protection of said building . At all times after the execution of this LEASE , the LESSOR through its own expense will maintain insurance against loss or damage to said building, which coverage will be based on the value of said building only. 15 . LESSOR and TENANT agree the parking lot, contiguous sidewalks, sidewalks and contiguous surface drives are to be considered part of the leased premises for non-exclusive use by TENANT during TENANT'S normal operating business hours . The Lessor assumes no responsibility for and makes no representations regarding the condition of said areas and Tenant takes all of the leased, described or Page 54 of 354 devised areas enumerated herein as is and where is. LESSOR reserves the right to limit or restrict parking lot access during certain limited specia l events . 16. BUILDING MAINTENANCE: LESSOR and TENANT agree TENANT shall be responsible for all maintenance, repair and replacement of all mechanical, electrical, roofing and plumbing systems associated with the PREMISES throughout the TERM. TENANT agrees to take the building and premises as is where is and LESSOR makes no warranties or guarantees as to the safety, functionality or suitability of any mechanical, electrical, plumbing or other building system including roofing, HVAC , electrical, plumbing, etc. After turnover, LESSOR shall not be required to repair or replace any mechanical, electrical or plumbing system damage . LESSOR may at its discretion repair damage caused by negligent or willful acts of the TENANT, its agents, employees, or invitees and charge back TENANT for said repair or replacement . 17. LANDLORD/TENANT GENERAL RESPONSIBILITIES: {N/A). 18. TENANT is required to obtain all permits for code compliant repair, construction or improvement on the PREM ISES with the understanding that certain fees may be waived at the sole disc retion of the City of Fairhope. 19 . RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT : TENANT does hereby completely and fully release, remise, acquit, and discharge forever LESSOR, and its officers, agents, and employees , of and from any and all claims, demands, actions, causes of action, suits, costs, personal injury, wrongful death, damages, expenses, compensation, and liability of every kind, character, and description, either direct or consequential, at law or in equity, of whatever kind or nature , including, but not limited to, claims in contract, tort or equity that have arisen or may arise , directly or indirectly, in connection with the TENANT's use of the PREMISES including but not limited to the building, sidewalks, adjacent parking areas, drives and to the unleased portions of the building and its exterior including exterior grounds, sidewalks, parking, etc. To the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR's loss or expense , including reasonable attorney fees for claims for personal injury, wrongful death, property damage, loss , damage, or injury of any kind or character to any person or property arising from the use of the PREMISES by the TENANT, its members, agents , employees, or invitees or their respective use of the unleased areas and exterior grounds, sidewalks, parking, etc. Additionally, to the extent allowed by law, TENANT shall indemnify and hold harmless LESSOR from LESSOR's loss or expense, including reasonable attorney fees, against all claims caused by or arising from any act or omission of the LESSOR, its agents, servants and/or employees. 20 . GOVERNING LAW : This LEASE shall be governed by and interpreted under the laws of the State of Alabama . [Signatures on Following Page] Page 55 of 354 [Signature Page for Lease Agreement between CITY OF FAIRHOPE and HOPE COMMUNITY] IN WITNESS WHEREOF, the part ies have caused this Lease Agreement to be executed on the date first above written . ATTEST: LESSOR: CITY OF FAIRHOPE, an Alabama Municipal Corporation TENANT: HOPE COMMUNITY, an Alabama non-profit £:lJh: Name : "ok ~w"\ 0r-o-..~&\..-v--- lts : f ,e-"'5 1 J-e >'\.+ C"-.4'..~ "~C!.--v--- Page 56 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1433 FROM: Lisa Hanks, CITY CLERK SUBJECT: That the City Council hereby approves Mobile Bay Maker’s Market LLC to execute a sublease agreement with Hope Community for its outdoor market to be located in the parking lot area and adjacent greenspace next to Section Street. The outdoor market events will take place two days a month and the agreement shall expire on December 31, 2025. Mobile Bay Maker’s Market LLC and its vendors shall comply with all Federal, State and local laws and ordinances. Further, Mobile Bay Maker's Marker LLC shall have a Certificate of Insurance naming the City of Fairhope as an additional insured and, as part of its sublease, agree to indemnity and hold harmless the City of Fairhope and its agents. Any additional subleases or modifications to the agreement shall be submitted to the Governing Body of the City of Fairhope for consideration. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 57 of 354 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 58 of 354 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves Mobile Bay Maker’s Market LLC to execute a sublease agreement with Hope Community for its outdoor market to be located in the parking lot area and adjacent greenspace next to Section Street. The outdoor market events will take place two days a month and the agreement shall expire on December 31, 2025. Mobile Bay Maker’s Market LLC and its vendors shall comply with all Federal, State and local laws and ordinances. Further, Mobile Bay Maker's Marker LLC shall have a Certificate of Insurance naming the City of Fairhope as an additional insured and, as part of its sublease, agree to indemnity and hold harmless the City of Fairhope and its agents. Any additional subleases or modifications to the agreement shall be submitted to the Governing Body of the City of Fairhope for consideration. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 ______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 59 of 354 Hope Community Property Usage & Rental Request Form Website: www.hopecommunityal.org Please fill out the form completely to ensure your request is processed promptly. 1,;, /15 <1 h - 0129 9/21 1. Facility Requested: • (Pl:,se check the appropriate boxes) • (y'Hope Community ATJ Greenspace • □ Hope Community ATJ Building • [Sl;fiope Community ATJ Parking Lot • □ Hope Community Middle Young Field , /r3 10/rs ,j;:21 Io/ JC1 8/10 ll/,2- 8/;;'-f 111/ /lo "= I OTAL-\Iv I ~ 1,,1._f) I Hours Requested: From 6 0.../'f\, to 4 f?VY) . C),e°1-LA.f · 3.Rentel'sName: Mt:bi lec:Ba~ V\aters #\.~ 2. Date Requested: ______ _ ~A~d31-Wawvg To v-c City: Fa tv::hcpi, State:'AL Zip : 8..JEj 2__ 5. Phone Numbers: • Mobile: 25l · 4l_o3 , ;Q-;233 • Work/Alternate: _____ _ 6. Purpose of Use: QORJ) Ctl.r: CilVWY1wil½} vvw.YM 7. Number of Persons Expected to Attend ( Adults & Minors): -;5~ r ~tdoV:X--- Page 60 of 354 8. Describe Any Decorations, Tents, Sound Equipment, Staging, Port-o-lets, etc.: P2 v--b o-1-ets J hvi nu; vtrdo v ~, m Ll s ic__, Rental Company (if any): ______________ _ 9. Will You Need Electricity? &Yes □ No For: rYl lJS K~,, Will You Need Water?□ Yes~ For : __________________ _ Indemn ity and Hold Harmless Agreement In consideration of the permission granted to me by Hope Community to use the requested facility, I hereby indemnify and hold harmless Hope Community, its agents, servants, and employees from any and all claims and causes of action that may arise from injury to me or third parties using the facilities. This agreement is intended to protect Hope Community from any cost of defense and claims for injuries or damages caused directly or indirectly by my use of the facilities. Cleaning & Cancellation Policies a) At the conclusion of the event, a Hope Community representative will inspect the area. If the area has not been cleaned and restored to its original condition, Hope Community will charge the user for cleaning services. b) All cancellations and/ or date changes must be submitted in writing by the person who signed the application and paid the fees, at least 30 days prior to the event. No refunds will be made for cancellations within 30 days of the event. Refunds will be processed by check and mailed, less any applicable charges. We, the undersigned, have read and understand the Indemnity Agreement, as well as all rules and regulations set forth by Hope Community. We agree to abide by these rules and understand that any viol ay esult i t termination of the event. Renter's Signa r ;.L-~~:t:::k+..,t:l;;,.....d(C-::::!..... __ _ Date : / (m, ~ I I Office/ Board of Directors Use Only: Application Signed/Dated: ___ Permit/Deposit Fees: ___ _ Entered in Calendar: ___ _ Page 61 of 354 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 01/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Next First Insurance Agency, Inc. r.~~JN,_t c-"• (855) 222-5919 I rffc Nol: PO Bo x 60787 E-MAIL Pa lo Alto, CA 94306 ADDRESS : support@nextinsuran ce.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: State National In suran ce Company , Inc. 12831 INSURED INSURER B : Mobi le Bay Maker's Market 6925 Twin Beech Rd INSURERC : Fairhope , AL 36532 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER· 652995570 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CE D BY PAID CLAIMS . INSR ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE ,u~n ,,~,n POLICY NUMBER IMM/DD/YYYY\ IMM/DD/YYYY\ X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 -D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED -PREM ISES /Ea occurrence\ $100 ,000.00 MED EXP (Any one person ) $15,000.00 -A X NXTF7WRW3L-00-GL 06/14/2024 06 /14/2025 PERSONAL & ADV INJURY $1,000,000.00 - GEN"L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $2,000,000.00 21 □PRO-D Loc PRODUCTS -COMP/OP AGG $2,000,000.00 POLICY JECT OTHER : $ AUTOMOBILE LIABILITY COM BINED SINGLE LIMIT $ /Ea accident\ f-- ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BOD ILY INJURY (Per accident) $ -HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident\ $ --$ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I ~ftuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y /N ANYPROPR IET OR/PARTNER/EXECU TI VE □ N /A E.L. EA CH ACCID ENT $ OFFICER/MEMBER EXC LUDED ? (Mandatory in NH ) E.L. DISEASE -EA EMPLOYEE $ If yes , describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATI ONS below DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached if more space is required) The Cert ificate Holder is Hope Community Alabama. Thi s Certificate Holder is an Additiona l In sured on the General Liabi li ty po li cy per the Additiona l In sured Automatic Statu s Endorsement. All Certificate Holder pri vilege s app ly on ly if requ ired by written agreeme nt between the Certificate Holder and the insured , and are subject to po l icy te rm s and conditions . CERTIFICATE HOLDER CANCELLATION Ho~e Community Alabama LIVE CERTIFICATE 69 5 Twin Beech Rd II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fa irhope , AL 36532 THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ . . ~~ I Click or scan to view © 1988-2015 ACORD CORPORATION . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 62 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1398 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Site Plan Review and Approval - Request of the Applicant, Benjamin Cummings, acting on behalf of the Owner, Fairhope 9 LLC, for Site Plan Approval of Harvey and Thomas Orthodontist on property zoned B-2 General Business District. The property is located at the northeast corner of Highway 181 and Highway 104, Lot 9 and is approximately 1.0 acres. PPIN#: 627499. (Planning Commission unanimously recommends approval of SR 25.02). AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Staff and Planning Commission unanimously recommend approval of this Site Plan. There were several minor revisions needed at the time of Planning Commission approval. All conditions have been met and we recommend approval without any conditions. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Page 63 of 354 Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 64 of 354 Planning Commission (8 Ayes) voted to recommend approval of SR 25.02 City Council April 14, 2025 Page 65 of 354 Page 66 of 354 1 SR 25.02 Harvey & Thomas Orthodontics at Encounter Commercial/Retail Development (Lot 9) - February 3, 2025 Summary of Request: Request of Owner, Fairhope 9, LLC, for Site Plan Approval of Harvey & Thomas Orthodontics on Lot 9 of the Encounter Commercial Retail Center on the northeast corner of Alabama Highways 104 and 181 intersections. Benjamin Cummings is the authorized agent. The subject property is one (1) acre and is zoned B-2. The proposed building is 8,200sf. Page 67 of 354 2 SR 25.02 Harvey & Thomas Orthodontics at Encounter Commercial/Retail Development (Lot 9) - February 3, 2025 Setbacks: Setbacks for this development vary. B-2 requires only a 20ft front setback according to Table 3-2. Lot 4 backs up to AL Hwy 104, which has a 100ft highway construction setback. Site Data Table currently reads 125ft and needs to be corrected. Building: The building itself faces Lot 8. Building height is approximately 30ft. The building takes up 19% of Lot 9. Proposed use is a dental and orthodontics office. All elevations are included in the packet. Materials for the building are brick veneer and Hardie plank with a shingled roof. Sidewalks: This Site Plan includes an interior sidewalk around the perimeter of the building. There is also an interior sidewalk extending to the existing sidewalk on Encounter Drive. The Pedestrian Circulation Plan can be found on Sheet C2.1 in the Complete Plans. ADA Requirements: Other ADA requirements have been met. Site Plan Page 68 of 354 3 SR 25.02 Harvey & Thomas Orthodontics at Encounter Commercial/Retail Development (Lot 9) - February 3, 2025 Mechanical equipment: Mechanical equipment has been finalized and all appear on the Site Plan with screening. Location and size of all signage: A sign plan was not submitted with this application. Signage shall conform to the Sign Ordinance. Storm water: Drainage has been accounted for the entire Encounter Commercial Retail Center in SD 24.13; thus, there are not retention/detention facilities on individual lots. There is a large retention pond within Lot 12 of the Encounter development where most of the drainage is directed. Landscaping Plan: Open or Landscape Area makes up 38% of the site. There is a gap along the Encounter landscaping strip right of the entrance. There is not any indication on the plans of something going there so unless there is a legitimate reason for the gap then planting another shrub should remedy the broken visual screen. In addition, another overstory tree should be planted in that same section pursuant to Section 20.5-5 of Ordinance #1444. See below. Also, plantings must be 48 inches tall at time of planting unless within four (4) feet of an access way; whereas, the Plant Schedule and Landscape Plan have Curly Leaf Ligustrum at 36 inches at time of planting. Update accordingly. Parking: The plan has surplus parking with 49 spaces. Forty-one (41) spaces are required per Table 4-3 Parking Schedule. Twenty percent (20% ) overage is allowed and shall be pervious. Eight (8) of the 41 parking spots shall be pervious pursuant to Article IV, Section E(4)(c)(2). The compact car parking requirements are also met. Parking meets the requirements of Zoning Ordinance. Page 69 of 354 4 SR 25.02 Harvey & Thomas Orthodontics at Encounter Commercial/Retail Development (Lot 9) - February 3, 2025 Locations, intensity, and heights of exterior lights: A photometric plan was submitted with the application on Sheet No. ESP-1. The sheet does not have the heights of the light poles. Parking lots with 50 or fewer spaces shall have light poles that do not exceed 10ft overall height pursuant to Article IV, Section B(3) of the Zoning Ordinance. Erosion control: An Erosion Control plan was submitted with the application and is acceptable. Utilities: A utility plan was submitted with the application; however, the next available utility meeting is February 6, 2025. Fairhope can provide water, sewer, and gas to the Encounter Development and Riviera may provide electricity. AT&T can provide communications. A meeting with Fairhope Public Utilities shall confirm and specify what is needed to accommodate the medical-dental office. Applicant is scheduled for a utility meeting on February 6, 2025. Said meeting shall have taken place prior to this Site Plan going before City Council. Dumpster location and screening: The dumpster enclosure is in the northeast quadrant of the site. There is a 6ft masonry wall around the enclosure. Shrubs will be around the parts of the enclosure that are not part of the vehicular use area. Traffic: A thorough traffic study was conducted for the entire Encounter development and the road infrastructure was designed in accordance with the recommendations from the traffic study. A trip generation letter was submitted with the application that estimates 244 daily trips for the medical-dental office building. 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 previous Comprehensive Plan put a Commercial Node at the AL Hwys 181 and 104 intersections. The Encounter Commercial Retail Center is in a newly recognized Suburban Mixed-Use Center in the proposed Comprehensive Plan. (2) Compliance with any other approved planning documents; Meets (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. (7) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values; Property is zoned B-2. The larger development site does abut to conflicting uses. There is a residential district directly to the north of the development NOT Lot 9. Proper buffers are included in the plans to mitigate the conflicting land uses. (8) Overall benefit to the community; Meets. There are a lot of residential units being built in the immediate surrounding area, especially to the north. A commercial retail center with a variety of retail/restaurant/office/commercial units will be a benefit to the residential subdivisions. (9) Compliance with sound planning principles; Meets. The general location has been designated a commercial node in the past and current comprehensive plans. Connectivity with other developments has been included. (10) Compliance with the terms and conditions of any zoning approval; Meets Page 70 of 354 5 SR 25.02 Harvey & Thomas Orthodontics at Encounter Commercial/Retail Development (Lot 9) - February 3, 2025 (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 were provided with the building materials. (16) The locations, intensity, and height of exterior lights; Lights shall be 10 ft tall maximum. (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 (24) Dumpster location and screening; and Meets (25) Location and size of all signage. n/a Recommendation: Staff recommends to Planning Commission to recommend to City Council conditional approval of case SR 25.03 Harvey & Thomas Orthodontics on Lot 9 in the Encounter Commercial Retail Center with the following condition(s): 1. On Site Data Table correct the highway construction setback off AL Hwy 104 to 100ft (not 125ft). 2. Update photometric plan with 10ft high lighting. 3. Add Slide No. “S 2963-A” to the Legal Description on Sheet C1.0. 4. Applicant shall attend a utility meeting with the City of Fairhope on February 6, 2025. Said meeting must take place prior to Site Plan going on City Council agenda. 5. Landscape Plan needs to be updated: a. to reflect shrubs being 48 inches tall at time of planting b. Additional shrub along Encounter Drive right of the entrance (looking to the North). c. Additional overstory tree along Encounter Drive right of the entrance (looking North). Conditions 1-5 have been met. Applicant attended utility meeting on March 20, 2025. Page 71 of 354 Page 72 of 354 Page 73 of 354 Page 74 of 354 Page 75 of 354 Page 76 of 354 Page 77 of 354 Page 78 of 354 Page 79 of 354 Page 80 of 354 Page 81 of 354 Page 82 of 354 engineers|planners|surveyors|environmental scientists|landscape architects P: 251.471.2000 | F: 251.471.5997 5 Dauphin Street, Suite 200 Mobile, AL 36602 www.neel-scha er.com January 7, 2025 Mr. Benjamin Cummings Cummings Architecture Corp One Houston Street Mobile, AL 36606 Re: Trip Generation Letter for Dental Office Building Dear Mr. Cummings: As requested in comments from the City of Fairhope Planning Department, we have calculated the trip generation for the proposed dental office building proposed at Lot 9, Encounter Drive. The trip generation of the proposed dental office was developed using the trip rates contained in the Institute of Transportation Engineers (ITE), Trip Generation, 11th Edition. Land Use 720 Medical- Dental Office Building was utilized for the trip generation. The trip generation calculations for the proposed site traffic are shown in Table 1. Table 1 Trip Generation If you have any questions regarding the trip generation, please call me at (251) 545-1219. Sincerely, NEEL-SCHAFFER, INC. Shane M. Bergin, P.E., PTOE, PTP, RSP1 Professional Traffic Engineer Daily AM Peak Hour PM Peak Hour Land Use Intensity Trips Total In Out Total In Out Medical-Dental Office Building 8.2 1000 SF 244 25 20 5 30 9 21 Daily Traffic Generation Medical-Dental Office Building [ITE 720] = T = 42.97(X) – 108.01 AM Peak Hour Traffic Generation Medical-Dental Office Building [ITE 720] = Ln(T) = 0.90 Ln(X) + 1.34; (79%in/21%out) PM Peak Hour Traffic Generation Medical-Dental Office Building [ITE 720] = T = 4.07(X) – 3.17 ; (30%in/70%out) T – Trips, X – 1000 SF GFA Source: ITE Trip Generation, 11th Edition. Page 83 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1418 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The City Engineer, Richard Johnson, is requesting to procure Professional Engineering Services for design services for the Intersection Improvements at US98 and Volanta Avenue, an Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II) project. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the selection by the Mayor of Mott MacDonald Alabama, LLC. for RFQ PS25-026 Professional Engineering Services for design services for the intersection improvements at US98 and Volanta Avenue, and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The City Engineer is requesting to procure Professional Engineering Services for design services for the Intersection Improvements at US98 and Volanta Avenue, an Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP_II) project. The scope of services will include: 1. Corridor Study 2. Survey 3. Preliminary Roadway Plans 4. Roadway Plans Mayor Sullivan has selected Mott MacDonald Alabama, LLC. for this project. Mott MacDonald Alabama, LLC. is an ALDOT approved Engineering Firm. Previous Action: Council meeting March 10, 2025 Resolution 5391-25 City Council authorized acceptance of an Alabama Transporation Rehabilitation and Improvement Program-II (ATRIP-II) grant in the amount of $2,000,000.00 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 84 of 354 GRANT: Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP-II) 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 85 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor Sherry Sullivan for Professional Engineering Services for (RFQ PS25-026) for Design Services for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP II) Intersection Improvements at US98 and Volanta Avenue to Mott MacDonald Alabama, LLC: and hereby authorize Mayor Sulivan to negotiate the not-to-exceed fee to be approved by Council. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 86 of 354 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 26, 2025 Re: RFQ PS25-026 Professional Engineering Services for Design Services for Alabama Transportation Rehabilitation and Improvement-II Program (A-TRIP_II) Intersection Improvements at US98 and Volanta Avenue The City Engineer, Richard Johnson, is requesting the hiring of a professional engineering firm for design services for the Intersection Improvements at US98 and Volanta Avenue, an Alabama Transportation Rehabilitation and Improvement -II Program (A-TRIP_II) project. Scope of Services will include: 1. Corridor Study 2. Survey 3. Preliminary Roadway Plans 4. Roadway Plans 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: _____________ ___________ Mott MacDonald Alabama, LLC. _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Apr 2, 2025 Page 87 of 354 Memo to choose - Prof Engineer - Intersection at US98 and Volanta Final Audit Report 2025-04-02 Created:2025-03-26 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAVsZK_3jcv7gZ9eJXgkl2YZYoICLiuk37 "Memo to choose - Prof Engineer - Intersection at US98 and Vol anta" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-03-26 - 5:45:23 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-03-26 - 5:45:52 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-03-26 - 7:46:39 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-04-02 - 1:39:11 PM GMT - Time Source: server Agreement completed. 2025-04-02 - 1:39:11 PM GMT Page 88 of 354 Memorandum From: Richard D. Johnson, P.E., City Engineer To: Jack Burrell, Council President and All Members of the Council Thru: Sherry Sullivan, Mayor CC: Purchasing; Grants; File Date: April 3, 2025 Subject: Selection of Mott MacDonald for Professional Survey and Engineering Services - PROJECT NO. ATRP2-02-2025-204 INTERSECTION IMPROVEMENTS AT US-98 AND VOLANTA AVENUE Council President: The City Council approved City Staff to apply for ATRIP‐II Grant funding provided by the Rebuild Alabama Act of 2019 for the above referenced project in Fiscal Years 2022, 2023 and 2024. Our application was not selected in 2022 and 2023. However, the 2024 application was awarded by the Governor in early 2025. The award amount was $2,000,000.00 for the project. These applications are long and contain over 50+ pages of documents, estimates, maps, sketch plans and traffic & safety data. As part of these applications, we were required to provide: • Status of the available right-of-way (ROW) to accommodate the proposed project • A detailed preliminary pay item estimate of the total project cost (utilizing ALDOT pay item numbers for the construction phase of work) • Preliminary scaled drawings, or plans necessary to support the project application These three key application criteria require the involvement of a consulting engineer. Mott MacDonald Alabama, LLC (MM) work with City Staff to develop the preliminary drawings, geometric layout, project estimate (per ALDOT pay items) and ROW determination for the initial application. Then, MM worked with us each subsequent year to update the application. They provided this assistance without compensation – pro bono. It has been the guiding principle of the City that when our Design Firms assist us in the development of grant applications at no cost to the City, if the grant is awarded, that firm is given first consideration for selection for the Project Design Contract. Thus, my recommendation of Mott MacDonald to be awarded the work on this project they helped to secure the funds for. Thank you for your consideration of this request. RDJ Page 89 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1415 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 landscape architectural services for the Flying Creek Nature Preserve - Phase II to Thompson Engineering. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the selection of a qualified firm by the evaluation team for professional landscape architectural services for (RFQ PS25-017) for the Flying Creek Nature Preserve - Phase II to Thompson Engineering and authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. BACKGROUND INFORMATION: A Request for Qualifications was issued on February 7, 2025, posted to the City of Fairhope’s website, and advertised in Gulf Coast Media and three (3) statewide newspapers for three (3) weeks. Two (2) responsive proposals were received at the bid opening on March 6, 2025 at 10:00 a.m. The proposals were evaluated by five (5) City of Fairhope staff (see attached Evaluation Score Sheet). The recommendation by the City Engineer and the evaluation team is to hire Thompson Engineering for this project. This is a Gulf of Mexico Energy Security Act (GOMESA) Grant Funded Capital Improvement Project within undeveloped City parkland. This project will entail the design, letting, project management, and construction oversight of Phase II of the new recreational and outdoor educational facilities within the partially developed 72 acres known as the Flying Creek Nature Preserve at the northern gateway to the City. Previous Action: Council Meeting November 12, 2024, Resolution #5264-24 City Council authorized acceptance of the GOMESA Grant award from ADCNR for Phase II to Construct Improvements at Flying Creek Nature Preserve in the amount of $1,328,400.00 Page 90 of 354 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: GOMESA Grant No. G-CFNPII/24/CF 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 91 of 354 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 the Evaluation Team for Professional Landscape Architectural Services for (RFQ PS25-017) for the Flying Creek Nature Preserve – Phase II to Thompson Engineering; and hereby authorizes Mayor Sherry Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 14TH DAY OF APRIL, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 92 of 354 Page 93 of 354 PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FLYING CREEK NATURE PRESERVE - PHASE II CITY OF FAIRHOPE March 6, 2024 COPY RFQ No. PS25-017 Grant No. G-CFNPII/24/CF Page 94 of 354 March 6, 2025 Ms. Erin Wolfe - City of Fairhope Purchasing Manager 555 South Section Street, Fairhope, AL 36532 RE: RFQ NO. PS25-017 PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES FLYING CREEK NATURE PRESERVE – PHASE II GOMESA GRANT NO. G-CFNPII/24/CF Dear Ms. Wolfe: Thompson Engineering, Inc. (Thompson) (DUNS No. 34041848 & UEI No. KK91UMNN6RM8) together with our partners, Watershed and Hersick + Webster, are pleased to submit this proposal to continue to provide landscape architecture, architecture, engineering and other planning and design related services for the Flying Creek Nature Preserve project. Our project team is prepared and eager to continue to assist the City of Fairhope with this very important community project as defined in the RFQ. Our statement of qualifications is based on the requirements of your RFQ posted February 7, 2025 and the information provided in Addendum 1, issued February 27, 2025. In compliance with the RFQ, we commit to the City of Fairhope the key personnel identified for this project will be available for the duration of the work. As a Professional Landscape Architect and resident of Fairhope, Christopher Grant, PLA will serve as the primary contact and proposed Project Principal for this project. He can be contacted at Thompson Engineering, 7101 US Hwy 90, Suite 101, Daphne, AL 36526, by phone at 251-665-5460, and by email at cgrant@thompsonengineering.com. Christopher has over 20 years of experience including providing key leadership for clients with a focus on sustainable design and strategic implementation. He will serve as support to our proposed Project Manager, Nick Combs, PE. Nick has more than four years of experience, and currently serves as a Project Manager in our South Infrastructure Division located in Baldwin County. In addition to Christopher and Nick, our key team members proposed for this project include the following: Christopher Grant, PLA Principal Landscape Architect Project Principal 251.665.5460 cgrant@thompsonengineering.com Nicholas Combs, PE Senior Project Engineer Project Manager ncombs@thompsonengineering.com 3 Adam McCullough - Data Collection & GIS 3 Ricky Thames, PLS, Survey Team Leader 3 Cade Burgin, PE - Environmental and Historical Preservation 3 Robert Harvey, PE - Structural Engineering 3 Barry Vittor, PhD - Permitting 3 Rebecca Bryant, AIA - Architecture 3 James Hersick - Wayfinding and Signage Our project team is confident that the City of Fairhope has witnessed firsthand the enthusiasm, professionalism, and commitment from our team throughout the planning, design, and construction of the first phase of Flying Creek Nature Preserve. Of course, none of the success of the initial phase would have been possible without buy-in from the citizens of Fairhope and support from City officials. We look forward to continuing to build on those relationships and we remain committed to the success of this project. Our project team would be honored to be selected for the next phase of design and construction of this legacy project in the place we all call home. Through a comprehensive understanding of the master plan and proper implementation techniques, our project team will continue to oversee that the vision and goals set forth by the local citizens and steering committee are adhered to in the next phase of this project. We commit to the City of Fairhope our willingness to complete this project in a timely manner. Thompson appreciates your consideration for the selection of this project and the opportunity to partner with the City of Fairhope in the continued development of the Flying Creek Nature Preserve. If you have any additional questions or need any clarification, please feel free to reach out Christopher at cgrant@thompsonengineering.com and/or 251-665-5460. Respectfully submitted, THOMPSON ENGINEERING, INC Page 95 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 1 Established in 1953, Thompson Engineering is a multi-disciplined planning, design, and construction services firm providing landscape architecture, engineering design, environmental consulting, and construction related services. Our 560+ personnel offer seamless, responsive, and cost-effective engineering and design services. For over 69 years, our business philosophy has been centered on client services and focused on customer needs. We achieve superior service through engaged project management, expeditious response, quality work, and innovative solutions. Our headquarters is in Mobile with multiple offices located in Baldwin County including Daphne, Spanish Fort, and Orange Beach. MINIMUM QUALIFICATIONS SERVING ALABAMA SINCE 19532 1 3 Christopher is a resident of Fairhope and works out of our Daphne, AL office.His project experience includes Master Planning, Urban Design, Parks and Recreation Planning, Campus Planning, Transportation Oriented Design, Planting Design, and the implementation of Sustainability and Low Impact Development techniques. Christopher’s and the team’s experience is highlighted on the following pages. Christopher Grant, PLA will serve as Project Principal and Principal Landscape Architect to the City of Fairhope on this project. He has over 20 years of experience and holds the appropriate license with the Alabama Board of Examiners of Landscape Architects. His license number is #809. 4 Thompson Engineering holds a business license within the City of Fairhope and maintains the City’s minimum insurance coverage requirements. 5 Over the past 73 years, Thompson Engineering has completed more than 160 parks and recreation projects in the Gulf Coast region, many of which included pedestrian improvement components, such as boardwalks, walking trails, bike paths, pavilions and restroom facilities, playgrounds, and other site amenities. 6 Thompson Engineering has extensive experience in Mobile and Baldwin Counties in Planning and/or Design Projects involving federally funded grant projects. Much of our municipal work has been funded through a variety of federal sources, including the GOMESA program. In the past 10 years, Thompson has managed more than $173 million worth of federal funds for various projects throughout the Gulf Coast states. We are very experienced with the compliance and audit requirements for federally- funded programs. Again, we consistently do the right things for the right reasons and have never had 246+ ALABAMA STAFF 100% EMPLOYEE OWNED an instance where a responsible Federal/State agency questioned or refused to fund a project expenditure under a contract for which Thompson was responsible. Please reference the following pages for a more detailed look at our history with federally funded projects. Page 96 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 2 KNOWLEDGE OF GOMESA OR OTHER FEDERALLY FUNDED PROGRAMS Much of our municipal work has been funded through a variety of federal sources, including the GOMESA program. In the past 10 years, Thompson has managed more than $173 million of federal funds for various projects throughout the Gulf Coast states. We have extensive experience with the compliance and audit requirements for federally-funded programs. Thompson has provided engineering and construction services in the Federal Government arena that involves a variety of federal funding sources such as GOMESA, CDBG, MDA, FEMA, NADA, DOD, SAG, and FHWA for decades. In total, our personnel have completed approximately 50+ projects with federal funds throughout Alabama and Mississippi. A brief list of some of these projects and their associated funding sources are presented to the right. Some of our other clients include: the AL, MS, TN, GA, and FL DOTs; US Army Corps of Engineers, Vicksburg and Mobile Districts; Mississippi and Alabama Army National Guard; Housing Boards (HUD); US Army; and the US Navy. Client, project, & location Program Mobile County Commission, Extension of Effluent Force Main from Bayou La Batre WWTF RESTORE City of Loxley, Corn Branch Tributary Restoration GOMESA City of Fairhope, Flying Creek Nature Preserve - Phase I GOMESA Mobile County Commission, GOMESA-1803-01 Sediment Reduction/Paving of Dolphin Drive GOMESA Mobile County Commission, GOMESA-1803-01 Sediment Reduction/Paving of Perch Drive GOMESA City of Chickasaw, GOMESA-1803-01 Sediment Reduction/Paving of Johnson Road GOMESA Mobile County Commission, GOMESA-1803-01 Sediment Reduction/Paving of Henry Johnson Road GOMESA Mobile Housing Board, Orange Grove Homes Renovations CDBG / HUD Mobile Housing Board, Hampton Park Housing Development CDBG / HUD Mobile Bay National Estuary Program, D’Olive Creek, Tiawasee Creek, and Joe’s Branch Watershed Management Plan, Baldwin County, AL USEPA: CWA Section 319 Mobile Bay National Estuary Program, Demonstration of Regenerative Step Pool Storm Conveyance for Restoration of Joe’s Branch, Baldwin County, AL USEPA: CWA Section 319 City of Pass Christian, Harbor Expansion and Harbormaster Building, Pass Christian, MS CDBG / CIAP City of Ocean Springs, Front Beach Drainage Project, Ocean Springs, MS CIAP City of Biloxi Infrastructure Repair, Biloxi, MS (RDN3)FEMA City of Spanish Fort Honor Park GOMESA APPROACH AND METHODOLOGY FOR PROJECT IMPLEMENTATION UNDER FEDERAL GUIDLINES Thompson has worked closely with the City of Fairhope Grants Administrator to provide all necessary documentation required as part of the GOMESA reporting process. Page 97 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 3 RESOURCES AND AVAILABILITY Watershed provides full service architectural, sustainability consulting and master planning services across a variety of project types, focused on the particular climate and culture of the Gulf Coast. Since its founding in late 2008, Watershed has grown to serve architectural and consulting clients across the region, creating resilient, healthy, high performance buildings that respond to our hot, humid climate. Our mission is to create and improve buildings so that they too leave this region better than we found it. Beyond reducing the harm of development, we strive to create positive impacts on the natural world, positive economic gains, and positive social impacts. Our method is three fold: to build expertise around affordable, sustainable building solutions for our climate, to create built environments that inspire a greater connection with the natural world, and to perform our work in the spirit of collaboration, sharing information with our communities and clients. Hersick + Webster is an award-winning branding and placemaking team with more than 25 years of experience leveraging design to make impacts in communities close to home and across five continents. Our work creates connections and amplifies the overlapping impacts of economic development, tourism, recreation, and public health. At Hersick + Webster, we’re passionate about helping leaders create better places and experiences. Through strategic engagement and a time-tested branding framework, we help communities and the organizations that support them reach their goals and tell their stories. We believe in connecting people to places, inspiring conservation, and provoking thoughtful conversation … in inspiring adventure, action, wellness, and wonder. STATEMENT OF AVAILABILITY AND ADEQUACY The Thompson Team has the breadth and depth of resources to support this project in a timely manner. This is evidenced by the number of our team members bringing relevant, recent, and local experience and expertise. We have the resources to provide qualified personnel in any discipline needed to complete your projects on time and within budget utilizing our local staff. *Collaborative Projects Between Thompson and Watershed *Collaborative Projects Between Thomspon, Watershed, and Hersick + Weber Team. City of Fairhope Flying Creek Nature Preserve, Phase I* City of Fairhope NEST Learning Campus* City of Fairhope K-1 Learning Center* Gulf Coast Center for Ecotourism* Mobile County Blueway Trail Development* Gulf State Park, Gulf Shores, Alabama* City of Fairhope Flying Creek Nature Preserve Active Park* Discipline No. Architect 7 Biologist 11 CADD Technician 21 Civil Engineer 13 Construction Inspector 210 Construction Manager 20 Cost Engineer / Estimator 3 Electrical Engineer 4 Environmental Engineer 3 Environmental Scientist 11 Geotechnical Engineer / Foundation 12 GIS Specialist 4 Discipline No. Geologist 6 Hydraulic Engineer 4 Interior Designer 1 Registered Land Surveyor 18 Landscape Architect 3 Mechanical Engineer 2 Project Manager 18 Safety / Occupation Health Engineer 2 Scheduler 3 Structural Engineer 13 Transportation Engineer 23 Support Staff 100+ The professionals of Thompson Engineering have extensive experience in Mobile and Baldwin counties with the design of parks and recreational facilities, civic facilities, schools, commercial office buildings, condominiums, banks, churches, athletic complexes, specialty retail buildings, and training facilities. Whether our clients need master planning to phase in long-range goals, an addition or remodel of an existing facility, preservation of an historic structure, or a new building of any type or scope, Thompson delivers results in a competent, thorough and imaginative manner. Along with our sister company Watermark Design and our recent acquisition of Meyer Engineers, we are comprised of professional and reliable in-house engineers, architects, planners, and support staff. In an effort to provide the City of Fairhope a cohesive team of local professionals, we have chosen to team with Watershed, to support with Architecture, as well as Hersick + Webster, to provide wayfinding and signage designs. Page 98 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 4 Nick is a Civil Project Manager in our South Infrastructure division located in Baldwin County. Nick’s engineering experience includes stream restoration design, roadway, drainage, and, plan production, cost estimating, bid services, and construction inspection. Nick is a talented, young professional engineer who has already proven to be a successful project manager for multiple environmental restoration and civil engineering infrastructure projects while at Thompson Engineering. He has become a strong asset to our new Baldwin County team providing engineering services to our local clients. 6 YEARS OF EXP BS/ Civil Engineering, University of South Alabama, Professional Engineer: AL #52734 DUTIES: 3 Project Managagement 3 Team Coordination 3 Client Communication 3 Civil Engineering DUTIES: 3 Landscape Architect 3 Client Coordination BS/Landscape Architecture, Louisiana State University, 2005 Professional Landscape Architect: AL #809 Christopher has nearly two decades of experience providing public engagement for municipal projects in Baldwin County. His passion for design is energized by the relationships he is able to develop with his clients. Christopher works collaboratively across design disciplines to ensure the built project meets and exceeds his clients’ expectations. He is the Director of Planning and Landscape Architecture for Thompson Engineering. Christopher has a diverse range of experience that includes serving as designer and project manager on many planning, landscape, and environmental projects throughout the Gulf Coast. 20 YEARS OF EXP 3 Project Manager Support 3 Staff Allocation EXPERIENCE OF PROPOSED PERSONNEL Our team is comprised of specialized engineering and support staff that possess the qualifications and experience to provide the City of Fairhope with the comprehensive services needed for this contract. Hand-picked due to their technical ability as well as working knowledge of the project site, the team listed below is excited for the opportunity to continue providing professional services to the Fairhope Community. Below and in the following pages we have provided the names, duties, and statements of qualifications of each of our key team members. This information is inclusive of their years of experience and educational background. KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 City of Spanish Fort Honor Park 3 Gulf State Park Master Plan & Park Enhancement 3 Gulf Coast Center for Ecotourism & Sustainability KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 City of Spanish Fort Honor Park 3 Gulf Coast Center for Ecotourism & Sustainability CHRISTOPHER GRANT, PLA PROJECT PRINCIPAL & LANDSCAPE ARCHITECT NICK COMBS, PE PROJECT MANAGER & CIVIL ENGINEER DisciplineNo. Geologist6 Hydraulic Engineer4 Interior Designer1 Registered Land Surveyor18 Landscape Architect3 Mechanical Engineer2 Project Manager18 Safety / Occupation Health Engineer2 Scheduler3 Structural Engineer13 Transportation Engineer23 Support Staff100+ Page 99 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 5 Adam McCullough serves as a Project Manager and the Survey Technology Lead for Thompson Engineering. His 22 years of experience includes: recording plats, construction stakeouts, boundary, as-built, ALTA/ACSM and topographic surveys. Mr. McCullough has experience with the following Survey Equipment: Nikon, Sokkia, Topcon, Trimble Total Stations and Robotic Stations; Sokkia, Trimble and Topcon GPS Systems; SurveyPro, Carlson Surveyor+, Trimble Access Survey Software. Mr. McCullough also has completed training through Geophysical Survey Systems, Inc. in the theory and practice of applying subsurface interface radar in engineering and geophysical investigations. 22 YEARS OF EXP AAS / Civil Engineering Technology KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 City of Spanish Fort Honor Park 3 Gulf Coast Center for Ecotourism & Sustainability Dr. Vittor has over 52 years of experience in Sec. 10/Sec.404 environmental permitting of a wide variety of developments, including rail and utility lines, highways, bridges, navigation projects, industrial facilities, commercial and residential projects, and wetland/stream restoration projects throughout the Southeast. He is also expert in delineation, restoration, and management of tidal and freshwater wetlands, as well in estuarine/marine ecology. Dr.Vittor has served on the Board of the Mobile Area Chamber of Commerce, the Board of Directors of the Alabama Coastal Foundation, and on the Mobile Bay National Estuary Program Management Committee, and has been very active in regional coastal resource management. 52 YEARS OF EXP PhD/ Ecology, University of Oregon, 1971 MS/Marine Biology, California State University, San Diego, 1968 KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 City of Spanish Fort Honor Park ADAM McCULLOUGH SURVEY LEAD BARRY VITTOR, PhD PERMITTING LEAD Robert Harvey is a Senior Structural Engineer and serves as Thompson’s Structural Team Lead. Mr. Harvey has extensive experience in structural analysis and design in the marine, industrial/petro-chemical and commercial development sectors. His areas of expertise encompass in general: Failure investigations Vibration Studies, Industrial Structural Analysis BCE/ Engineering, University of Mobile, 1993 Professional Engineer: AL #25083 and Design Commercial Structural Analysis and Design, Marine Structural Analysis and Design, Design of Earth Retention Systems, Project/Construction Management, Concrete Repair/Rehabilitation. KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 City of Spanish Fort Honor Park 3 Gulf State Park Master Plan & Park Enhancement 3 Gulf Coast Center for Ecotourism & Sustainability ROBERT HARVEY, PE STRUCTURAL ENGINEERING 30 YEARS OF EXP Page 100 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 6 Professional Land Surveyor: AL #28264 Ricky has over 28 years of experience in the surveying field. He is a Land Surveyor located in our Spanish Fort office with extensive experience working on surveying projects in Baldwin County. Ricky has performed many types of surveys consisting of boundary, topographical, mortgage, as-built, ALTA/ACSM, site specific, DOT relocation and route surveys. 28 YEARS OF EXP KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 City of Spanish Fort Honor Park 3 Gulf Coast Center for Ecotourism & Sustainability BS/Environmental Engineering, University of South Alabama, 2016 Professional Engineer: AL #40475 Mr. Burgin is an Environmental Engineer with a strong background in site restoration. Prior to joining Thompson, Mr. Burgin managed multiple task orders for the Hazardous, Toxic, and Radiological Waste section of the U.S. Army Corps of Engineers. Task orders consisted of Installation Restoration Program support to include specific tasks such as monitoring well installation, groundwater monitoring, 8 YEARS OF EXP KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Spanish Fort Honor Park soil remediation, soil sampling, landfill cap inspections, and landfill cap maintenance RICKY THAMES, PLS DATA COLLECTION & GIS LEAD CADE BURGIN, PE ENVIRONMENTAL & HISTORIC PRESERVATION With more than 23 years of experience in sustainable design and advocacy, Rebecca has a passion for beautiful design that inspires a greater connection to the natural world. Rebecca is a registered architect and sustainability consultant working on civic, educational, mixed use, commercial, and custom residential projects. The common thread is a focus on reducing negative environmental impacts and creating positive impacts for her clients, their communities, and the environment. 23 YEARS OF EXP KEY PROJECTS: 3 Flying Creek Nature Preserve Master Plan 3 Flying Creek Active Recreation Park (Phase III) 3 City of Fairhope Nest and K-1 Center 3 Gulf State Park Master Plan & Park Enhancement 3 Gulf Coast Center for Ecotourism & Sustainability In his 25 + year career as a designer and business owner, James’ has experienced the struggle, fulfillment, and joy of building a successful business and supporting others as they’ve pushed to do the same. He is a graduate of Leadership Berkeley and currently serve on the boards of Healthy Berkeley County and Main Street Martinsburg, as well as the advisory board for WV Trails. James sees opportunity everywhere and believes that collaboration is the key to success in everything. 25 YEARS OF EXP KEY PROJECTS: 3 Gulf State Park Master Plan & Park Enhancement 3 Mobile County Blueway Trail Development REBECCA BRYANT, AIA ARCHITECTURE JAMES HERSICK WAYFINDING & SIGNAGE Page 101 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 7 During the master planning process of Phase I, Thompson Engineering worked closely with the City and the appointed steering committee to develop an overall vision and program for the future growth of Flying Creek Nature Preserve. As part of these visioning sessions, the design team is confident that the implementation of Phase II will be aligned with the overall goals set forth in those early planning phases of the project. Thompson has included the graphic design and branding firm Hersick + Webster for Phase II of Flying Creek Nature Preserve. Thompson, Watershed, and Hersick + Webster have worked on several notable projects together to include Gulf State Park and the Mobile County Blueway. Hersick + Webster are creatives that specialize in design and branding of educational, wayfinding, and informational signage. They will be a great addition to the team in developing a consistent brand and signage identity for Phase II of this project. Thompson will work closely with City officials to further refine a more detailed scope of work as it relates to the specific programming elements set forth for this project. The tasks shown below are based on our comprehensive understanding of the outcomes needed for the successful implementation of Phase II of this project. Having participated and facilitated in the public engagement and master planning processes of Phase I, our project team proposes eliminating the schematic design process and moving directly into the design development phase of this project. Eliminating the schematic design phase will allow for cost savings and a condensed schedule. Thompson will work closely with the City to provide (60%) design drawings for review and approval prior to advancing to the construction document phase of the project. Site amenities and furnishings will also be selected in this phase. ENVIRONMENTAL SURVEYS & PERMITTING PROGRAMMINGTASK 2 DESIGN DEVELOPMENTTASK 3TASK 1 Thompson will work closely with the City to further define the program items to be included in Phase II of FCNP. Our project team is prepared to use the approved GOMESA program as the basis of design and will incorporate other items into the scope as budget allows. Several proposed programming elements will be located adjacent to Fly Creek to include a kayak/canoe launch, outdoor classroom, and overlooks. Priority will be placed on limiting these impacts. In order to determine the extent of these impacts, our project team proposes to conduct a wetland delineation for those areas impacted along Fly Creek, a threatened & endangered species survey, and a cultural resources assessment. Upon completion of the environmental field surveys, Thompson will work closely with the City to submit all required permitting documentation to USACE for review and approval. During the construction implementation period, the project team is prepared to serve as the construction administrator for this project. The designer of record would assume the responsibility for carrying out the interests of the City and would make decisions on behalf of the City. The construction administrator would review the documentation provided by the contractor for periodic payment and recommend or deny progress payment requests submitted by the contractor based on what has been constructed and accepted, ultimately to protect the assets of the City. The main responsibility of the construction administrator during the construction phase is to evaluate the adequacy of the materials and workmanship of the contractor and to provide guidance when questions arise. BUDGET COST ESTIMATING CONSTRUCTION DOCUMENT DEVELOPMENTTASK 5 CONSTRUCTION ADMINISTRATIONTASK 6TASK 4 The construction documents will serve as the permitting and bidding documents. These documents will include all drawings necessary for construction, including architecture and engineering drawings, site work, landscaping, amenities schedule, stormwater management documentation, and all specifications related to these drawings. All drawings will be coordinated with the City and checked by the design team so that a clear and concise set of documents may be issued for final permitting and bidding. Managing cost is as much a part of our integrated design process as any other exercise. Our project team has proven experience in working closely with the City during Phase I construction to manage cost and overages. A detailed and accurate budget will be critical to maintain the expectations of all stakeholders and to insure the lifespan cost for operations and maintenance of the recreation facilities. The establishment of a budget following the design development phase will inform fundraising, grant acquisition, and value engineering. It is critical that the budget is developed and approved by the client before moving forward with more advanced levels of design drawings. SCOPE OF SERVICES Page 102 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 8 EXPERIENCE WITH SIMILAR PROJECTS FLYING CREEK NATURE PRESERVE MASTER PLAN LOCATION Fairhope, AL OWNER City of Fairhope SIMILAR KEY STAFF Christopher Grant, PLA Nick Combs, PE Ricky Thames, PLS Adam McCullough Cade Burgin, PE Barry Vittor, PhD Robert Harvey, PE Rebecca Bryant, AIA - Watershed Thompson Engineering, together with our partner, Watershed, was selected to create a Master Plan aligned with the City’s vision for this unique property. Thompson Engineering served as the Landscape Architect and Engineers of Record, leading all phases of design, document development, and construction administration services. Watershed served as the Architect of Record. Phase 1 is currently under construction and includes 3.5 miles of multi-use nature trails, a connection to the Eastern Shore Trail, outdoor classrooms for educational enrichment opportunities, a trailhead with information kiosk, a bicycle repair station, a new restroom pavilion, and a low-impact development FLYING CREEK ACTIVE RECREATION PARK (PHASE III) The 36-acre site was acquired alongside the original Flying Creek Nature Preserve by the City of Fairhope. The site was undeveloped but had been used as a makeshift mountain biking spot for years by local enthusiasts who had carved their own 1.5 miles of trails and built structures. The City’s goal is to develop the site into a formal, challenging mountain biking adventure park for the community to enjoy. Thompson Engineering was selected to design a mountain biking park with 2.5 miles of trails, a trailhead with parking, a toolshed, and a skills area to practice bike skills. As mountain biking is an extremely specialized area of design, Thompson partnered with Tailored Trails, a PTBA-certified professional trail construction company, to ensure this project is a success. The design for the Flying Creek Active Recreation Park is still in progress but has been built upon feedback from the Steering Committee and the City. Members of the mountain biking community, including some of the site’s original trail carvers, have been extremely excited and involved with the design process. The park will be connected to Flying Creek Nature Preserve through the underground tunnel between the two parcels and will have a multi-use trail for hikers to travel across the two sites. For both projects, the team led an extensive public engagement process by conducting meetings with local residents and key stakeholders to develop the overall program and goals for each project. parking area. Amenities were designed to provide passive recreation and educational opportunities for local citizens and visitors. All site elements are nestled in the existing forested habitat and sited to minimize impacts to the existing trees and native plants. A 7-acre area of the site has been restored and managed as a longleaf forest that provides a unique habitat type for wildlife and native plants. A pedestrian underpass was constructed below Veteran’s Drive to provide future access to the 36-acre adjacent parcel of land. Page 103 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 9 2024 PEP Stewardship Award CITY OF FAIRHOPE NEST AND K-1 CENTER LOCATION Fairhope, AL OWNER City of Fairhope and the Fairhope Educational Enrichment Foundation Kacie Hardman 251.990.3333 SIMILAR KEY STAFF Christopher Grant, PLA Nick Combs, PE Ricky Thames, PLS Adam McCullough Robert Harvey, PE Rebecca Bryant, AIA - Watershed Thompson Engineering worked closely with Watershed, a local architectural firm, to provide design and engineering services for the adaptive re-use of a historic school campus into a sustainably designed center for learning and the arts in downtown Fairhope, referred to as the NEST campus. Phase I included an outdoor pavilion, 4 outdoor classrooms, a teaching garden and 2 acres of landscape improvements to include green infrastructure techniques and habitat restoration that will serve as a Living Laboratory for a STEAM teaching curriculum.  Thompson and Watershed worked closely together through the conceptual design phase for this project, specifically having set forth the vision for the landscape architecture and living laboratories components of this project. Thompson contracted with Watershed for landscape architecture, structural engineering, and civil engineering for the remaining phases of this project. Fairhope Nest project completed summer of 2023. Completion date for the K1 Center was summer of 2024. ASLA Honor Award Page 104 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 10 HONOR PARK MASTER PLAN LOCATION Spanish Fort, AL OWNER City of Spanish Fort Mayor Mike McMillan 251.626.4884 SIMILAR KEY STAFF Christopher Grant, PLA Nick Combs, PE Ricky Thames, PLS Adam McCullough Robert Harvey, PE Cade Burgin, PE Through GOMESA funding, the City of Spanish Fort acquired 142-acres of undeveloped property with the goal of developing the split parcel into a recreation area that connected visitors to nature through outdoor activity. Thompson was selected to provide a Conceptual Master Plan that encompassed this vision while preserving the pristine native habitat and wetlands on site. Thompson developed a design for a passive recreation nature preserve park on the west side of the split parcel, providing hiking trails, a kayak/canoe launch, and educational opportunities to bring visitors close to nature, while employing low impact design techniques to avoid negatively affecting the mature habitat of the area. The west side parcel includes over 2 miles of hiking trails and associated amenities, a wetland boardwalk, and multi-purpose facilities for events and gatherings. This park presents opportunities for outdoor exercise, outdoor education, and passive recreation such as bird watching and fishing. Thompson also developed a design for the east side of the split parcel in a more traditional city park style. This more active recreation park includes open green spaces, a dog park, a playground, event spaces, and a disc golf course. While more developed, this design still employs low impact design techniques to minimize effects on the site’s natural resources. GULF STATE PARK MASTER PLAN AND PARK ENHANCEMENT LOCATION Gulf Shores, AL OWNER Alabama Department of Conservation and Natural Resources Matt Leavell 205.307.6519 SIMILAR KEY STAFF Christopher Grant, PLA Ricky Thames, PLS Adam McCullough Robert Harvey, PE Rebecca Bryant, AIA - Watershed James Hersick - Hersick + Webster Thompson Engineering was the Civil Engineer of Record for the State of Alabama’s Gulf State Park Master Plan and Enhancement Project. In accordance with the Master Plan, Thompson integrated the proposed program components in a low impact, attractive and resilient manner. There are three architectural projects (Hotel/Conference Center, Interpretive Center, and Research/ Education Center) two dune restoration projects and recreation projects including 28 miles of park trails. Thompson provided civil engineering design services to the Master Planner and selected architectural design teams, supporting the development of clear and comprehensive construction documents that established a model for regionally appropriate coastal zone design. The Project includes an extended list of critical stakeholders, including Governor Robert Bentley, University of Alabama project team (GSPP), ADCNR, USACE, ADEM, USFWS, ALDOT, City of Orange Beach, City of Gulf Shores, Baldwin County, and various utility providers, tourism officials, etc. Watershed worked closely with the consultant team to oversee and manage all of the sustainability goals for the projects, which resulted in numerous certifications to include LEED Platinum, Sustainable SITES, and the Living Building Challenge. Hersick +Webster provided wayfinding and signage to create cohesiveness throughout the park. Page 105 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 11 GULF COAST CENTER FOR ECOTOURISM & SUSTAINABILITY LOCATION Gulf Shores, AL OWNER City of Gulf Shores Dan Bond 251.968.9825 SIMILAR KEY STAFF Christopher Grant, PLA Nick Combs, PE Ricky Thames, PLS Adam McCullough Robert Harvey, PE Rebecca Bryant, AIA - Watershed Thompson Engineering and Watershed worked closely with the City of Gulf Shores and the Jean- Michel Cousteau Foundation on the conceptual design and grant acquisition for the Center of Ecotourism and Sustainability starting in 2015, then partnered with ArchitectureWorks to design a world class ecotourism and experiential learning facility. Watershed was the project Architect for the conceptual design and planning phases of this extremely unique project. Watershed also served as the local Architect for the final design and master planning of a campus to promote sustainable tourism, raise environmental awareness, and encourage people of all ages to connect with the natural world. Sited in a maritime forest beside Gulf State Park, the campus facilities will include indoor and outdoor classrooms, teaching gardens, meeting space for 120 people, and lodging for 80 campers and 12 naturalists. Thompson Engineering performed all Landscape Architecture, Structural Engineering, Civil Engineering, Environmental Permitting, Survey and Geotechnical services for the project, while Watershed served as the local Architect-of-Record. The project completed construction in February of 2025. Page 106 of 354 FLYING CREEK NATURE PRESERVE - PHASE II RFQ NO. PS25-017 | 12 EXPERIENCE WITH THE CITY OF FAIRHOPE Thompson Engineering has offices in Mobile, Daphne, Spanish Fort, and Orange Beach and since 2001, our team has completed more than 50 projects for the City of Fairhope, as well as having worked as a subconsultant for the City. These projects have encompassed a wide range of services including Architectural Design, Civil Engineering, Environmental Consulting and Permitting, Structural Engineering, and Construction Materials Testing Services. Below we have provided a sampling of just some of the projects we have successfully delivered for the City of Fairhope: • Flying Creek Nature Preserve• Refurbish Wells #2 and #9 for the Water Department• Planter’s Pointe Lift Station• Pump Station and Force Main Improvements• Fairhope Public Utilities, New Wastewater Treatment Plant• Fairhope Water Reclamation Facility • Multiple Subdivision Drainage Reviews and Designs• Fly Creek Feasibility Study• NWF Grant Assistance• Low Impact Design Allowances• Professional Services for Painting Water Towers • Fairhope Radio Tower• Fairhope Pier• Fairhope K-1 and NEST Learning Campus• Fairhope Public Library• Fairhope Recreation Center and Pool• Fairhope Skate Park• Fairhope Football Fields• Fairhope Tennis Club• Various Sidewalk and Paving Improvement Projects• Hazardous Materials Surveys• Development of the City’s Comprehensive Plan• ATRIP Bridge and Roadway Improvements Projects Throughout our more than two decades working in and with the City of Fairhope, Thompson has developed an in-depth working knowledge of local expectations, specification, and standards used by the City and local utilities. EXPERIENCE CONDUCTING COMMUNITY ENGAGEMENT & OUTREACH Our team has provided community outreach and engagement for multiple municipal clients. This experience includes public meetings, design charrettes, electronic surveys, paper surveys, and comment cards, etc. Our team is well equipped to provide the City of Fairhope the needed community engagement services and support to provide the community with a comprehensive and effective stormwater management plan. Most recently, Thompson worked closely with the City of Fairhope to conduct a comprehensive survey and stakeholder/steering committee engagement process for the Flying Creek Nature Preserve project. This type of engagement process allows for community input and buy-in, while developing a program focused around the needs of the local citizens. SIMILAR PROJECT REFERENCES FAIRHOPE NEST LEARNING CAMPUS REFERENCE: Fairhope Educational Enrichment Foundation Kacie Hardman 251.990.3333 GULF COAST CENTER FOR ECOTOURISM AND SUSTAINABILITY REFERENCE: City of Gulf Shores Dan Bond 251.968.9825 Page 107 of 354 Page 108 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1425 FROM: Kim Creech, CITY TREASURER Richard Johnson, CITY ENGINEER SUBJECT: Request to transfer budget from General Fund to Capital Projects Fund for signage and furnishings for Flying Creek Nature Preserve (FCNP) and John Martin Nature Center (JMNC). AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To authorize Treasurer to record budget transfer of $100,000.00 from General Fund (Municipal Pool Structural Repairs) to Capital Projects Fund for signage and furnishings for Flying Creek Nature Preserve (FCNP) and John Martin Nature Center (JMNC). BACKGROUND INFORMATION: Park and Nature Center improvements are on schedule. With the first three phases of construction scheduled to be complete by midsummer 2025, design teams and city staff have identified the need for signage and furnishings: 1. Wayfinding and Interpretive Signage (directional trail signs, trailhead maps, points of interest, and interpretive story boards) 2. Functional Furnishing for meeting rooms, reception and interpretive areas of the JMNC (foldable/stackable chairs, tables, racks, wall monitors and other furniture) Due to lead time on signage and potentially the furnishings, we are requesting the transfer of budget funds from the General Fund (Municipal Pool Structural Repairs Project) to the Capital Projects fund in the amount of $100,000.00. The objective is to have these elements in place at the time of the Grand Opening of the Flying Creek Nature Preserve. Previous Council Action: Resolution 5142-24 Adopted by Council August 12, 2024, awarded (Bid No. 24-053- 2024-PWI-010) to J. Payne Organization, LLC, for the John Martin Nature Center renovations. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 109 of 354 Budget 103-55892 North Triangle House Improvements $0.00 $100,000.00 ($100,000.00) Authorize Budget Transfer: General Fund 001900-50965 Transfers-Cap Proj Fund $100,000.00 001250-50475 Recreation Capital Imprv ($100,000.00) Capital Projects Fund 103-55892 North Triangle House Imprv $100,000.00 103-49810 Transfers from Gen Fund ($100,000.00) 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 110 of 354 RESOLUTION NO. 5194-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] To authorize a budget transfer of $100,000.00 from General Fund to Capital Projects Fund for Flying Creek Nature Preserve (FCNP) and John Martin Nature Center (JMNC) signage and furnishings. DULY ADPOTED ON THIS 14TH DAY OF APRIL, 2025 ____________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 111 of 354 Memorandum From: Richard D. Johnson, P.E., City Engineer To: Jack Burrell, Council President Thru: Sherry Sullivan, Mayor CC: City Clerk; Treasurer; Purchasing; Grants; Public Works - Parks; File Date: April 3, 2025 Subject: Request for special funding allocation for the Flying Creek Nature Preserve (FCNP) and the John Marting Nature Center (JMNC) for Wayfinding/Interpretive Signage and Nature Center Furnishings Council President: The progress of the park improvements at the Flying Creek Nature Preserve (FCNP), including the John Martin Nature Center (JMNC) are on schedule and the first three phases of construction are scheduled to be completed by midsummer 2025. In addition, the following phases are either in planning or design and are making good progress. These include the active park design on the south tract with the emphasis on off-road cycling and the next phase of GOMESA funds for the north tract that includes additional outdoor classrooms, trails, bridges, overlooks, and access to the riverine environment. As the design teams and city staff have collaborated, we have identified several needs to be addressed prior to the park opening this summer. They break down in two main areas of focus: 1. Wayfinding and Interpretive Signage 2. Functional Furnishing for meeting rooms, reception and interpretive areas of the JMNC Signage: When FCNP opens, the park will provide all visitors with a plethora of trails to hike, points of interest to visit, and access to the awesome natural environment of the preserve. However, the first phases of construction did not contemplate the demand that would be placed on the parks ability to direct our visitors to all these important elements of the preserve and then the need to be able to “tell the story” of FCNP and the JMNC. Examples of signage needed are directional trail signs, trailhead maps, points of interest signs and interpretive story boards. Page 112 of 354 Functional Furnishing: The John Martin Nature Center will open with the first phases of the park project this summer. The center hosts three large classroom/meeting spaces, a reception area and an interpretive display area. The building construction project does not include any furnishings beyond specified built-ins. We anticipate immediate interest from outside groups to host nature-centric events at the center. Unfortunately, for the remainder of FY2025 there is no budget for furnishings outside of what was budgeted for park staff spaces. Examples of furnishings needed would include foldable/stackable chairs, tables, racks, wall monitors, and other furniture to allow multiple setups for use: classroom, meeting, lecture, etc. Due to the lead time on signage and potentially the furnishings, we are requesting a special funding allocation of $100,000.00 for signage and furnishings for the facility. This will allow the design team and staff to have in place wayfinding and interpretive signage throughout the preserve and a base furniture package to accommodate group use of the Nature Center. Our objective is to have all these elements in place at the time of the Grand Opening of the Flying Creek Nature Preserve. These elements are needed to serve our citizens and visitors alike. We estimate that the funding will be distributed roughly in thirds for wayfinding signage, interpretive signage and furnishings. The final distribution of cost will not be known until they are designed and/or specified. Thank you for your consideration of this request. RDJ Page 113 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1417 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: April 14, 2025 RECOMMENDED ACTION: To approve the negotiated fee schedule for RFQ PS25-024 Professional Traffic Engineering Services for the Twin Beech Corridor Study for Neel-Schaffer, Inc. and authorize the Mayor to execute a contract for the not-to-exceed amount of $40,000.00. BACKGROUND INFORMATION: The City Council approved the selection of Neel Schaffer, Inc. for RFQ PS25-024 Professional Traffic Engineering Services for the Twin Beech Corridor Study and approved the Mayor to negotiate the contract fee schedule. 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. The Mayor and the City Engineer would like to establish a not-to-exceed amount for Professional Traffic Engineering Services for Forty Thousand Dollars ($40,000.00). Funding will be 20% City and 80% ESMPO. Previous Action: Resolution No. 5404-25 Adopted by Council March 24, 2025, approved the selection by the Mayor for Professional Traffic Engineering Services for the Twin Beech Corridor Study to Neel-Schaffer, Inc. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Page 114 of 354 Budget 103-55810 Twin Beech Corridor Project $0.00 $40,000.00 ($40,000.00) 103-40835 Federal Grant Revenue $0.00 (32,000.00) $32,000.00 (8,000.00) This request will be 80% funded by ESMPO grant of $32,000.00. The City's unbudgeted cost of $8,000.00 can be covered by interest earnings in the Capital Projects account. GRANT: ESMPO will meet 80% of cost 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 115 of 354 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 Neel-Schaffer, Inc. for Professional Traffic Engineering Services for (RFQ PS25-024) for the Twin Beech Corridor Study with a not-to- exceed contract amount of $40,000.00. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 116 of 354 engineers|planners|surveyors|environmental scientists|landscape architects P: 251.471.2000 | F: 251.471.5997 5 Dauphin Street, Suite 200 Mobile, AL 36602 www.neel-schaffer.com March 3, 2025 Mr. Richard Johnson, PE Public Works Director City of Fairhope 555 S. Section Street P.O. Box 429 Fairhope, AL 36533 Re: Twin Beech Corridor Study Fairhope, Alabama Dear Mr. Johnson: Neel-Schaffer is pleased to offer this Letter of Agreement for professional traffic and transportation services. Our services 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 providing recommendations for safety improvements. The analysis will be divided into three Tasks: 1) Documentation of existing conditions, 2) Analysis of conceptual layouts, and 3) Preparation of Report. Task 1– Documentation of Existing Conditions: Upon receipt of an executed contract, Neel-Schaffer will initiate this analysis. Neel-Schaffer will meet at the site to review the project site. A field inspection of the project site will be conducted to document the existing conditions of the site and traffic control within the project limits. Twelve-hour turning movement counts will be conducted at the intersections of US Highway 98 with Twin Beech Road, Twin Beech Road with Pirate Drive, Twin Beech Road with Boothe Road/Founders Drive, Twin Beech Road with Summer Lake Street, and County Road 13 with Twin Beech Road. These counts will also include pedestrian and bicycle counts. The traffic count will be used to document the existing traffic volumes. The operational characteristics of the street traffic will be evaluated using the information provided in the Highway Capacity Manual (HCM). Task 2 – Crash Analysis: The City of Fairhope and Neel-Schaffer will request the last five years of crash data along Twin Beech Road between US Highway 98 and County Road 13. The crash data will be analyzed to determine what type of crashes are occurring and the volume of those crashes. This information will help with the development of concepts. Page 117 of 354 Task 3 – Analysis of Conceptual Layouts: Neel-Schaffer will prepare alternative conceptual layouts of the corridor with a focus on the intersection of Twin Beech Road with Boothe Road/Founders Drive. Neel-Schaffer will conduct traffic analysis of each conceptual layout and prepare generalized cost estimates for each layout. Task 4 – Preparation of Report Documentation of the traffic review will be prepared in a report documenting the results to the City. Task 5 – Meetings Neel-Schaffer will attend up to three meetings in person with the City and/or MPO staff. Neel- Schaffer will also be available for virtual meetings. Fee & Billing Neel-Schaffer proposes to provide these services for an hourly not to exceed fee of $40,000. Neel-Schaffer will bill you monthly as outlined in this agreement. Payments for our services will be due within 30 days of the invoice date and is not dependent on any factor except our ability to provide services in accordance with generally accepted standards of our profession. If additional services outside this scope of services, are required (and authorized by you in writing), the cost will be based on the attached 2025 Rate Schedule as detailed in Exhibit A. Additional Services If other engineering services are requested by the Client, not included in Tasks 1-5, these services will be considered additional services and will be provided (if authorized by you, in writing) based on the attached 2025 Rate Schedule as detailed in Exhibit A. General Terms and Conditions These services will be provided in accordance with Exhibit B, General Terms and Conditions. This proposal, the 2025 Rate Schedule, and General Terms and Conditions, represent the entire understanding between the City of Fairhope and Neel-Schaffer with respect to the services to be provided and may only be modified in writing by both parties. If the terms of this Letter Agreement are acceptable, please execute both originals and return one of them to us. If you have any questions, please call me at (251) 545-1219. We appreciate the opportunity to provide these services and look forward to working with you. Page 118 of 354 Sincerely, NEEL-SCHAFFER, INC. Shane M. Bergin, P.E., PTOE, PTP, RSP1 Engineer Manager Attachments: Exhibit A – 2025 Rate Schedule Exhibit B – General Terms and Conditions Accepted: City of Fairhope By: ________________________, Title Date: ________________________ Page 119 of 354 The hourly rates as shown on this rate schedule shall be subject to equitable adjustment on an annual basis due to increased costs and the rate of inflation. Exhibit A NEEL-SCHAFFER, INC. 2025 RATE SCHEDULE FOR PROFESSIONAL SERVICES EMPLOYEE CLASSIFICATION POSITION HOURLY RATE P-8, P-9 Officer, Senior Engineer Manager or Survey Manager $285.00 P-7 Engineer Manager/Professional IV $250.00 P-6 Senior Project Manager/Professional III $225.00 P-5 Project Manager/Professional II $175.00 P-4 Professional I $150.00 P-1, P-2, P-3 Professional Intern $125.00 T-6 Senior Certified Engineering Technician $165.00 T-5 Certified Engineering Technician/Supervisory Technician $150.00 T-4 Technician IV/ Inspector IV/ Surveyor IV $130.00 T-3 Technician III/Inspector III//Survey Crew Chief $110.00 T-2 Technician II/Inspector II/Survey Instrument Person $90.00 T-1 Technician I/Inspector I/Survey Assistant $80.00 T-1 Student Intern $45.00 A-4 Senior Administrative $100.00 A-3 Senior Clerical $90.00 A-2 Clerical $70.00 A-1 Assistant Clerical $60.00 Three-Member Survey Party $250.00 Two-Member Survey Party $185.00 One-Member Survey Party $140.00 “Professional” positions include engineer, architect, geologist, scientist, landscape architect, and planner. “Technician” positions include engineering, soil, architecture, planning, GIS and information technology. REIMBURSABLE EXPENSE SCHEDULE EXPENSE COST Vehicle Mileage $0.70/mile Traffic Counter/Video Monitor $10.00/day All other expenses, including contract reproduction/printing, travel and subsistence, parking, communications, equipment rental, postage and overnight mail, and supplies will be reimbursed at actual cost. Use State or Federal Rates for mileage, travel and subsistence where necessary and/or required. Page 120 of 354 EXHIBIT B GENERAL TERMS AND CONDITIONS PROFESSIONAL SERVICES Neel-Schaffer, Inc Page 1 of 3 Rev. 12-12-2023 1.Relationship between Consultant and Client. Neel-Schaffer, Inc. (“Consultant”) shall serve as the Client's professional consultant in those phases of the Project to which this Agreement applies. The relationship is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. Consultant shall not be considered to be the agent or fiduciary of the Client. 2.Responsibility of Consultant. Consultant will perform services under this Agreement in a manner consistent with that standard of care and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions (the “Standard of Care”). No other representation, warranty or guarantee, express or implied, is included or intended in this Agreement or in any report, opinion, document, or otherwise. 3.Responsibility of the Client. Client shall provide all information and criteria as to its requirements for the Project, including budgetary limitations. Consultant shall be entitled to rely upon the accuracy and completeness of any and all information provided by Client. If applicable to the scope of work, Client shall arrange for Consultant to enter upon public and private property and obtain all necessary approvals required from all governmental authorities having jurisdiction over the Project. Client shall provide reasonable notice to Consultant whenever Client becomes aware of any development that affects the scope or timing of Consultant's services. Client shall notify the Consultant of any deficiency in the Consultant’s services of which the Client becomes aware, so that Consultant may take measures to minimize the consequences of such deficiency. Client’s failure to notify the Consultant shall relieve the Consultant of any liability for costs to remedy the deficiency above the sum such remedy would have cost had prompt notification been given when such defects were first discovered. 4. Construction Phase Services. If Consultant’s scope of services includes the observation and monitoring of work performed by Client’s other contractors, Consultant shall provide personnel to observe and monitor the work in accordance with the Standard of Care in order to ascertain that it is being performed in general conformance with the plans and specifications. Consultant shall not supervise, direct, or have control over any construction contractor’s work. Consultant shall not have authority over or responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of the construction contractor. Consultant does not guarantee the performance of the construction contractor and does not assume responsibility for the contractor’s failure to furnish and perform its work in accordance with the plans and specifications. 5.Ownership of Documents. All reports, drawings, specifications, data, calculations, notes, and other documents, including those in electronic form prepared by Consultant are instruments of Consultant’s service that shall remain the property of Consultant. Client agrees not to use the deliverables for projects other than the Project for which the documents were prepared by Consultant, or for future modifications to the Project, without Consultant’s express written consent. Any reuse or distribution to third parties without such express written permission or project-specific adaptation by Consultant will be at the Client’s sole risk and without liability to Consultant or its employees, subsidiaries, and subconsultants. 6.Opinion of Costs. When required as a part of its scope of services, Consultant will furnish opinions or estimates of construction cost on the basis of Consultant’s experience and qualifications, but Consultant does not guarantee the accuracy of such estimates. The parties recognize that Consultant has no control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors’ methods of determining prices. 7.Suspension of Services. Client may, at any time, by written notice, suspend the services of Consultant. Upon receipt of such notice, Consultant shall take all reasonable steps to mitigate costs allocable to the suspended services. Client, however, shall pay all reasonable and necessary costs associated with such suspension including the cost of assembling documents, personnel and equipment, rescheduling or reassignment costs necessary to maintain continuity and the staff required to resume the services upon expiration of the suspension. 8.Termination. This Agreement may be terminated by either party upon 30 days' written to the other party. Upon such termination, Client shall pay Consultant for all services performed up to the date of termination. If Client is the terminating party, Client shall pay Consultant all reasonable cost and expenses incurred by Consultant in effecting the termination, including but not limited to non-cancellable commitments and demobilization costs, if any. Page 121 of 354 EXHIBIT B GENERAL TERMS AND CONDITIONS PROFESSIONAL SERVICES Neel-Schaffer, Inc Page 2 of 3 Rev. 12-12-2023 9.Indemnification. Consultant shall indemnify and hold harmless Client from and against those damages and costs (including reasonable attorneys’ fees) that Client incurs as a result of third party claims for personal injury or property damage to the extent caused by the negligent acts, errors or omissions of Consultant. To the fullest extent permitted by law, Client shall indemnify and hold harmless Consultant from and against those damages and costs (including reasonable attorneys’ fees) that Consultant incurs as a result of third party claims for personal injury or property damage to the extent caused by the negligent acts, errors or omissions of Client. 10.Legal Proceedings. In the event Consultant or its employees are required by Client to provide testimony, answer interrogatories, produce documents or otherwise provide information in relation to any litigation, arbitration, proceeding or other inquiry arising out of Consultant’s services, where Consultant is not a party to such proceeding, Client will compensate Consultant for its services and reimburse Consultant for all related direct costs incurred in connection with providing such testimony or information. 11.Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided however, that neither party shall assign this Agreement in whole or in part without the prior written consent of the other party. 12.Insurance. Consultant agrees to maintain the following insurance coverage with the following limits of insurance during the performance of Consultant’s work hereunder: (a) Commercial General Liability insurance with standard ISO coverage and available limits of $1,000,000 per occurrence and $2,000,000 general aggregate; (b) Automobile Liability insurance with standard ISO coverage and available combined single limits of $1,000,000 per accident; (c) Worker’s Compensation insurance with limits as required by statute and Employer’s Liability insurance with limits of $1,000,000 per employee for bodily injury by accident/$1,000,000 per employee for bodily injury by disease/$1,000,000 policy limit for disease; and (d) Professional Liability insurance covering the Consultant’s negligent acts, errors, or omissions in the performance of professional services with available limits of $1,000,000 per claim and annual aggregate. Consultant shall provide a certificate of insurance evidencing such insurance coverage to Client prior to the start of Consultant’s work and annually upon renewal of coverage. Consultant shall cause Client to be named as an additional insured on Consultant’s commercial general liability and auto liability policies, which shall be primary and noncontributory. 13.Consequential Damages. Neither Client nor Consultant shall be liable to the other or shall make any claim for any special, incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, loss of business or diminution of property value and shall apply regardless of legal theory such damages are alleged including negligence, strict liability, breach of contract and breach of warranty. 14.Payment. Unless agreed to otherwise, Consultant shall submit monthly invoices to the Client. Payment in full shall be due upon receipt of the invoice. Payment of any invoices by the Client shall be taken to mean that the Client is satisfied with the Consultant’s services to the date of the payment and is not aware of any deficiencies in those services. If payments are delinquent after 30 days from invoice date, the Client agrees to pay interest on the unpaid balance at the rate of one percent (1%) per month. If the Client fails to make payments when due; then Consultant, after giving seven (7) days written notice to the Client, may suspend services until the Client has paid in full all amounts due for services, expenses, and other related charges without recourse to the Client for loss or damage caused by such suspension. Payment for Consultant’s services is not contingent on any factor, except the Consultant’s ability to provide services in a manner consistent with the Standard of Care. If the Client contests an invoice, the Client may withhold only that portion so contested and shall pay the undisputed portion. 15.Force Majeure. Neither Client nor Consultant shall be liable for the failure to perform (except Client’s obligation to make payment when due) caused by any contingency beyond their reasonable control, including but not limited to, acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. Page 122 of 354 EXHIBIT B GENERAL TERMS AND CONDITIONS PROFESSIONAL SERVICES Neel-Schaffer, Inc Page 3 of 3 Rev. 12-12-2023 16.Compliance with Laws. To the extent applicable to Consultant’s services, Consultant shall exercise due professional care to comply with all applicable laws, including ordinances of any political subdivisions or governing agencies. 17.Invalid Terms. If any provisions of this Agreement are held to be invalid or unenforceable, the remaining provisions shall be valid and binding as if the unenforceable provisions were never included in the Agreement. 18.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state where the services are performed. 19.Dispute Resolution. All disputes, controversies or claims, of whatever kind or character, between the Parties, their agents and/or principals, arising out of or in connection with the subject matter of this Agreement shall be litigated in a court of competent jurisdiction. 20.Additional Services. Consultant shall be entitled to an equitable adjustment to its fee and schedule for additional services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, Client’s schedule, construction schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or other documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Consultant’s control. 21.Amendment. This Agreement may only be amended in writing and where such amendment is executed by a duly authorized representatives of each party. 22.Entire Understanding of Agreement. This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and Consultant hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of this Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement. 23.Survival of Provisions. The provisions of this Agreement shall continue to be binding upon the parties hereto notwithstanding termination of this Agreement for any reason. 24.Nonwaiver. No waiver by a party of any provision of this Agreement shall be deemed to have been made unless in writing and signed by such party. 25.Identity of Project Owner. Within ten (10) days of the entry of this Agreement, Client, if Client is not the Project Owner, shall provide to Consultant the Project Owner’s full legal name; Project Owner’s physical address; Project Owner’s mailing address; and the name, physical address and mailing address of the Client’s point of contact with the Owner for the Project. 26.Conflicting Terms. If there are multiple agreements with varying or conflicting terms and conditions between Client and Consultant, the terms and conditions contained in this Agreement shall supersede and have precedence over any other conflicting terms and conditions contained in any other written or oral agreement. [The remainder of this page intentionally left blank] Page 123 of 354 3/4/2025 Alabama Department of Transportation 7:33 AM Project No. County Description Scope of Work Project Length Miles Consultant GRAND TOTAL OF FEE PROPOSAL Corridor Study $40,000 Field Surveys $0 Roadway Plans $0 GRAND TOTAL FEE $40,000 Combined overhead rate (%) >>>>>>>>>>>>>>>148.31 Facilities Capital Cost of Money (if used) >>>>>>0.48 LABOR RATES Classification Daily Rate Project Manager $672.00 Engineer $560.00 Engineering Technician/CADD $440.00 Environmental Technician $440.00 Clerical $240.00 **Certification of Out-of-Pocket Expenses: If Out-of-Pocket Expenses are included in this proposal, we hereby certify that these costs are not included in the Combined Overhead Rate and are typically invoiced to all clients as a direct job cost. _______________________ _________ Date _______________________ Signed Position/Title 2025-PWI 005 Twin Beech Corridor Study Neel-Schaffer, Inc. Baldwin Form Revised 7-30-13 Page 124 of 354 3/4/2025 Alabama Department of Transportation 7:33 AM Project No.2025-PWI 005 County Baldwin Description Twin Beech Corridor Study Scope of Work Project Length 0.00 Miles Consultant Neel-Schaffer, Inc. Engineer Engineer. Tech.Environment Environ. Tech.Clerical Task A: Corridor Study A-1 Existing Conditions 1.50 0.00 0.00 0.00 0.00 A-2 Crash Analysis 1.00 1.00 0.00 0.00 0.00 A-3 Concept Development/Analysis 3.00 5.00 0.00 0.00 0.00 A-4 Future Analysis 2.00 0.00 0.00 0.00 0.00 A-5 Report 3.00 3.00 0.00 0.00 0.00 A-6 Meetings 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Task A Totals 13.50 9.00 0.00 0.00 0.00 TOTALS 13.50 9.00 0.00 0.00 0.00 CORRIDOR STUDY Form Revised 1-3-13 Page 125 of 354 3/4/2025 Alabama Department of Transportation 7:33 AM Project No.2025-PWI 005 County Baldwin Description Twin Beech Corridor Study Scope of Work Project Length 0.00 Miles Consultant Neel-Schaffer, Inc. Fee Proposal (Corridor Study) PERSONNEL COST Man-days x Daily Rate Project Manager (10% of Eng.)1.35 672.00$ 907.20$ Engineer 13.50 560.00$ 7,560.00$ Engineering Technician/CADD 9.00 440.00$ 3,960.00$ Environmental Technician 0.00 440.00$ -$ Clerical 0.00 240.00$ -$ Total Direct Labor 12,427.20$ Combined Overhead (%)148.31 18,430.78$ Out-of-Pocket Expenses**583.25$ Sub-Total 31,441.23$ Operating Margin (10%)3,144.12$ Sub-Total 34,585.35$ SUB-CONSULTANTS (attach man-day & fee FROM each sub-consultant; show total fee for each here) Southern Traffic (Traffic Counts)5,100.00$ -$ -$ -$ -$ -$ Subconsultant Administration Expense (5%)255.00$ Sub-Total 39,940.35$ Facilities Capital Cost of Money (% of Direct Labor)0.48 59.65$ TOTAL FEE 40,000.00$ **See Grand Total Fee sheet Form Revised 1-3-13 Page 126 of 354 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Richard D. Johnson, PE City Eng./Nicole Love, Grants Coord. Date: 03-04-2025 Department: Public Works – Capital Projects Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. Neel-Schaffer $ Authorize Mayor to Execute Contract $40K NTE 2. Click or tap here to enter text. $ 3. Click or tap here to enter text. $ Check any applicable boxes: ☐ State Contract ☒ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) ITEM OR SERVICE INFORMATION 1. What item or service do you need to purchase? Selection of Professional Traffic Engineering Services 2. What is the total cost of the item or service? Estimate - $40,000.00 – 20% City and 80% ESMPO 3. How many do you need? Engineering for 2025-PWI 005 Twin Beech Corridor Study 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Neel-Schaffer 6. Vendor Number: 782 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? $500,000.00 (in the aggregate - unencumbered) 3. Budget code: 103-55856 Line 10 - City wide street resurf/misc – this is misc at 20/80 ESMPO need $8,000.00 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 127 of 354 RESOLUTION NO. 5404-25 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 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 Attest: Page 128 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1431 FROM: Daryl Morefield, WATER SUPERINTENDENT Richard Johnson, CITY ENGINEER SUBJECT: Right-of-Entry and Permanent Utility Easement from the Fairhope Single Tax Corporation, Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00) at 9621 Fairhope Avenue, Fairhope, Alabama 36532. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council approves a resolution for Right-of-Entry and Permanent Utility Easement from the Fairhope Single Tax Corporation, Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00) at 9621 Fairhope Avenue, Fairhope, Alabama 36532. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59500 Wastewater - Utility System Improve $3,024.00 $3,024.00 $0.00 GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 129 of 354 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 130 of 354 RESOLUTION NO. ____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and accepts the Right-of- Entry and Permanent Utility Easement from the Fairhope Single Tax Corporation, Arthur R. Pouncey and Pam Pouncey to the City of Fairhope for and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00) for the following purposes, to-wit: The right to enter upon the hereinafter described land and grade, level, cut, fill, build, inspect, repair, replace and maintain a 180-degree return on a force main as part of the public sewer system, together with such valves, culverts, pipes, fittings and connections as may be necessary, and all other work related to the future maintenance of the Fairhope Sewer Utility Improvements Project located at 9621 Fairhope Avenue, Fairhope, Alabama 36532. Adopted on this 14th day of April, 2025 ________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 131 of 354 RIGHT-OF-ENTRY & PERMANENT UTILITY EASEMENT STATE OF ALABAMA} COUNTY OF BALDWIN} The undersigned hereby certifies and warrants that he or she is the title owner or the authorized agent of said owner of the property described herein, and the undersigned hereby authorized the City of Fairhope (City), its successors and assigns, including its contractors and subcontractors, the authority and permission to enter in and onto the premises and for the further consideration of the benefits accruing to us and to the public from the utility improvement of property abutting and adjacent to our land, for and in consideration of the sum of THREE THOUSAND AND TWENTY FOUR DOLLARS ($3,024.00) in hand paid by the CITY OF FAIRHOPE, a Municipal Corporation, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL and CONVEY unto said City of Fairhope and its assigns, an easement and right of entry for the following purposes, to-wit: The right to enter upon the hereinafter described land and grade, level, cut, fill, build, inspect, repair, replace and maintain a 180-degree return on a force main as part of the public sewer system, together with such valves, culverts, pipes, fittings and connections as may be necessary, and all other work related to the future maintenance of the Fairhope Sewer Utility Improvements Project located within the described easement within the County of Baldwin, State of Alabama, more commonly identified as (As shown in the attached Exhibit): 10’ x 60’ SEWER UTILITY Easement: A 10’ X 60’ RECTANGLE LOCATED AT THE SOUTHWEST CORNER OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ SECTION 15, TOWNSHIP 6 SOUTH, RANGE 2 EAST, SAID EASEMENT CONTAINING 600 SQUARE FEET (0.014 ACRES) MORE OR LESS. County Tax Parcel Information: Parcel Identification No.: 05-46-05-15-0-000-003.539 PPIN No.: 15181 Sect: 15 Township: 6 South Range: 2 East Property Physical Address: 9621 FAIRHOPE AVE; Fairhope, AL 36532 All proposed work and future maintenance of the UTILITY shall be at no direct expense to the said property owner. All completed work will be subterranean with no completed infrastructure above grade. Page 132 of 354 There will be no restrictions placed on the rights of the grantor to utilize the surface area of the easement. It is understood and agreed that any and all lands and/or improvements, including trees and shrubs, that are disturbed in the utilization of the rights hereby granted will be restored to a condition substantially the same or better as existed immediately prior to said disturbance. This shall include full restoration of future property owner improvements if the City is required to disturb said improvements due to required system maintenance. All rights hereby granted are permanent in nature for future inspection, maintenance and repair of the infrastructure(s) by the City of Fairhope, its successors and assigns. For the considerations and purposes set forth herein, 1 hereby set my hand and seal this the day of , 20 . Executed By: _______________________________________ Fee Simple Property Owner By: Lee Turner, President Fairhope Single Tax Corporation ________________________________________ Arthur R. Pouncey, Leasehold Owner ________________________________________ Pam Pouncey, Leasehold Owner 9621 Fairhope Avenue, Fairhope, AL 36532 (Address) 251-802-2956 (Telephone Number) Witness/Attest: ________________________________ Page 133 of 354 ± 1 inch = 50 feet Pouncey Property - PIN: 15181 PID: 05-46-05-15-0-000-003.539 10' x 60' (600 Sq Ft) Sewer Easement Existing Sewer Force Main Fairhope Fairhope Proposed Sewer Force Main EXHIBIT A Pouncey Easement Map BC Parcels Road Centerlines 2022 BC Image Layer RGB 0 12.5 25 50 75 100 Feet Red: Band_1 Green: Band_2 Blue: Band_3 Thompson Hall Page 134 of 354 Page 135 of 354 PIN 15181 PARCEL 46-05-15-0-000-003.539 ACCOUNT NUMBER 8129    OWNER FST AND POUNCEY, ARTHUR R ETAL PAM MAILING ADDRESS 9621 FAIRHOPE AVE,  FAIRHOPE, AL 365324205 PROPERTY ADDRESS 9621 FAIRHOPE AVE    LEGAL DESCRIPTION 20 AC W1/2 OF SW1/4 NE1/4 SEC 15-6-2 FST WARR BOS-SURVIVORS HIP) INST 728327 EXEMPT CODE H4F TAX DISTRICT Fairhope - Fairhope School Tax PROPERTY TAX Baldwin County, Alabama Current Date: 3/31/2025 Tax Year: Parcel Info Tax Information PPIN YEAR TAX TYPE TAXES PENALTIES / INTEREST SUBTOTAL AMT PAID BALANCE DUE 15181 2024 REAL $ 4,124.98 $ 0.00 $ 4,124.98 $ 4,124.98 $ 0.00 2024 (Billing Year: 2024) TAXES WERE DUE BEGINNING 10/1/2024, DELINQUENT AFTER 12/31/2024 Page 136 of 354 Total Due: $ 0.00 LAST PAYMENT DATE 12/20/2024 PAID BY FAIRHOPE SINGLE TAX CORP Property Values Total Acres 20.00 Use Value $8,378 Land Value $688,700 Improvement Value $777,700 Total Appraised Value $1,466,400 Total Taxable Value $889,278 Assessment Value $93,800 Subdivision Information Code Name Lot Block Type / Book / Page IN / N/A / 728326 S/T/R 15-6S-2E Detail Information TYPE REF DESCRIPTION LAND USE TC HS PN APPRAISED VALUE LAND 1 14.000 Acres 8210-PASTURE (GOOD B1)3 Y N $482,200 LAND 2 1.000 Acres 6990-OTHER SERVICES 2 N N $34,400 LAND 3 1.000 Acres 1110-SINGLE FAMILY RESIDENCE 3 Y N $34,400 LAND 4 1.000 Acres 1110-SINGLE FAMILY RESIDENCE 3 N N $34,400 LAND 5 3.000 Acres 8230-PASTURE (POOR B3)3 Y N $103,300 RES/COM 1 111 - SINGLE FAMILY RESIDENCE -3 N N $122,000 RES/COM 2 111 - SINGLE FAMILY RESIDENCE -3 Y N $269,900 RES/COM 3 600 - SERVICE/SHOP (LOW PARTITION)-2 N N $351,900 PAVILION 1 PAV - PAVILION -3 Y N $33,900 Building Components Page 137 of 354 Improvement Year Built 1935 Structure SINGLE FAMILY RESIDENCE Structure Code 111 Total Living Area 1440 Building Value N/A    Computations Stories 1.0 1st Level Sq. Ft.1440 Add'l Level Sq. Ft.0 Total Living Area 1440 Total Adjusted Area 1478 Materials and Features Foundation PIERS - 100 Exterior Walls WOOD FRAME ASBES - 100 Roof Type HIP-GABLE - 100 Roof Material ASPH.SHINGLE HVY - 100 Floors HARDWOOD - 100 Interior Finish DRYWALL - 100 Plumbing AVERAGE - 100 Plumbing BATH 2FIX - 1 Heat/AC FHA/AC - 1440 Improvement Year Built 1979 Year Remodeled 2010 Structure SINGLE FAMILY RESIDENCE Structure Code 111 Total Living Area 2720 Building Value N/A    Computations Stories 1.0 1st Level Sq. Ft.2720 Add'l Level Sq. Ft.0 Total Living Area 2720 Total Adjusted Area 2951 Materials and Features Foundation SLAB - 100 Exterior Walls CEDAR, TEXTURE - 100 Roof Type HIP-GABLE - 100 Roof Material ENAMEL METAL SHI - 100 Floors PARQUET - 100 Interior Finish DRYWALL - 100 Plumbing AVERAGE - 100 Plumbing BATH 5FIX - 1 Heat/AC FHA/AC - 2720 Improvement Year Built 1999 Structure SERVICE/SHOP (LOW PARTITION) Structure Code 600 Total Living Area 5000 Building Value N/A    Computations Stories 1.0 1st Level Sq. Ft.5000 Add'l Level Sq. Ft.0 Total Living Area 5000 Total Adjusted Area 5379 Materials and Features Foundation SLAB - 100 Exterior Walls BRICK ON WOOD - 100 Roof Type HIP-GABLE - 100 Roof Material ASPH.SHINGLE HVY - 100 Floors CONCRETE ON GRAD - 100 Interior Finish UNFINISHED - 100 Plumbing AVERAGE - 100 Plumbing BATH 2FIX - 3 Heat/AC FHA/AC - 5000 Office OFFICE AVERAGE - 1200 Doors DOOR STEEL OVERHEAD MANUAL - 220 Page 138 of 354 Improvement Year Built 2003 Structure PAVILION Structure Code PAV Total Living Area 864 Building Value N/A    Computations Stories 1.0 1st Level Sq. Ft.864 Add'l Level Sq. Ft.0 Total Living Area 864 Total Adjusted Area 864 Materials and Features ** No Materials / Features For This Improvement ** Tax Sales **NO TAX SALES FOUND** Page 139 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1406 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: Authorizing Mayor Sherry Sullivan to inform and submit the Municipal Water Pollution Prevention Program (MWPP) Report for 2024 to the Department of Environmental Management. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council adopts a Resolution authorizing Mayor Sherry Sullivan to inform and submit the Municipal Water Pollution Prevention Program (MWPP) Report for 2024 to the Department of Environmental Management. BACKGROUND INFORMATION: The NPDES Sanitary Sewer Overflow (SSO) Event Reporting Forms are on file in the City Clerk's Office. 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 140 of 354 RESOLUTION NO. _____ MUNICIPAL WATER POLLUTION PREVENTION (MWPP) PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, that Mayor Sherry Sullivan is hereby authorized to inform the Department of Environmental Management that the following actions were taken by the City Council of the City of Fairhope, Alabama. 1. Reviewed the MWPP Annual Report which is attached to the resolution. 2. Set forth the following actions and schedule necessary to maintain effluent requirement contained in the NPDES Permit, and to prevent the bypass and overflow of raw sewage within the collection system or at the treatment plant: (a) Continue to locate and repair breaches in the collection system that allow infiltration and flow into the wastewater system. (b) Continue to upgrade transmission capacity to keep pace with growth. (c) Continue to develop maintenance alarms within the SCADA System that encourage a proactive maintenance response to prolong the useful life of pumps and motors in the system. (d) Use the SCADA System using system storage and future side stream storage systems when available. (e) Continue to perform O & M requirements to the treatment and collection system and complete repairs when discovered. Adopted this 14th day of April, 2025 ___________________________________ Jack Burrell, Council President Attest: __________________________________ Lisa A. Hanks, MMC City Clerk I, Lisa A. Hanks, City Clerk of the City of Fairhope, Alabama, do hereby certify that this is a true and correct copy of Resolution No. _______ passed and approved by the City Council of the City of Fairhope, Alabama, on the 14th day of April, 2025. __________________________________________________________________________________ Lisa A. Hanks, City Clerk Date Page 141 of 354 MUNICIPAL WATER POLLUTION PREVENTION {MWPP) ANNUAL REPORT SUBMITTED BY : TREATMENT FACILITY : Fairhope Wastewater Plant NPDES #: AL 00 20 84 2 -~--------- MUNICIPALITY : _C_ity_o_f_F_a _irh_o_p_e _________ COUNTY: Baldwin CONTACT PERSON : CHIEF OPERATOR : REVIEWED BY : ADEM Form 417 07/15 m3 Daryl Morefield Responsible Official Water and Wastewater Superintendent Title Telephone#: _2_s_1-_92_8_-_so_o_3 ____ Fax #: ________ _ E -1 Add daryl.morefield@fairhopeal.gov maI ress : ___________________ _ Dennis Scott Name Telephone#: 251-990-0139 Fax#: _________ _ E -1 Add dennis.scott@fairhopeal.gov maI ress : ___________________ _ Date : Jl19j'goz.S:- D. Robert Vaughan, Krebs Engineering , Inc . Consulting Engineer Telephone#: 205-9877411 Date : 3/19/2025 Fax#: _________ _ Page 1 of 17 Page 142 of 354 MWPP Annual Report Information Source List The following information will be needed to complete the compliance maintenance report that covers the calendar year of 2024 (due May 31, 2025 ). Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 A. The average plant influent flow for each month (million gallons per day/MGD) during the year. B. The average plant influent BOD (CBOD) for each month (mg/I and lb/day) in the year . C. The plant's average design flow (MGD) and design BOD (CBOD) loading (lbs/day). A. The monthly average permit and DMR effluent concentration for BOD (CBOD), TSS , NH3-N , and/or TKN in mg/I for the year B. The monthly average effluent limits and DMR loading for BOD (CBOD), TSS , NH3 -N, and/or TKN in lbs/day for the year The age of the treatment plant defined as the number of years since the last major reconstruction to increase the organic or hydraulic capacity of the plant. The last calendar year minus the year the new construction was brought on-line . Bypass and overflow information . This is the number of bypass or overflow events of untreated wastewater due to heavy rain or equipment failure whether intentional or inadvertent from all collection systems tributary to the treatment facility. A. Describe the characteristics and quantity of sludge generated . B. If sludge is landspread , how many months of sludge storage does the plant have? This should include on-site and off-site storage from the treatment plant. The digestor capacity may be used in the calculation . A. Sludge Disposal Method B. The number of approved land disposal sites for sludge available , and how many months or years these disposal sites will these be available for use . Part 7 The number of sewer extensions installed in the community last year , the design population , design flow , and design BOD (CBOD) for each sewer extension . Part 8 Operator Certification Part 9 Financial Status Part 1 O Subjective Evaluation Part 11 Summary Sheet ADEM Form 417 07/15 m3 Page 2 of 17 Page 143 of 354 State of Alabama MWPP Annual Report Department of Environmental Management Instructions to the Operator-in-Charge 1. Complete all sections of the MWPP Report to the best of your ability . 2. Parts 1 through 8 contain questions for which points will be generated . These points are intended to communicate to the Department and the governing body or owner the actions necessary to prevent effluent violations. Enter the point totals from Parts 1 through 8 on Part 11 : Summary Sheet. 3. Add the point totals on Part 11 : Summary Sheet. 4. Submit the MWPP Report to the governing body and the consulting engineer and owner for review and approval. 5. The governing body should pass a resolution which contains the following points: a. The resolution should acknowledge the governing body or owner has reviewed the MWPP Report . b. The resolution should indicate what actions will be taken to prevent effluent violations . c. The resolution should provide any other information the governing body or owner deems appropriate. 6 . The MWPP Report and the resolution must be submitted by May 31 st to Municipal Section, Water Division, ADEM, P.O. Box 301463, Montgomery, AL 36130-1463. ADEM Form 417 07/15 m3 Page 3 of 17 Page 144 of 354 Facility Name : City of Fairhope WWTP Part 1 : Influent Load ing/Flows A. List the average monthly volumetric flows and BOD 5 (CBOD5) loadings received at your facility during the last calendar year. Column 1 Column 2 Column 3 Average Average Monthly Average Monthly BOD s (CBOD s) Loading BOD s Flowrate Concentration (CBOD s) Month (MGD) (mg/I) (lbs/day**) January 1.6 4 17 0 2382 February 2.04 19 0 3183 March 2.38 184 3618 April 2.14 18 4 3114 May 2.60 188 3841 June 2.33 16 0 3039 July 2.43 15 7 3086 August 2.0 7 179 313 1 September 2.11 15 4 2716 October 1.9 0 183 2914 November 2.07 161 266 0 December 2.37 15 6 2617 Annual Avg. 2.1 7 172 3025 ** As reported on NPDES Discharge Monitoring Reports (DMRs) and as required by EPA 's NPDES Self-Monitoring System , User Guide , March 1985. B. List the average design flow and average design BOD 5 (CBOD5 ) loading for the fac ility be low. If you are not aware of these design quantities , contact your consult ing enginee r. Design Criteria 90% of the Design Criteria ADEM Form 417 07/15 m3 Average Design Flow 4.00 4.00 3.60 Average Des ign BOD s (CBODs) Loading (lbs/day) 11676 105 08 Pag e 4 of 17 Page 145 of 354 C. How many times did the monthly flow (Column 1) to the WWTP exceed 90% of design flow? 0 (Check the appropriate point total) Iii O - 4 = 0 points D 5 or more = 5 points D. How many times did the monthly flow (Column 1) to the WWTP exceed the design flow? ____ o ___ (Check the appropriate point total) Iii O = 0 points D 1 -2 = 5 points D 3 -4 = 10 points D 5 or more = 15 points E. How many times did the monthly BOD 5 (CBOD 5)* loading (lbs/day) (Column 3) to the WWTP exceed 90% of the design loading? 0 (Check the appropriate point total) Iii O -1 = 0 points D 2 -4 =5 points D 5 or more = 10 points F. How many times did the monthly BOD 5 (CBOD 5)* loading (lbs/day) (Column 3) to the WWTP exceed the design loading? 0 (Check the appropriate point total) ■ 0 = 0 points D 1 = 10 points D 2 =20 points D 3 =30 points D 4 =40 points D 5 or more =50 points G. Enter each point value marked for C through F and enter the sum in the appropriate blank below. C points= 0 D points= 0 E points= 0 F points= 0 TOTAL POINTS VALUE FOR PART 1 0 Enter this value on Part 11 : Summary Sheet. *To obtain equivalent BOD 5 loading for comparison with design loading for those permittees using influent CBOD 5 , divide annual average CBOD 5 , loading in lbs/day from Part 1, A by 0.7. ADEM Form 417 07/15 m3 Page 5 of 17 Page 146 of 354 Facility Name : City of Fairh op e WWTP Part 2 : Effluent Quality/Plant Performance A. List the monthly average permit limits for the facility in the blanks below and the average monthly effluent DMR B0D5 , (CBOD 5) TSS, NH 3-N and/or TKN concentration produced by the facility during the last calendar year. (1) NPDES Permit Concentration BOD s Permit Limit Months 1-1 2 (2) DMR Concentration Qtr Month 1 January February March 2 April May June 3 July August September 4 October November December Annual Avg. ADEM Form 417 07/15 m3 (CBODs) (mg/I) 15 BOD s (CBODs) (mg/I) 2.2 3.6 2.1 2.2 1.8 1.9 2.2 1.8 1.8 2.1 1.8 1.9 2.1 TSS (mg/I) 30 TSS (mg/I) 1.2 1.6 1.0 0.6 0.4 0.4 0.8 0.6 1.1 1.2 1.2 1.4 1.0 NH 3-N (mg/I) 0.6 1.7 2.5 2.8 0.6 0.4 4.8 0.7 0.2 0.6 0.5 2.0 1.5 TKN (mg/I) 20 TKN (mg/I ) 1.3 2.5 3.5 3.9 2.0 1.6 5.5 1.9 1.2 1.4 1.1 3.8 2.5 Page 6 of 17 Page 147 of 354 B. List the monthly average permit limit and DMR loadings below. (1) NPDES Permit Loading Months Permit 1-12 Limit (2) DMR Loading Qtr Month 1 January February March 2 April May June 3 July August September 4 October November December Annual Avg. BODs (CBOD 5) (lbs/day) 500 BODs (CBODs) (lbs/day) 32 60 44 43 42 37 42 32 3 1 34 3 1 4 1 39 TSS (lbs/day) 1000 TSS (lbs/day) 16 26 2 1 13 8.8 7.0 16 11 20 19 2 1 25 17 NH r N (lbs/day) 333 NH r N (lbs/day) 9.9 28 5 1 50 12 7.9 96 12 4.2 8.4 9.0 39 27 TKN (lbs/day) 667 TKN (lbs/day) 20 42 68 66 42 31 104 33 21 21 20 63 44 C. During the past year did the BOD 5 (CBOD 5) concentration (mg/I) and/or load ing (lbs/day) exceed the product of 1.4 times the monthly average permit limit during two months of any consecutive quarters? (Check the appropriate point total.) Ii] No = O po ints D Yes= 121 points ADEM Form 417 07/15 m3 Page 7 of 17 Page 148 of 354 D. During the past year did the BOD 5 (CBOD 5) concentration (mg/I) and/or loading (lbs/day), exceed the monthly average permit limit during four months of any two consecutive quarters? (Check the appropriate point total.) Iii No = O points D Yes = 121 points E. During the past year did the effluent TSS concentration (mg/I) or loading (lbs/day) exceed the product of 1.4 times the monthly average permit limit during two months of any two consecutive quarters? (Check the appropriate point total.) Iii No= O points D Yes= 121 points F. During the past year did the TSS concentration (mg/I) and/or loading (lbs/day) exceed the monthly average permit limit during four months of any two consecutive quarters? (Check the appropriate point total.) Iii No = 0 points D Yes= 121 points G. During the past year did the NHrN or TKN concentration (mg/I) and/or loading (lbs/day) exceed the product of 1.4 times the monthly average permit limit during two months of any two consecutive quarters? (Check the appropriate point total.) Iii No= O points D Yes= 121 points H. During the past year did either the NH 3-N or TKN concentration (mg/I) and/or loading (lbs/day), exceed the monthly average permit limit during four months of any two consecutive quarters? (Check the appropriate point total.) Iii No= 0 points D Yes= 121 points I. Enter each point value checked for C through H in the blanks below. C Points= 0 D Points= 0 E Points= 0 F Points= 0 G Points= 0 H Points= 0 HIGHEST INDIVIDUAL POINT VALUE FOR PART 2 (C-H) Enter this value on Part 11: Summary Sheet. ADEM Form 417 07/15 m3 __ O __ (HIGHEST POINT= 121) Page 8 of 17 Page 149 of 354 Facility Name : City ofFai rhope WWTP Part 3: Age of the Wastewater Treatment Facility A. What year was the wastewater treatment plant constructed or last reconstructed? Subtract the above answer from the report year to determine age : Age = (Last Calendar year) -(Answer to A) 9 2024 20 15 Age _____ = ( ) -(._ ____ .... ) Enter Age in Part C below . 20 15 B . Check the type of treatment facility employed . C. _x __ Mechanical Treatment Plant ___ .Aerated Lagoon Stabilization Pond --- ___ Other (Specify : Factor 2 .0 1.5 1.0 1.0 Multiply the factor listed next to the type of the fac ility your community employs by the age of your facility to determine the total point value for Part 3 : 2.0 9 18 x ____ _ = TOTAL POINT VALUE FOR PART 3 (Factor) (Age) Enter the above value on Part 11: Summary Sheet. If the total point value exceeds 40 , enter 40 on Part 11 : Summary Sheet. ADEM Form 417 07/15 m3 Page 9 of 17 Page 150 of 354 Facility Name : City of Fairhope WWTP Part 4 : Bypassing and Overflows A. How many bypass or overflow events of untreated wastewater occurred in the last year at the WWTP due to heavy rain? 3 B. How many bypass or overflow events of untreated wastewater occurred in the last year prior to the headworks of the WWTP due to heavy rain? 6 C . How many of the bypass or overflow events listed in Parts A and B have been corrected such that future bypass or overflow events at the same location due to heavy rain are not anticipated? 6 D. Add together Answers A and B and subtract Answer C from that total. A + B - C = ________ (Check the appropriate point total.) D 2 =10 points Ii] 3 =15 points D 6 = 30 points D 7 = 35 points D O = O points D 4 =20 points D 8 =40 points D 1 = 5 points D 5 =25 points D 9 =45 points D 10 =50 points D 11 or more =100 points E. How many bypass or overflow events of untreated wastewater occurred in the last year at the WWTP due to equipment failure? (This includes clogged/broken lines or manholes.) O F. How many bypass or overflow events of untreated wastewater occurred in the last year due to equipment failure prior to the headworks of the WWTP? (This includes clogged/broken lines or manholes .) 8 G. How many of the bypass or overflow events listed in Parts E and F have been corrected such that future bypass or overflow events at the same location due to the same equipment failure are not anticipated? 8 H. Add together Answers E and F and subtract Answer G from that total. E + F - G = _________ (Check the appropriate point total.) D 2 =10 points D 3 =15 points D 6 = 30 points D 7 = 35 points Ii] O = O points D 4 =20 points D 8 =40 points D 1 = 5 points D 5 =25 points D 9 =45 points D 10 =50 points D 11 or more =100 points I. Add point values checked in D and H and enter the total in the blank below . TOTAL POINT VALUE FOR PART 4 15 Enter this value on Part 11 : Summary Sheet. All bypass or overflow events that have occurred in the last year (for any reason) must be individually reported with this MWPP report . ADEM Form 417 07115 m3 Page 10 of 17 Page 151 of 354 Facility Name: City of Fairhope WWTP Part 5: Sludge Quantity and Storage A. Please provide information concerning sludge quantity , characteristics , and storage practices based on available data as requested on the MWPP Sewage Sludge Survey, ADEM Form 419. B. How many months of sludge storage capac ity does the wastewate r treatment facility have available , either on -site or off-site? (i.e ., How many months can the fac ility operate without land spreading or disposing of sludge?) (Check the appropriate point total.) Greater than or equal to 4 months Less than 4 months , but greater than or equal to 3 months Less than 3 months , but greater than or equal to 2 months Less than 2 months , but greater than or equal to 1 month Less than one month TOTAL POINT VALUE FOR PART 5 0 Enter this value on Part 11 : Summary Sheet. Part 6: Sludge Disposal Practices and Sites 0 = O po ints □ = 10 points □ = 20 points □ = 30 points □ = 50 po ints A. Please provide the sludge disposal practices and site information based on available data as requested on the MWPP Sewage Sludge Survey, ADEM Form 419. B. How many months or years does the facility have access to and approval for sufficient land disposal sites to provide proper land disposal? (Check the appropriate point to tal.) 36 or more months [j] = O points 24 -35 months □ = 10 points 12 -23 months □ = 20 points 6 -11 months D = 30 points Less than 6 months D = 50 points TOTAL POINT VALUE FOR PART 6 0 Enter this value on Part 11 : Summary Sheet. ADEM Form 417 07/15 m3 Page 11 of 17 Page 152 of 354 Facility Name : City of Fairhop e WWTP Part 7: New Development Are there any major new developments (industrial , commercial , or residential) in the last calendar year or anticipated in the next 2-3 years such that either flow or BOD 5 (CBOD 5) loadings to the sewage system could significantly increase? Estimate additional loadings below . Design Design Design Population : ___ l_l_63 ___ Flow : ___ O._l _l6 __ MGD BOD 5 (CBOD 5): __ l 9_5_Ibs/day Equivalent (PE) List industrial and/or residential developments . Total of all approve d deve lopment i s 456 dwellings . Will the additional loading overload the plant? (Check the appropriate point total.) Iii No = 0 points D Yes = 121 points Enter the point total in the blank below. TOTAL POINT VALUE FOR PART 7 ____ O ___ (highest point total= 121 ) Enter th is value on Part 11: Summary Sheet. Part 8 : Operator Certification Complete the Plant and Collection System Personnel Inventory, ADEM Form 441 . Do both the plant operator and collection system staffing comply with ADEM Administrative Code ; Division 10 , Operator Certification Program? (Check the appropriate point total.) Iii Yes= 0 points D No= 121 points TOTAL POINT VALUE FOR PART 8 ____ o ___ (highest point total= 121) Enter this value on Part 11: Summary Sheet. ADEM Form 417 07/15 m3 Page 12 of 17 Page 153 of 354 Facility Name: City of Fairhope WWTP Part 9: Financial Status A. Are User-Charge Revenues sufficient to cover operation and maintenance expenses? If no , how are O&M costs being financed? Include user charge rates. Water and Sewer connection fees and rates are u se d to cover operation costs and capital improvement for the water and wastewater department. Residential Minimum ___ $2_2_·5_0_1_$2_0_·5_0 __ Plus rate $5• 75 1$6•00 /1 ,000 gal. Industrial Minimum __ $_2_2_.5_0l_$_20_._50 __ Plus rate $5.75 /$6 .00 11 ,000 gal. . . $34.50 /$36.00 (In Town/Out of Town Monthly resIdentIal rate based on 6 ,000 gallons usage $ _____________ _ B. What financial resources are available to pay for the wastewater improvements and/or reconstruction needs? Connection fees, monthly rates and Municipal bonds. C. Please attach a rate sheet and the most recent audit , if available. Rate sheet is attached. Part 10: Subjective Evaluation A. Describe briefly the physical and structural conditions of the wastewater treatment fac ili ty. The la st maj or upgrade was finished in Fall of 2015 . T he WWTP is maintained per manufacturer recommendations. A ll equipment throughout the wastewater plant has been maintained and is in good operating order. B. Describe the general condition of the sewer system (sewer lines , manholes, lift stations). Repairs and upgrades are cor-1tinua ll y being done throughout the system. ADEM Form 417 07/15 m3 Page 13 of 17 Page 154 of 354 C. What sewage system improvements does the community have planned for construction in the next 5 years? Headworks upgrade, Activated sludge system and clarifier upgrade , and filtration and UV disin- fection upgrade. D. What is the theoretical design life of the plant , and what is the estimated remaining useful life of the wastewater treatment facility? With the upgrades completed in 2015, engineers expect the theoretical design life of the wastewater treatment plant to be 15 to 18 years . E. What problems, if any, over the last year have threatened treatment or conveyance within the system? Large amounts of_rain in a short period are the biggest threat to the system. The City of Fairhope has been studying sources of inflow/infiltration and is working on projects to enlarge some undersized sewer lines . F. Is the community presently involved in formal planning for treatment facility upgrading? Yes. G. How many days in the last year were there residential backups at any point in the collection system for any reason other than clogging of the la~eral connection? -O- H. Does the plant have a written plan for preventive maintenance on major equipment items? If yes, describe. Standard operation procedures are based on equipment maintenance schedules provided by the manufacturer. ADEM Form 417 07/15 m3 Page 14 of 17 Page 155 of 354 I. Does this preventive maintenance program depict frequency of intervals, types of lubrication , and other preventive maintenance tasks necessary for each piece of equipment? (Check the appropriate response .) [i] Yes D No J. Are these preventive maintenance tasks, as well as equipment problems, being recorded and filed so future maintenance problems can be assessed properly? (Check the appropriate response .) [i] Yes D No K. Describe any major repairs or mechanical equipment replacement made in the last year and include the approximate cost for those repairs . Do not include major treatment plant construction or upgrading programs . UV Disinfection repairs -$75 ,668.52 ; Clarifiers and filters repairs -$164 ,104.00 ; Pumps and motors repairs/replacements -$117 ,463 .00 ; Lift Station repairs and Collection system maintenance -$190 ,792 .25 . L. List any additional comments . (Attach additional sheets if necessary .) ADEM Form 417 07/15 m3 Page 15 of 17 Page 156 of 354 Facility Name: City of Fairhope WWTP Part 11 : Summary Sheet 1. Enter in the values from Parts 1 through 8 in the left column below. Add the numbers in the left column to determine the MWPP Report point total the wastewater system generated for the previous calendar year. Actual Values Maximum Possible Part 1 0 points 80 points Part 2 0 points 121 points Part 3 18 points 40 points Part 4 15 points 200 points Part 5 0 points 50 points Part 6 0 points 50 points Part 7 0 points 121 points Part 8 0 points 121 points Total 33 points 783 points 2. Check the facility type that best describes the plant's treatment and disposal of wastewater. [j] Mechanical plant with surface water discharge D Aerated Lagoon or stabilization pond with surface water discharge D Mechanical plant using land disposal of liquid wastes D Aerated Lagoon or stabilization pond using land disposal of liquid wastes 3. Check the range that describes the action needed to address problems identified in the report . Ii] 0 -70 points Actions as Appropriate* D 71 -120 points Departmental Recommendation Range* D 121 -783 points Municipality Action Range* *Other actions may be required by NPDES outside the scope of this report. 4 . Complete the Municipal Water Pollution Prevention Resolution Form , ADEM Form 418 . ADEM Form 417 07/15 m3 Page 16 of 17 Page 157 of 354 5. In Question 1, do any of the actual point values in the left column equal the maximum possible points in the right column? (Check the appropriate response.) 0 Yes Ii] No If yes, provide a written explanation for this situation in the space below. ADEM Form 417 07/15 m3 Page 17 of 17 Page 158 of 354 Page 1 of 8 NPDES FORM 6100--035 Facility Information Facility Name : FAIRHOPE CITY OF NP DES ID : ALL020842 Program Information UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 BIOSOLIDS ANNUAL REPORT Form Approved. 0MB No. 2040--0004 . Exp. 07/31 /2026 Please select all of the following that apply to your obligation to submit a Sewage Sludge (Biosolids) Annual Report in compliance with 40 CFR part 503. The facility is: • a Class I Sludge Management Facility as defined in 40 CFR 503 .9 • a POTW with a design flow rate equal to or greater than one million gallons per day • a POTW that serves 10,000 people or more In the_ reporting period, did you manage your sewage sludge or biosollds using any of the following management practices : land appllcation, surface disposal, or Incineration? ~YES ONO If your facility is a POTW, please provide the estimated total amount of sewage sludge produced at your facility for the reporting period (In dry metric tons). If your facility Is not a POTW, please provide the estimated total amount of blosolids produced at your facility for the reporting period (in dry metric tons). 548 Reporting Period Start Date: 01/01/2024 Reporting Period End Date: 12/31/2024 Treatment Processes Processes to Slgnlflcantly Reduce Pathogens (PSRP): Aerobic Dig estion Lime Stabilization Processes to Further Reduce Pathogens (PFRP): Physlcal Treatment Options : Thickening ~-9 ·, Gravity and/or Flotation Thicken in g , Cent rifugation, Belt Filter Press , Vacuum Filter, Screw Press) Other Processes to Manage Sewage Sludge : Analytical Methods Did you or your facility collect sewage sludge or biosolids samples for laboratory analysis? Analytical Methods EPA Method 6010 -Arsenic (ICP-OES) EPA Method 6010 -Cadmium (ICP-OES) EPA Method 6010 -Chromium (ICP-OES ) EPA Method 6010 -Copper (ICP-OES) EPA Method 6010 -Lead (ICP -OES) EPA Method 7471 -Mercury (CVAA) EPA Method 6010 -Molybdenum (ICP-OES) EPA Method 6010-Nickel (ICP-OES) EPA Method 6010-Selenium (ICP-OES) EPA Method 6010 -Zinc (IC P-OES ) EPA Method 351 .2 -Total Kjeldahl Nitrogen • EPA Method 350 .1 -Ammonia Nitrogen • Standard Method 4500-NH3 -Ammonia Nitrogen • Standard Method 4500-N org -Organic Nitrogen • EPA Method 9095 -Paint Filter Liquids Test • Standard Method 2540 -Total Solids • Standard Method 2540 -Fixed Solids • Standard Method 2540 -Volatile Solids • EPA Method 9045 -pH (> 7% solids) • Standard Method 2550 -Temperature ~YES O NO Page 159 of 354 Page 2 of 8 • Standard Method 9221 -Fecal colifonn Sludge Management -Land Application ID: 001 Amount:548 Handler, Preparer, or Applier Type : Off-Site Thi rd-Party Handler or Applier Facility Information: Greensouth Solutions , LLC 30851 Smyrna Road Florala , AL 36442 us Contact Information : Cole Dunn Owner 850-239-0074 cole@greensouthsolutions .com Management Practice Detail: Agricultura l Land Appl ication Bulk or Bag/Container: Bulk Pathogen Class: Class A Sewage Sludge or Blosollds Pathogen Reduction Options: • Class A-Alternative 2 : pHrremperature/Percent Solids Sewage Sludge or Biosolids Vector Attraction Reduction Options: • Option 10 -Sewage Sludge Timely Incorporation into Land Amount Transferred (dry metric tons): 548 Did the facility land apply bulk sewage sludge when one or more pollutants in the sewage sludge exceeded 90 percent or more of any of the cumulative pollutant loading rates in Table 2 of 40 CFR 503.13? 0 YES & NO O UNKNOWN Monitoring Data INSTRUCTIONS: Pollutants , pathogen densities , and vector attraction reduction must be monitored when sewage sludge or biosolids are applied to the land . Please use the following section to report monitoring data for the land application conducted by you or your facility in the reporting period for th is SSUID . These monitoring data should be rep rese ntative of the sewage sludge or biosolids that was applied to land during the compl iance monitoring period for this SSUID (40 CFR 503 .8(a) (http://www.ecfr.gov/cgi-bin/text-idx? node=pt40 .32.503&rgn=d iv5#se40 .32 .503_ 18)). All pollutant monitoring data should be reported in milligrams per kilogram (mg/kg), dry weight basis . EPA will be using these data to demonstrate compliance with EPA's lan d application requirements (40 CFR 503, Subpart B). Compliance Monitoring Periods INSTRUCTIONS: Please use the table below to identify the start date and end date for each compliance monitoring period . You can adjust the start and end dates as needed . Please note that the compliance monitoring periods cannot overlap and that each compliance monitoring period must have a start date that is equal to or less than the end date. The number of compliance monitoring periods is based on the number of metric tons (dry weight basis) of sewage sludge or biosolids land applied in the reporting period (summed across all land application SSUIDs). For example , you will need to provide monitoring data for 12 compliance monitoring periods for each land appli cation SSUID when you land apply 15,000 or more metric tons (dry weight basis) of sewage s ludge or biosolids (summ ed across all land application SSUIDs) in the reporting period (see 40 CFR 503 .16 (http ://www.ecfr.gov/cgi-bin/text-idx? node=pt40.32.503&rgn=div5#se40 .32 .503 _ 116) ). Compliance Monitoring Event No. 1 Compliance Monitoring Period Start Date: 01/01 /2024 Do you have analytical results to report for this monitoring period? 51:YES ONO Compliance Monitoring Period End Date: 03/31/2024 Are you reporting maximum pollutant concentrations that are equivalent to the monthly average pollutant concentrations for this compliance monitoring event? [For example, this will be the case if you only collected and analyzed one sample of sewage sludge or biosolids for this compliance monitoring period.] &YES ONO Maximum Concentration Data for All Sewage Sludge or Blosolids Applied to Land This section summarizes the maximum po llutant concentrations in the biosol ids or sewage sludge that was applied to land during the compliance mon itoring period for this SSUID . In accordance with 40 CFR 503.13(a) (http ://www.ecfr.gov/cgi-bin/text-idx? node=pt40 .32 .503&rgn=div5#se40 .32.5 03_ 113), EPA's regulations proh ibit land application of bulk sewage sludge or sewage sludge sold or gave away sewage sludge in a bag or other container when one or more sewage sludge pollutant concentrations in the sewage sludge exceed a land application ceiling pollutant limit (Tab le 1 of 40 CFR 503 .13 (http ://www.ecfr.gov/cgi-bin/text-idx? Page 160 of 354 Page 3 of 8 node=pt40.32.503&rgn=div5#se40.32.503_ 113)). EPA will compare the pollutant concentrations in this section against the ceiling concentration limits in Table 1 of 40 CFR 503 .13 (http://www.ecfr.gov/cgi-bin/text-idx?node=pt40.32.503&rgn=div5#se40 .32 .503_ 113) to identify noncompliance events. All pollutant monitoring data should be reported in milligrams per kilogram (mg/kg), dry weight basis . Please only select a "No Data Indicator Code" if you are reporting no data for the sampling period or particular parameter. Sewage Sludge or Biosolids Value Parameter Qualifier Arsenic < Cadmium < Copper Lead < Mercury Molybdenum < Nickel < Selenium < Zinc Pathogen And Vector Attraction Reduction Parameter Concentration (mg/kg , dry-weight bas is or Pass/Fail) 20 .3 10 .2 24.6 10.2 0 .15 20.3 81 .2 40 .6 112 If No Data , Select One Of The Following Report the pathogen dens iti es in the sewage sludge or biosol ids that was applied to land during the reporting year for this SSUID . Please report the maximum pathogen density for Class A sewage sludge or biosolids . When using the Class B -Alternative 1 management option , please report the geometric mean of the density of fecal co liform in Class B sewage sludge or biosolids [see 40 CFR 503 .32(b) (2)]. If No Data , Select One Of The Sewage Sl udge or Blosolids Parameter Pathogen Reduction Selected Alternatives Value Qualifier Value Following Fecal Coliform Salmonella Class A-Alternative 2 : pH/Temperature/Percent Solids Class A-Alte rnative 2: pH/Temperature/Percent Solids 53 .615 Note: Pathogenic organ isms are disease-causing organisms. These include , but are not limited to , certain bacteria, protozoa , viruses, and viable helm inth ova (see 40 CFR 503 .31 (f) (https ://www.ecfr.gov/current/title-40/chapter-l/subchapter-O/part-503/subpart-D/section - 503 .31#p-503 .31 (f))]. The following units should be used for pathogen data (see 40 CFR 503 .32 (https://www.ecfr.gov/current/title- 40/chapter-l/subchapter-O/part-503/subpart-D/section-503.32)): • Density of fecal coliform in the sewage sludge shall be reported as Most Probable Number per gram of total solids (dry weight basis). o When using the Class B -Alternative 1 management option, the density of fecal coliform in the sewage sludge shall be reported as Most Probable Number or Colony Forming Units per gram of total solids (dry weight basis) expressed as th e geometric mean of the results of seven individual samples of sewage sludge . • Density of Salmonella sp . bacteria in the sewage sludge shall be reported as Most Probable Number per four grams of total solids (dry weight basis). • Density of enteric viruses shall be reported as plaque-forming unit per four grams of total solids (d ry weight basis ). • Density of Helminth Ova . shall be reported as viable helminth ovum per four grams of total solids (dry we ight basis). Monthly Average Pollutant Concentration Data for All Sewage Sludge or Biosollds Applied to Land This section summarizes the monthly average pollutant concentrations in the biosol ids or sewage sludge that was appl ied to land during the compliance monitoring period for this SSUID . All pollutant monitoring data should be re ported in milligrams per kilogram (mg/kg), dry weight basis. Sewage Sludge or Blosollds Parameter Arsenic Cadmium Copper Lead Mercury Nickel Selen ium Value Qualifier < < = < < < Parameter Concentration (mg/kg, dry-weight basis or Pass/Fall) 20 .3 10.2 24 .6 10.2 0 .15 81 .2 40 .6 If No Data, Select One Of The Following Page 161 of 354 Page 4 of 8 Sewage Sludge or Biosolids Parameter Zinc Value Qualifier Parameter Concentration (mg/kg, dry-weight basis or Pass/Fail) 112 If No Data, Select One Of The Following Report the average concentration (mg/kg , dry weight basis) of Total Nitrogen (TKN plus Nitrate-Nitrite, as N) in the sewage sludge or biosolids that was applied to land during the compliance mon itoring period for this SSUID . Sewage Sludge or Blosollds Parameter Total Nitrogen (TKN plus Nitrate- Nitrite) Compliance Monitoring Event No. 2 Value Qualifier Parameter Concentration (mg/kg, dry- weight basis) 17200 Compliance Monitoring Period Start Date: 04/01/2024 Do you have analytical results to report for this monitoring period? ~YES ONO If No Data , Select One Of The Following Compliance Monitoring Period End Date: 06/30/2024 Are you reporting maximum pollutant concentrations that are equivalent to the monthly average pollutant concentrations for this compliance monitoring event? [For example, this will be the case If you only collected and analyzed one sample of sewage sludge or blosollds for this compliance monitoring period.] ~YES ONO Maximum Concentration Data for All Sewage Sludge or Biosolids Applied to Land Th is section summarizes the maximum pollutant concentrations in the biosolids or sewage sludge that was applied to land during the compliance monitoring period for this SSUID . In accordance with 40 CFR 503 .13(a) (http ://www.ecfr.gov/cgi-bin/text-idx? node=pt40.32.503&rgn=div5#se40 .32 .503_ 113), EPA's regulations prohibit land application of bulk sewage sludge or sewage sludge so ld or gave away sewage sludge in a bag or other container when one or more sewage sludge pollutant concentrations in t he sewage sludge exceed a land application ceiling pollutant limit (Table 1 of 40 CFR 503 .13 (http://www.ecfr.gov/cgi-bin/text-idx? node=pt40.32.503&rgn=div5#se40.32.503_ 113)). EPA will compare the pollutant concentrations in this section against the ce iling concentration limits in Table 1 of 40 CFR 503 .13 (http ://www.ecfr.gov/cg i-bin/text-idx?node=pt40.32 .503&rgn=div5#se40.32.503_ 113) to identify noncompliance events . All polluta nt monitoring data should be reported in milligrams per kilogram (mg/kg), dry weight basis . Please only select a "No Data Indicator Code" if you are reporting no data for the sampling period or particu lar parameter. Sewage Sludge or Biosolids Parameter Arsenic Cadmium Copper Lead Mercury Molybdenum Nickel Selenium Zinc Value Qualifier < < < = < < < Parameter Concentration (mg/kg, dry-weight basis or Pass/Fall) 9.8 4 .9 45 .5 4 .9 0 .076 9 .8 39.3 19 .6 171 If No Data , Select One Of The Following Pathogen And Vector Attraction Reduction Report the pathogen densities in the sewage sludge or biosol ids that was applied to land during the reporting year for this SSUID. Please report the maximum pathogen density for Class A sewage sludge or biosolids . When using the Class B -Alternative 1 management option, please report the geometric mean of the density of fecal coliform in Class B sewage sludge or biosolids [see 40 CFR 503 .32(b ) (2)]. Sewage Sludge or Biosolids Parameter Fecal Coliform Salmonella Pathogen Reduction Selected Alternatives Class A-Alternative 2 : pH/Temperature/Percent Sol ids Class A-Alternative 2 : pH/Temperature/Percent Solids Value Qualifier If No Data , Select One Of The Value Following 53 .397 Page 162 of 354 Page 5 of 8 Note: Pathogenic organisms are disease-causing organisms . These include , but are not limited to , certain bacteria , protozoa , viruses , and viable helm inth ova [see 40 CFR 503.31 (f) (https://www.ecfr.gov/currenVtitle-40/chapter-l/subchapter-0/part-503/su bpart-D/section - 503 .31#p-503 .31 (f))]. The follow ing units should be used for pathogen data (see 40 CFR 503 .32 (https ://www.ecfr.gov/current/title- 40/chapter-l/subchapter-O/part-503/subpart-D/section-503 .32 )): • Density of feca l coliform in the sewage sludge shall be reported as Most Probable Number per gram of total solids (dry we igh t basis). o When using the Class B -Alternative 1 management option , the density of fecal coliform in the sewage sludge shall be reported as Most Probable Number or Colony Forming Units per gram of total solids (dry weight basis) expressed as the geometric mean of the results of seven individual samples of sewage sludge . • Density of Salmonella sp . bacteria in the sewage sludge shall be reported as Most Probab le Number per four grams of total so lids (dry weight basis). • Density of enteric viruses shall be reported as plaque-forming unit per four grams of total solids (dry weight basis). • Density of Helminth Ova . shall be reported as viable helminth ovum per four grams of total sol ids (dry weig ht basis). Monthly Average Pollutant Concentration Data for All Sewage Sludge or Biosolids Applied to Land This section summarizes the month ly average pollutant concentrations in the biosolids or sewage sludge that was applied to land during the compliance monitoring period for this SSUID . All pollutant monitoring data should be reported in milligrams per kilogram (mg/kg), dry weight basis. Sewage Sludge or Biosolids Parameter Arsenic Cadmium Copper Lead Mercury Nickel Selenium Zinc Value Qualifier < < < < < Parameter Concentration (mg/kg, dry-weight basis or Pass/Fall) 9.8 4.9 45.5 4 .9 0 .076 39 .3 19 .6 171 If No Data , Select One Of The Following Report the average concentration (mg/kg , dry weight basis) ofTotal Nitrogen (TKN plus Nitrate-N itrite, as N) in the sewage sludge or biosol ids that was applied to land during the compliance moni toring period for this SSUID . Sewage Sludge or Biosolids Parameter Total Nitrogen (TKN plus Nitrate- Nitrite) Compliance Monitoring Event No. 3 Value Qualifier Parameter Concentration (mg/kg, dry- weight basis) 17200 Compliance Monitoring Period Start Date: 07/01/2024 Do you have analytical results to report for this monitoring period? ~YES ONO If No Data , Select One Of The Following Compliance Monitoring Period End Date: 09/30/2024 Are you reporting maximum pollutant concentrations that are equivalent to the monthly average pollutant concentrations for this compliance monitoring event? [For example, this will be the case If you only collected and analyzed one sample of sewage sludge or blosolids for this compliance monitoring period.] ~YES ONO Maximum Concentration Data for Ali Sewage Sludge or Biosollds Applied to Land This section summarizes the maximum pollutant concentrations in the biosolids or sewage sludge that was applied to land during the compliance mon itoring period for this SSUID . In accordance with 40 CFR 503 .13(a) (h ttp ://www.ecfr.gov/cgi-bin/text-idx? node=pt40 .32 .503&rgn=div5#se40.32.503_ 113), EPA's regulations prohibit land application of bu lk sewage sludge or sewage sludge sold or gave away sewage sludge in a bag or ot her container when one or more sewage sludge pollutant concentrations in the sewage sludge exceed a land appl ication ceiling pollutant limit (Table 1 of 40 CFR 503 .13 (http://www.ecfr.gov/cgi-bin/text-idx? node=pt40.32 .503&rgn=div5#se40 .32.503_ 113)). EPA will compare the pollutant concentrations in this section against the ceiling concentration limits in Table 1 of 40 CFR 503 .1 3 (http://www.ecfr.gov/cgi-bin/text-idx?node=pt40.32 .503&rgn=div5#se40 .32 .503_ 113) to identify noncompliance events. All pollutant monitori ng data should be reported in milligrams per kilogram (mg/kg), dry weight basis . Please only select a "No Data Indicator Code" if you are reporting no data for the sampling period or particular parameter. Page 163 of 354 Page 6 of 8 Sewage Sludge or Blosolids Value Parameter Qualifier Arsenic < Cadmium < Copper = Lead < Mercury Molybdenum < Nickel < Selen ium < Zinc Pathogen And Vector Attraction Reduction Parameter Concentration (mg/kg, dry-weight basis or Pass/Fail) 13.5 6.7 58.8 6 .7 0 .34 13 .5 54 27 167 If No Data , Select One Of The Following Report the pathogen densities in the sewage sludge or biosol ids that was applied to land during the reporting year for this SSUID . Please report the maximum pathogen density for Class A sewage sludge or biosolids . When using the Class B -Alternative 1 management option, please report the geometric mean of the density of fecal coliform in Class B sewage sludge or biosolids [see 40 CFR 503.32(b) (2)). If No Data, Select One Of The Sewage Sludge or Biosoiids Parameter Pathogen Reduction Selected Alternatives Value Qualifier Value Following Fecal Coliform Sa lmonella Class A-Alternative 2 : pH /Temperature/Percent Solids Class A-Alternative 2 : pH/Temperature/Percent Sol ids 56 .116 Note: Pathogenic organ isms are disease-causing organisms . These Include , but are not limited to , certain bacteria , protozoa , viruses , and viable helm inth ova [see 40 CFR 503 .31 (f) (https ://www.ecfr.gov/current/title-40/chapter-l/subchapter-0/part-503/subpart-D/secti on- 503 .31#p-503 .31 (f))]. The following units should be used for pathogen data (see 40 CFR 503 .32 (https ://www.ecfr.gov/current/title - 40/chapter-l/subchapter-O/part-503/subpart-D/section-503.32 )): • Density of feca l co liform in the sewage sludge shall be reported as Most Probable Number per gram of total soli ds (dry weight basis). o When using the Class B -Alternati ve 1 management option , the dens ity of fecal coliform in the sewage sludge shall be reported as Most Probable Number or Colony Forming Units per gram of total solids (dry weight bas is) expressed as the geometri c mean of the results of seven individual samples of sewage sludge . • Density of Salmonella sp . bacteria in the sewage sludge shall be reported as Most Probable Number per four grams of total sol ids (dry weight basis). • Density of enteric viruses shall be reported as plaque-forming unit per four grams of tota l solids (dry we ight bas is ). • Density of Helminth Ova . shall be reported as viable helminth ovum per four grams of total solids (dry weight bas is). Monthly Average Pollutant Concentration Data for All Sewage Sludge or Biosolids Applied to Land This section summarizes the monthly average pollutant concentrations in the biosol ids or sewage sludge that was applied to land during the compliance monitoring period for th is SSUID . All pollutant monitoring data should be reported in m illigrams pe r ki logram (mg /kg), dry weight basis . Sewage Sludge or Biosolids Parameter Arsenic Cadmium Copper Lead Mercury Nickel Selen ium Zinc Value Qualifier < < < < < Parameter Concentration (mg/kg, dry-weight basis or Pass/Fail) 13.5 6 .7 58 .8 6.7 0.34 54 27 167 If No Data , Select One Of The Following Report the average concentration (mg/kg , dry weight basis) ofTotal Nitrogen (TKN plus Nitrate-Nitrite , as N) in the sewage sludge or biosolids that was applied to land during the compliance mon itoring period for th is SSUID . Page 164 of 354 Page 7 of 8 Sewage Sludge or Biosollds Parameter Total Nitrogen (TKN plus Nitrate- Nitrite) Compliance Monitoring Event No. 4 Value Qualifier Parameter Concentration (mg/kg, dry- weight basis) 14100 Compliance Monitoring Period Start Date: 10/01 /2024 Do you have analytical results to report for this monitoring period? li!'YES ONO If No Data , Select One Of The Following Compliance Monitoring Period End Date: 12/31/2024 Are you reporting maximum pollutant concentrations that are equivalent to the monthly average pollutant concentrations for this compliance monitoring event? (For example, this will be the case if you only collected and analyzed one sample of sewage sludge or biosolids for this compliance monitoring period.] li!'YES ONO Maximum Concentration Data for All Sewage Sludge or Biosolids Applied to Land This section summarizes the maximum pollutant concentrations in the biosolids or sewage sludge that was applied to land during the compliance monitoring period for this SSUID . In accordance with 40 CFR 503 .13(a) (http ://www.ecfr.gov/cgi-bin/text-idx? node=pt40 .32.503&rgn=div5#se40 .32 .503_ 113), EPA's regulations prohibit land application of bulk sewage sludge or sewage sludge sold or gave away sewage sludge in a bag or other container when one or more sewage sludge pollutant concentrations in the sewage sludge exceed a land application ceiling pollutant limit (Table 1 of 40 CFR 503.13 (http ://www.ecfr.gov/cgi-bin/text-idx? node=pt40 .32 .503&rgn=div5#se40 .32.503_ 113)). EPA will compare the pollutant concentrations in this section aga inst the ceiling concentration lim its in Table 1 of 40 CFR 503 .13 (http ://www.ecfr.gov/cgi-bin/text-idx?node=pt40.32 .503&rgn=div5#se40 .32 .503_ 113) to identify noncompliance events. All pollutant monitoring data should be reported in milligrams per kilogra m (mg/kg), dry weight basis . Please only select a "No Data Indicator Code" if you are reporting no data for the sampling period or particular parameter. Sewage Sludge or Biosolids Value Parameter Qualifier Arsen ic < Cadmium < Copper Lead < Mercury Molybdenum < Nickel < Selenium < Zinc Pathogen And Vector Attraction Reduction Parameter Concentration (mg/kg , dry-weight basis or Pass/Fail) 1.8 0.88 9 .7 0 .88 0.077 1.8 7 3.5 59.5 If No Data , Select One Of The Following Report the pathogen densities in the sewage sludge or biosol ids that was applied to land during the reporting year for this SSUID. Please report the maximum pathogen density for Class A sewage sludge or biosolids. When using the Class B -Alternative 1 management option , please report the geometric mean of the density of fecal coliform in Class B sewage sludge or bioso li ds [see 40 CFR 503 .32(b ) (2)]. Sewage Sludge or Biosolids Parameter Fecal Coliform Salmonella Pathogen Reduction Selected Alternatives Class A-Alternative 2 : pH/Temperature/Percent Solids Class A-Alternative 2 : pH/Temperature/Percent Sol ids Value Qualifier < If No Data, Select One Of The Value Following 0 .18 Note: Pathogenic organisms are disease-causing organisms . These include , but are not limited to , certain bacteria , protozoa , viruses , and viable helminth ova (see 40 CFR 503 .31 (f) (htlps ://www.ecfr.gov/currenVtitle-40/chapter-l/subchapter-0/part-503/subpart-D/section- 503 .31#p-503.31 (f))]. The following units should be used for pathogen data (see 40 CFR 503 .32 (https://www.ecfr.gov/current/title- 40/chapter-l/subchapter-0/part-503/subpart-D/section-503.32)): • Density of fecal coliform in the sewage sludge shall be reported as Most Probable Number per gram of total solids (dry weight basis). o When using the Class B -Alterna tive 1 management option , the density of fecal coliform in the sewage sludge shall be reported as Most Probab le Number or Colony Forming Units per gram of total solids (dry weight basis) expressed as the geometric mean of the resu lts of seven individual samples of sewage sludge . Page 165 of 354 Page 8 of 8 • Density of Salmonell a sp . bacteria in the sewage sludge shall be reported as Most Probable Number per four grams of tota l sol ids (dry weight basis). • Density of enteric viruses shall be reported as plaque-forming unit per four grams of total sol ids (dry weight basis). • Density of Helminth Ova . shall be reported as viable helminth ovum per four grams of tota l soli ds (dry weigh t basis). Monthly Average Pollutant Concentration Data for All Sewage Sludge or Blosollds Applied to Land This section summarizes the monthly ave rage pollutant concentrations in the biosolids or sewage sludge that was applied to land du ri ng the compliance monitoring period for this SSUID . All pollutant monitoring data sho uld be reported in milligrams per kil ogram (mg /k g), dry weight basis . Sewage Sludge or Blosollds Parameter Arsenic Cadmium Copper Lead Mercury Nickel Selenium Zinc Value Qualifier < < < < < = Parameter Concentration (mg/kg, dry-weight basis or Pass/Fall) 1.8 0.88 9.7 0.88 0 .077 7 3.5 59 .5 If No Data , Select One Of The Following Report the average concentration (mg/kg, dry weight basis) of Tota l Nitrogen (TKN plus Nitrate-Nitrite , as NJ In the sewage sludge or biosolids that was applied to land during the compliance mon ito ri ng period for th is SSUID . Sewage Sludge or Biosolids Parameter Total Nitrogen (TKN plus Nitrate- Nitrite) Sludge Management -Surface Disposal Sludge Management -Incineration Value Qualifier Sludge Management -Other Management Practice Additional Information Parameter Concentration (mg/kg , dry- weight basis) 7030 Please enter any additional Information that you would like to provide in the comment box below. If No Data, Select One Of The Following Justification for update: Corrected an e ntry error for fecal coli form in the fourth quarter (attached lab report supports the update); Replaced fir st, second , and third quarter lab reportj with lab reports that were recalculated to dry weight (deleted repo rts were in wet weigh t). Corrected first, second , and thi rd quarter analytical entries to dry we ight values renected In the latest downloaded lab reports . Add itional Attachments Name 1st quarter 2024 -dry weigh t.pdf 2nd quarter 2024 -dry weight.pdf 3rd quarter 2024 -dry weigh t.pdf Biosolids lab report-4th quarter 2024.pdf Certification Information Form has not yet been certified. Created Date 03/1 1/2025 5 :34 PM 03 /1 1/2025 5:35 PM 03 /11/2025 5:35 PM 03/11/2025 5:32 PM Size 287 .69 KB 335 .17 KB 338 .33 KB 2 .39 MB Page 166 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1423 FROM: Richard Johnson, CITY ENGINEER Daryl Morefield, WATER SUPERINTENDENT SUBJECT: City Engineer, Richard Johnson, and Superintendent of Water/Wastewater, Daryl Morefield, are requesting to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the rehabilitation of sewer manholes. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-026 to BLD Services, LLC. for Fairhope Sewer Manhole Rehabilitation Annual Contract with a bid proposal for Base Bid Part One - Rohr Area (Sewer District) Manholes for $52,300.00, Base Bid Part Two - Lakewood Area (Sewer District) Manholes for $88,590.00 and Base Bid Part Three - Annual Contract Pricing for $358,178.00. Total cost not-to-exceed $499,068.00. BACKGROUND INFORMATION: City Engineer, Richard Johnson, and Superintendent of Water/Wastewater, Daryl Morefield, are requesting to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the rehabilitation of sewer manholes. A service bid was issued on February 14, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Four (4) responsive bids were received at the bid opening on March 18, 2025 at 2:00 p.m. The City Engineer and the Superintendent of Water/Wastewater recommend the award be made to BLD Services, LLC. Their low bid total price for the two (2) projects was: • Rohr Area (Sewer District) Manholes: $52,300.00 • Lakewood Area (Sewer District) Manholes: $88,590.00 Total Project Cost: $140,890.00 BLD Services, LLC was also the low bidder for the Annual Contract pricing. The evaluation of the Annual Contract Pricing was based on an example project. The City Engineer and the Superintendent of Water/Wastewater recommend the award of an Annual Contract cost of Three Hundred Fifty-Eight Thousand One Hundred Seventy- Page 167 of 354 Eight Dollars ($358,178.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59500 Line 40 WW - System Improve $500,000.00 $499,068.00 $932.00 Budget 004020-59500 Line 40 I&I Mitigation $500,000.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 168 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for the Fairhope Sewer Manhole Rehabilitation Annual Contract: Base Bid Part 1 - Rohr Area (Sewer District) Manholes, Base Bid Part 2 - Lakewood Area (Sewer District) Manholes, and Base Bid Part 3 – Annual Contract Pricing (Bid Number 25-026) for the Water/Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Vendor Rohr Area – Base Bid Part One Lakewood Area – Base Bid Part Two BLD Services, LLC $52,300.00 $ 88,590.00 Ranger Environmental Services, LLC $48,410.00 $100,805.00 Slaughter Construction Company, Inc.$69,620.00 $115,250.00 Gulf Coast Underground, LLC $65,880.00 $126,520.00 [3] After evaluating the bid proposals with the required bid specifications, BLD Services, LLC is now awarded (Bid Number 25-026) for the Fairhope Sewer Manhole Rehabilitation Annual Contract: Rohr Area Manholes and Lakewood Area Manholes projects for a total of $140,890.00, and Base Bid Part Three – Annual Contract Pricing for $358,178.00 for a total not-to-exceed of $499,068.00. Adopted on this 14th day of April, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 169 of 354 Page 170 of 354 Page 171 of 354 Page 172 of 354 Page 173 of 354 Page 174 of 354 Page 175 of 354 Page 176 of 354 Page 177 of 354 Page 178 of 354 Page 179 of 354 Page 180 of 354 Page 181 of 354 Page 182 of 354 Page 183 of 354 Page 184 of 354 Page 185 of 354 Page 186 of 354 Page 187 of 354 Page 188 of 354 Page 189 of 354 PRF - Manhole Rehab Annual Contract Final Audit Report 2025-02-03 Created:2025-02-03 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA3bpOZl3sjX14rXypptbNmrJehFx1FGM0 "PRF - Manhole Rehab Annual Contract" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-02-03 - 2:52:27 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-02-03 - 2:52:53 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-02-03 - 2:56:17 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-02-03 - 2:57:25 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-02-03 - 2:57:26 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-02-03 - 3:40:30 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-02-03 - 4:20:25 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-02-03 - 4:20:26 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-02-03 - 4:57:56 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-02-03 - 4:58:21 PM GMT - Time Source: server Agreement completed. 2025-02-03 - 4:58:21 PM GMT Page 190 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1419 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the procurement of repair services for the Well #2 pump from Morrow Water Technologies for the not-to-exceed cost of $41,739.47. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the procurement of repair services for Well #2 pump from Morrow Water Technologies for the not-to-exceed cost of $41,739.47. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater is requesting the procurement of repair services for the Well #2 pump. Morrow Water Technologies was called to repair the pump under the warranty. Morrow pulled the pump and transported it to their repair shop. After assessment, it was determined that the problem was not something that was covered by the warranty. Since the pump was already with Morrow Water Technologies, they provided a price for the repair. The total cost is not-to-exceed Forty-One Thousand Seven Hundred Thirty-Nine Dollars and Forty-Seven Cents ($41,739.47). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 50365 Water - Maintenance Plant/Wells $0.00 $41,739.47 ($41,739.47) This repair is not budgeted. The remaining balance available for this budget line item for FY25 is $50,967.78. GRANT: N/A Page 191 of 354 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 192 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Repair Services for Well #2 Pump from Morrow Water Technologies for the not-to- exceed Cost of $41,739.47. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 193 of 354 Quote #: Quoted By: Customer: Project: Date:7440 Cahaba Valley Road, Birmingham AL 35242 Terms:Phone 205-408-6680 www.morrowwater.com 12 4,950.00$ 1 375.00$ 15 1,125.00$ 14 315.00$ 1 508.33$ 1 291.67$ 1 458.33$ 1 716.67$ 1 75.00$ 1 208.33$ 130 108.33$ 0 -$ 0 -$ 512 512.00$ 512 1,024.00$ 10,667.67$ FREIGHT 1,072.04$ Accepted By:_______________________Submitted By:______________________________ Pump installation CT Fairhope A Brown-Lee Morrow Enterprises Company1-1/4" Line Shafts x 10' Total Labor, Materials and Freight 41,739.47$ Pump DCI Machine work 29,999.76$ Total Labor Pump assembly Remove pump Scope: Note* Due to market volatility quote valid for 14 days Labor (Including if required - Lodging, Per diems, expendable supplies, subs) Start/Test De-Mobilize x2 2"x 1-1/4"x 3-1/8" Lip Type Spider Rubber Inserts Bowl Shaft Mobilize x2 Materials: (taxes not included) Total Materials Morrow Water Technologies Inc., proposal is for providing the following equipment, labor and special tooling for removing well #2 from service, performing DCI, repair per OEM specifications, re-install and provide start-up services Net 30 days CT02-031425 Mileage_ Truck x1 Mileage_ Rig x2 Well #2 Pump Repair 3/14/2025 1-1/4" Line Shaft x 5' 1-1/4" Line Shaft Couplings Set of Wear Rings Set of Bowl Bearings Electrical Splice Kit 3/8" Airline 0 0 Head Shaft Gasket Kit Page 194 of 354 Morrow Water Technologies, Inc. Terms and Conditions 120+ days: 3% of Quotation amount per week. Seller Reserves the right to invoice Buyer for any items stored on Buyer’s behalf. 3. WARRANTY: Unless stated otherwise on the face of this Quotation, Seller warrants that any product or service provided under this Quotation conforms to the specifications set forth in the Quotation and is free from defects in material and workmanship. Seller’s obligation to repair or replace shall be in effect for a period of twelve (12) months from initial operation but not more than eighteen (18) months from the Seller’s delivery of the product or service (“Warranty Period”), provided that the Buyer has sent written notice to Seller within the Warranty Period that the product or service does not conform to the above warranty. Warranty is limited to the purchase price paid for the individual product or service. This warranty shall not apply to any defects caused by or induced by damage from unreasonable use or installation (fire, accident, misuse, negligence, rust, corrosion, or faulty wiring), use, maintenance or installation not in compliance with written instructions provided by Seller or manufacturer, defects occurring because of modifications or repairs to the product or service due to improper storage or handling, any deficiency attributable to normal wear and tear, or cosmetic issues not materially affecting normal operation. This warranty does not apply to goods or parts delivered by the Seller but manufactured by others. Separate original equipment manufacturer warranties may apply to goods or parts sold or installed under this Quotation. 4. TITLE: Title to equipment specified herein, and to any and all additions and accessories thereto and substitutions therefor, shall remain in Seller until the purchase price thereof is paid in full. 5. COMPLIANCE WITH LAWS: Purchaser shall be solely responsible for securing any necessary permits under and for compliance with all safety, health and sanitation laws, ordinances and regulations in connection with the installation and operation of the equipment. 6. DISCLAIMER OF CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES OR PENALTIES (Excusable Delays): Seller shall not be liable for consequential damages. Consequential damages for the purpose of this agreement shall include but not be limited to, loss of use, income or profit, or loss of or damage to property (including, but without limitation, products manufactured, processed or transported by the use of the equipment) occasioned by or arising out of the operation, use, installation, repair or replacement of the equipment or otherwise. Seller shall not be liable for any penalty or liquidated damages based upon or relating to failure or Inability to ship within a specified time. 31-120 days: 2% of Quotation amount per week 1. PRICING: All quoted prices are based on current costs and may change prior to the approval of this quote by Buyer due to changes in the cost of capital equipment, raw materials, or labor. Seller reserves the right to adjust the selling price to reflect any increase in these costs prior to the acceptance of this quotation by the Buyer. In the event that shipment is delayed by the Buyer or for any other reason beyond the control of the Seller beyond the stated date of shipment hereon, price will be based upon the prices in effect at the time of shipment, including storage and material handling costs. In no event shall the adjusted price be less than the original order price, including change orders. When price includes transportation and other charges pertaining to the shipment of goods, any increase in transportation rates and other charges will be paid by the Buyer. There will also be extra charges for any test other than that which may be normally performed by the Seller, or for any test performed to suit the convenience of the Buyer. Any applicable duties or sale, use, excise, value-added or other similar taxes will be added to the price and invoiced separately 2. DELIVERY: Unless specified otherwise on the face of this Quotation, quoted shipping terms are FOB shipping point, insured freight collect. Shipping method will be as specified by Buyer. If shipping method is not specified Seller will use the best available shipping method. Any items purchased under this Quotation will be shipped upon the earlier of availability or the stated delivery date. Title to the goods and risk of loss or damage shall pass to the Buyer according to the terms of this Quotation except that a security interest in any products and proceeds and any replacement shall remain in Seller, regardless of mode of attachment to realty or other property, until the full price has been paid in cash. Storage of any items shall be at the option of the Seller as follows: 0-14 days: included in the base Quotation. 15-30 days: 1% of Quotation amount per week Page 195 of 354 Morrow Water Technologies, Inc. Terms and Conditions 11. LIMITATION OF LIABILITY: IN NO EVENT WILL SELLER BE LIABLE TO BUYER FOR SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS QUOTATION, WHETHER SUCH CLAIM IS BASED UPON CONTRACT, BREACH OF WARRENTY, TORT OR OTHER THEORY OF LAW, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S LIABILITY ARISING OUT OF OR RELATING TO THE QUOTATION WILL NOT EXCEED THE SUMS PAID OR PAYABLE TO SELLER HEREUNDER. 12. TERMS OF PAYMENT: Full payment is due in United States Dollars according to the terms on the face of this invoice. In the event of default of payment when due, Buyer shall pay all costs of collection including carrying charges of 1.5% per month (18% per annum), court costs, attorney fees and any other costs necessary to collect payment. The Buyer shall notify the Seller of any invoice disputes within three (3) days of the receipt of such invoice, specifying the reason(s) for disputing the invoice and providing all evidence as may be reasonably necessary to verify the disputed invoice. The Buyer shall pay all amounts not disputed according to the terms set out on this invoice. Seller does not accept the risk of Buyer’s receipt of payments from any source, and in no event will payments to Seller be contingent upon or subject to the Buyer’s receipt of payment. 13. PAYMENT TERMS FOR SPECIAL ORDERS: All barges, skids, and orders greater than $100,000 require the following payment terms: 1) Approved Drawings: 30% of Quotation Price 2) Purchase of materials: 20% of quotation Price for a total of 50%. 3) Shipment: Remaining balance (50% of Quotation Price) net 30 days. 14. TAXES: In addition to the indicated price, Buyer agrees to pay or reimburse Seller for any and all taxes, license, inspection fees, customs duties and/or similar charges imposed upon any sale or delivery required by the governmental jurisdiction applicable and resulting from any contract arising from this Quotation. 15. DESIGN: This Quotation is based upon plans, specifications, drawings and samples which have been provided by or approved by the Buyer and are incorporated herein by reference. These plans, specifications, drawings and samples shall not be modified or altered except upon the express written consent of both parties. Buyer shall be responsible for any additional charges, including charges for any additional drawings or samples. 10. INDEMNIFICATION: The safe application and use of any equipment purchased under this Quotation is the sole responsibility of the Buyer. Buyer shall indemnify, defend and hold Seller harmless from any and all liability, loss, damages or expenses, including attorney fees, resulting from any alleged defect in the design or specification of any goods purchased by Buyer according to Buyer’s plans, specifications, drawings or samples. (a) Seller shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Seller. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Seller. "Default" includes failure to make progress in the work so as to endanger performance. (b) If the failure to perform is caused by the failure of a subcontractor, distributor, or manufacturer to perform or make progress, and if the cause of the failure was beyond the control of both the Seller and subcontractor, distributor or manufacturer, and without the fault or negligence of any, the Seller shall not be deemed to be in default,- unless- (1) The subcontracted supplies or services were obtainable from other sources; (2) The Buyer ordered the Seller in writing to purchase these supplies or services from the other source; and (3) The Seller failed to comply reasonably with this order. 7. FORCE MAJEURE: Seller shall make delivery in accordance with the terms of this Quotation or within a reasonable time in the absence of any commitment, but Seller shall not be liable for delays or defaults in delivery caused by floods, fires, storms, or other acts of God, by plague or pandemic, by war or public enemy (or civil disturbance), strikes, lockouts, shortages of labor or materials and supplies (including fuel) or production facilities, by transportation service or equipment or component shortages or failures, action of or order by any governmental authority or conditions beyond Seller’s reasonable control. 8. APPLICABLE LAW: This Quotation shall be governed by and construed by the laws of the State of Alabama. 9. STATUTE OF LIMITATIONS: To the extent permitted by law, any lawsuit for breach of contract, including breach of warranty, arising out of the transactions covered by this Quotation must be commenced not later than twelve (12) months from the date of cause of such action accrued. Page 196 of 354 Morrow Water Technologies, Inc. Terms and Conditions 3) Buyer is herein notified that Seller considers these Standard Terms and Conditions and any additional items listed on the face of this Quotation to be included as an addition to any purchase order subsequently placed by the customer based upon this Quotation. This Quotation and all Standard Terms and Conditions it contains are a part of any notice of acceptance of a purchase order issued to Seller resulting from this Quotation. 4) Where these Standard Terms and Conditions conflict with any general terms and conditions listed on any purchase order resulting from this Quotation, Seller hereby makes its acceptance of the purchase order conditional upon the Buyer’s acceptance of all Standard Terms and Conditions in this Quotation and agreement that they supersede any conflicting conditions of the purchase order. 5) Seller may assign its rights and obligations under this Quotation or these Standard Terms and Conditions to an affiliate without the consent of the Buyer 4) Any fabrication or modification commences: 100% of Quotation price. 5) Ready for shipment: 100% of Quotation price. 17. CONTRACTS: Orders resulting from quotations become contracts only upon issuance of our formal acknowledgement. If we make any stenographic or clerical error, same shall be subject to correction. The provisions of these standard conditions of sale shall take precedence over any conditions that may appear on the purchaser’s order unless we otherwise expressly agree in writing. No attempts to modify any contract shall be binding on us unless such modification is make in writing and signed by us. 18. MISCELLANEOUS: 1) These terms and conditions are binding upon and for the benefit of the parties, their successors and assign. 2) Failure to enforce any provision of these Standard Terms and Conditions shall not constitute a waiver of any term hereof. 3) Materials ordered: 100% of Quotation price. 16. CANCELLATION AND DEFERRED DELIVERY: Cancellation of an accepted order or Quotation, or any waiver or modification of its terms or conditions, will not be binding upon Seller unless made in writing by Buyer and signed by an authorized representative. Buyer agrees to be responsible for cancelation charges which may result from any modification or cancellation of any order, including but not limited according to the extent of fulfillment or completion as follows: 1) Drawings or Engineering submittals by Seller completed: 5% of Quotation price. 2) Drawings approved or released by Buyer: 15% of Quotation price. Page 197 of 354 Page 198 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1421 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a qualified firm for Professional Consulting Services for I & I (Inflow and Infiltration) Identification Study. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the selection by the Mayor for Professional Consulting Services for (RFQ PS25-027) for I&I (Inflow and Infiltration) Identification Study to Duke's Root Control, Inc.; and authorize the Mayor to negotiate the not-to-exceed cost to be approved by City Council. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater is requesting the hiring of a qualified firm for Professional Consulting Services for I & I (Inflow and Infiltration) Identification Study. The scope of work will include the following: 1. Receive and upload current GIS / GDB files from client (data requisition guide may be supplied upon project initialization). 2. Determine location to place initial iTracker units based on flow data obtained from maps or GIS files to properly canvas the study area. Final locations placed with client collaboration to achieve best results. 3. Provide client link to view or approve locations for units. 4. Access manholes and install iTracker units in accordance with manufacturer recommended installation procedures. If unable to access/locate previously approved manhole locations, a viable alternative will be selected by Duke's. 5. After 60 days installed and a qualifying rain event (defined as singe day rain event 1” or greater), Duke’s will remove the iTracker units. If there is no qualifying rain event, then Duke’s will extend the study period an additional 30 days, for a maximum of 90 days. If an additional field visit is needed for project maintenance after 90 days, a mobilization fee will be required. 5.1. Rain data will be determined by using compiled Doppler radar-derived precipitation measurements, generating hourly grids with data points spaced at 1-km (1/2-mile) intervals across the continental Page 199 of 354 United States – a so-called “rainfall map.” This highly detailed picture of hourly data is based on a combination of various sources: 5.1.1. Precipitation data from a network of 180 NWS-maintained overlapping dual- polarization Doppler radar networks. 5.1.2. Input from over 20,000 rain gauges. 5.1.3. Satellite data processed every 15-minutes. 5.1.4. Hourly automatic observations from reporting stations (often located at airports). 5.1.5. Numerical models and climatology. 5.2. Final determination of rain data will be at client's discretion if more than one rain source is used. 6. Upon project completion, review, analyze and report data from test period to identify areas of the system prone to elevated levels of inflow or infiltration during and after rain events. Duke's will provide access to Insight 360, Duke’s web hosted data platform. Mayor Sullivan has selected Duke's Root Control , Inc. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 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 200 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves the selection by Mayor Sherry Sullivan for Professional Consulting Services for (RFQ PS25-027) for I&I (Inflow and Infiltration) Identification Study to Duke’s Root Control, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 201 of 354 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: April 2, 2025 Re: RFQ PS25-027 Professional Consulting Services for I & I (Inflow and Infiltration) Identification Study The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of a professional consulting firm for I & I (Inflow and Infiltration) Identification Study. Per our Procedure for Procuring Professional Services, Daryl Morefield and I are providing firms for the Mayor to select from for the work. The scope of work will include: • Inspection (I&I, Manhole Inspection) • Sewer Flow Monitoring Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Duke’s Root Control, Inc. _____________ ___________ None. Submit another list Cc: file, Daryl Morefield, Mayor Sherry Sullivan Apr 2, 2025 Page 202 of 354 Memo to choose - Prof Services - Manhole I&I Inspection Final Audit Report 2025-04-02 Created:2025-04-02 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAwHSOGkTxQKMVQrXuDWFHS6iu3oaVhS4W "Memo to choose - Prof Services - Manhole I&I Inspection" Histo ry Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-04-02 - 1:35:15 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-04-02 - 1:35:50 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-04-02 - 1:36:54 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-04-02 - 1:37:34 PM GMT - Time Source: server Agreement completed. 2025-04-02 - 1:37:34 PM GMT Page 203 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1416 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Superintendent of the Electric Department, Ben Patterson, is requesting the procurement of concrete poles for Bid No. 025-025 46KV Transmission Line Project - Concrete Poles. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-025 46KV Transmission Line Project - Concrete Poles to SouthCon for the not-to-exceed amount of $105,956.00. BACKGROUND INFORMATION: A bid was issued on March 7, 2025, posted to the City of Fairhope's website, and published in one (1) local newspaper. Three (3) responsive bids were received at the bid opening on March 20, 2025 at 2:00 p.m. The Electric Superintendent recommends the award be made to SouthCon. Their low bid price for the Lump Sum Cost was as follows: Static Cast Concrete Pole 85' H5 10K Tip (Delivery Included in Cost) $16,090.00 Qty: 2 Static Cast Concrete Pole 80' H5 10K Tip (Delivery Included in Cost) $38,465.00 Qty: 5 Static Cast Concrete Pole 75' H5 10K Tip (Delivery Included in Cost) $51,401.00 Qty: 7 Total Sum Price: $105,956.00 Their low bid response price for the total amount was One Hundred-Five Thousand Nine Hundred Fifty-Six Dollars ($105,956.00). Previous Council Action: Resolution No. 5376-25 Adopted by Council February 20, 2025, approved the award of Bid No. 25-017 46KV Transmission Line 2024 Modifications & Additions (REVISED) for a not-to-exceed amount of $2,194,441.20. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 003-59500 Line 60 Electric - System Improvements $0.00 $105,956.00 ($105,956.00) Page 204 of 354 FY25 Budget for this line item is $1,900,000.00. The project bid award of $2,194,441.20 exceeded budget by $294,441.20. This procurement request is not budgeted and will be in addition to the $294,441.20 expense overage for this project. Levelization rider funding can be used to offset this expense. 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 205 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for 46KV Transmission Line Project – Concrete Poles (Bid Number 25-025) for the Electric Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: SouthCon $105,956.00 Gresco Utility Supply $109,233.00 Tri-State Utility Products, Inc. $117,706.00 [3] After evaluating the bid proposals with the required bid specifications, SouthCon is now awarded the bid for 46KV Transmission Line Project – Concrete Poles (Bid Number 25-025) for the Electric Department with a total bid proposal not-to-exceed of $105,956.00. Adopted on this 14th day of April, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 206 of 354 Page 207 of 354 March 101 2025 Addendum 1 e·d No. 25-025 46KV Transmission Line Pro fect-Concrete Poles 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 2:00 PM on Thursday, March 20, 2025. Vendors shall acknowledge this Addendum 1 on their submitted Bid Response Form . Questions Submitted Via Email: 1. I wanted to ask you for your consideration in potentially revising the sealed materials bid timeline requirements based on the current challenges we are facing. It recent times, it isn't uncommon for us to receive pricing and delivery quotes from manufacturers up to a few weeks following initial communications due to many of these types of items needing to be processed through design and engineering divisions at the manufacturer. Many of our customers aren't typically aware of that process as these customer specific materials aren't commonly stocked items. Once we gain that pricing information, the firm we acquire bid bonds from asks that we afford them ten days for their bid bond process to be completed. In the instance of the two most recent sealed bid invitations, from the date we received the invitation to the date the bids are due, is roughly only eight working days to complete those tasks. I wanted to see if what your thoughts were on the possibility of extending the timeframe given to gain the required information. A. The City will waive the Bid Bond Requirement for this bid. Also, the Bid Opening will be postponed until Thursday, March 20, 2025 at 2:00 p.m. 2. I am wondering if you will accept Round wood poles or Glu Laminated poles/Structures for this project? A. No, only the concrete poles as listed in the specifications. Page 208 of 354 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, March 13 , 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 25-025 46KV Transmission Line Project -Concrete Poles The City of Fairhope is requesting responses from contractors to provide and deliver Static Cast Concrete Poles for the 46KV Transmission Line Project. Delivery must be included in the price per pole . Labor for the project has been bid separately. Bidder must provide lead time for the poles . City reserves the right to award based on conven ience of delivery date . Bid documents will be posted on the City of Fairhope Website : www Fa,mo peAL gov or a copy may be obtained bye- mailing : Purchasmg@Fa1rhopeAL.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, March 10, 2025 , at 11 :00 AM . 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 publ ic 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 wil l not be accepted . Failure to observe the instructions contained he rein will constitute grounds for reject ion 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 C ity of Fairhope . No bids will be considered unless the CONTRACTOR, whether resident or non -resident of Alabama , is prope rly 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 w ith the Secretary of State to do business in the State of Alabama . CONTRACTOR must have a cu rrent bus iness 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 Fairho peAL.qov . Page 209 of 354 INVITATION TO BID NO. 25-025 46KV Transmission Line Project - Concrete Poles C ITY OF FAIRHOPE SHERRY SULLIVAN , MAYOR Page 210 of 354 TABLE OF CONTENTS Invitation and Instruction to Bidders ...................................................... I Materials Description .......................................................................... 11 Bid Response Form ........................................................................... Ill Contractor Information ........................................................................ IV Sample Contract. ............................................................................... VI Standard Terms and Conditions ............................................................. VII Alabama Immigration Act Contract Requirements ..................................... VIII Invitation Summary ............................................................................. IX Bid Bond ............................................................................................ X Page 211 of 354 ITEMI 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 .: 25-025 NAME : 46KV Transmission Line Project -Concrete Poles 1.02 SUMMARY The City of Fairhope is requesting responses from contractors to prov ide mate ria ls fo r t he installation of a 46KV Loop on the Electrica l Grid . Labor for the project will be bid separately. Bidder must prov ide lead t ime for the materials . City reserves the right to award based on convenience of del ivery date . 1.03 BID DEADLINE Bids will be received until 2:00 P.M. local time, Thursday, March 13, 2025, at the City Services and Public Utilities Building , 555 South Section St., Fairhope , Alabama , and publicly opened shortly th ere after. 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 c harge . 1.05 INQUIRIES Questions or comments pertaining to this bid must be presented in writing , sent as e-ma il to the attention of the Purchasing Manager, Erin Wolfe, 555 South Section St., Fairhope , AL 36532 , e-mail: Purchasing@FairhopeAL.gov , by Monday , March 10, 2025 , at 11 :00 AM .. or will be forever waived . 1.06 SITE EXAMINATION No pre-bid meeting is scheduled . The City of Fairhope will not furn ish any labor , material, or supplies unless specifica ll y 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 sim ilar circumstances . Therefore , non -res ident 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 Bids shall be accompanied by a Bid Security equal to 5% (percent) of the bid price , but in no event more than $10 ,000.00 . Bid Security shall be in the form of a Bid Bond or a cashier 's check payable t o The City of Fairhope. No Bid Security is required on bids less than $10 ,000 .00 . 1.08 PERFORMANCE ASSURANCE AND INSURANCE Not Applicable Page 212 of 354 1.09 DURATION OF OFFER Bids maybe 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 sixty (60) 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, clearty 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 conclusi on 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 . \Mlen 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 . 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 Bl ODER agrees to delivery of the materials per the submitted lead times after the bid award and Page 213 of 354 receipt of the purchase order. 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, March 10 , 2025 , at 11 :00 A.M. or will be forever waived . 1.15 BIDACCEPTANCE Bid with lowest Total Bid amount from a responsive and responsib le BIDDER may be accepted if with in the CONTRACT Budget. 1n 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 1hey 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 Bl DOER 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 , with in 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 . 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 fu lfillment 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 fo r all of the SUB- Page 214 of 354 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 dil igently 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 fai~ 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 Page 215 of 354 ITEM II MATERIALS DESCRIPTION Bid No. 25-025 46KV Transmission Line Project -Concrete Poles The City of Fairhope is requesting responses from contractors to provide materials for the installation of a 46KV Loop on the Electrical Grid. Labor for the project will be bid separately. Bidder must provide lead time for the materials . City reserves the right to award based on convenience of delivery date . Lead Time for Material Delivery must be included in Bid Submittal Form. Item# Item Description Qtv 1. STATIC CAST CONCRETE POLE 85' H510K TIP 2 each 2. STATIC CAST CONCRETE POLE 80' H510K TIP 5 each 3. STATIC CAST CONCRETE POLE 75' H510K TIP 7 each iNTERNAL AND EXTERNAL GROUNDING WITH CLIPS "WITH APPROXIMATELY 60 THRU HOLES +OR- *NATURAL GREY COLOR, SMOOTH FORM *ALUMINUM TIP PLATE *NAMEPLATE •The city will provide offloading of the delivery. The vendor will need to contact the city to arrange the delivery date and location . Page 216 of 354 ITEM Ill BID RESPONSE FORM "J 1a.J '1 -.?I r Date: _::,_ / .l...i.-/ __ L,..V'-_,,_ Bid No: 25-025 46KV Transmission Line Project -Concrete Poles Bids Due: Thursday, March 13, 2025, 10:00 A.M. ITEM DESCRIPTION QTY COST PER TOTAL COST # ITEM Quanf xCost 1. Static Cast Concrete Pole 85' HS 10K 2 each 'OP~~ ~lbOClO Ti Delive Included in Cost 2. Static Cast Concrete Pole 80' HS 10K 5 each 1~Cf3 °?'B, '--Ith Ti Delive Included in Cost 3. Static Cast Concrete Pole 75' H5 10K 7 each 1~'-t3 5l4ol Ti Delive Included in Cost "The city wlll provide offloading of the delivery. The vendor will need to contact the city to arrange the delivery date and location. Number of Days for Delivery: Bid will include all labor, materials, equipment , shipping and postage , overhead , profit, bonds , insu r.an c e and all other costs necessary to provide the complete services outlined within this CONTRACT and scope of work . 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 J{tt.,I?< t:Apf I /'v~~ Each bid must give the fUII business address of the CONTRACTOR and must be signed by him with his u~ual 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 co rporation 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 prlncipal, 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 fUrnlshed. ::/:;" Tiktz-?M,~ ~ \)~L~\.Le11,EO ?.M~J. v M.e.1~ ¼t>U)t.., 'QIAClt l2~l¼rL} Page 217 of 354 The undersigned agrees to furnish the goods/services as requested by you for the City of Fa i rhope, Baldwin County, Alabama In your Invitation to bid , and certifies that they wlll 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 colluslon 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 f 4TJr day of _ ..... /YA __ :,t,v,J-____ _,. 2025 . Page 218 of 354 If Individual or Partnershi p <:)o"~ (Name of Individual or Partnership) (Name of Representative Authorized to sign Bids and 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 Co rp oration or LLC Company ________________________________ _ State of Incorporation ____________________________ _ Company Representative ______________________ ~------------ ( Representative Authorized to sign Bids and CONTRACTs for the finn 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 mO., } COUNTY OF ....._.........,...,._.....,..._._...__......__, I, the undersigned authority in and for said State and County, hereby certify that Le.lan d Me wlllt'.as respectively, of :x>\A.fuC 00 , whose name is signed to the foresie\ng 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 b ars date . Given under my hand and Notary ~••ttttlll;; -day of '-{VIC1U')L j 202 . 4$ ,,,, ~r,.MBAc ,,,, t ~,td ,, ,.,'(.. ••••••••. lt,e,. ,. . -I JIIAQ 11 'I '1 .4 .:,. -....."" .• ·;~,oN ex.,,;~•."1) '-=-NOTARY PUBLIC ,_.....,.. ....... h<f__,._'Yl ........ .__"-f+--b__,,-1_ L(/{ ~1./J•·~ ~·-~ :: 1.J.J !& :-;/I.RY u> \ ul ~ : ~ :o ~O ,,,, : c,: MY COMMISSION EXPIRES __ /_/ __ = ~ :~ ,,,• CJ : a:= - . 0 •,q: .. ,:, ... PU~ c:ol -.....J ~ , ~ •. ~');·• A.... .... ,:. < •.. 02 -~i.--i: •• • ~ .:,. ,.,, -1,9 ············~~ ~ ,,,,,~MA Sit'-,,,,' '''"""''' Page 219 of 354 ITEMIV 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: LOCAL Fax Number : Emai l address: Website : Fonn of Business Entity [check one ("X'1 Corporation Partnership Individual Joint Venture Other (describe): Corporation Statement If a corporation, answer the following : Date of incorporation : Toll-Free ________ _ 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 __________________ F,ax. ___________ _ END OF CONTRACTOR INFORMATION Page 220 of 354 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 appl icable 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 AIJEN . Any person who is not a citizen or national of the United States , as descri bed 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 performi ng 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 follow ing: a Self-employed individuals, business entities filling articles of incorporation , partnerships , limited partnerships, limited liability companies, foreign corporations , foreign limited partnersh ips, 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 . Th is te r m does not include any inmate in the legal custody of the state, a county, or a mun icipa lity . 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 w ithin 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 cons idered a state-funded entity. SUB-CONTRACTOR. A person, business entity, or employer who is awarded a portion of an existing CONTRACT by a CONTRACTOR, regardless of its tier . Page 221 of 354 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 subdivisi on , 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. Furthennore, a CONTRA CT/NG 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 th is section , "CONTRACT " shall mean a CONTRACT awarded b y the sta t e, 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 At. a condition for the award of any CONTRACT , grant, or incentive by the state , any political subdiv is ion thereof, or any state -funded entity to a business entity or employer that employs one or mo r e 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 . At. a condition for the award of any CONTRACT , grant, or incentive by the state , any political s ubdivisio n 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 em plo yer shall provide documentation establishin g that the business entity or em plo yer 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 req uired to be verified acco rding t o the applicable federa l rules and regulations . 5.0 CONTRACTS Involving Subcontracting My SUB-CONTRACTOR on a project paid for by CONTRACT , grant, or incentive b y the st ate , 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 regu lations . This subsection shall only apply to SUB-BIDDERS performing work on a project subject t o 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 comp letion of the E -Verify program . END OF ALABAMA IMMIGRATION ACT CONTRACT REQUIREMENTS Page 222 of 354 ITEMIX INVITATION SUMMARY Bid No. 25-025 46KV Transmission Line Project -Concrete Poles Bid Name: Issue Date: Certificate of Insurance Requirements : Deadline for Questions Date: Bid Due Date : City Internet Site : SEALED Bid Response Copies to submit: Purchasing Department Contact for questions : Bid 25-025 46KV Transmission Line Project -Concrete Poles March 3 , 2025 See Standard Terms and Conditions and Insurance and Instructions to Vendors Monday, March 10 , 2025 , 11 :00 A .M. Thursday , March 13, 2025 , 10:00 A .M . www.F airhopeAL.qov One ( 1) Paper Original Purchasing@F airhopeAL .gov (251) 928-8003 END OF INVITATION SUMMARY Page 223 of 354 ITEMX BID BOND INFORMATION Bids shall be accompanied by a Bid Security equal to 5% (percent) of the bid price , but in no event more than $10 ,000 .00 . Bid Security shall be in the form of a Bid Bond or a cashier's check payable to The City of Fairhope. All bonds and/or cashier's check will be made payable to the City of Fairhope for an amount not less than five (5) percent of the City's or its engineers or architects estimated cost of the Project or of the total bid in the proposal , but in no event more than $10 ,000 .00 . Return of Bid Bonds : All bid bonds , except those of the three lowest bona fide bidders , will be returned immediately after bids have been checked , tabulated and the relation of the bids established . The bid bonds of the three lowest bidders may be retained and if so, will be returned as soon as the contract bonds and the contract documents of the successful bidder have been app roved and properly executed. In the event it is necessary to defer a contract award for longer than fifteen (15) days , after opening of bids , then all bid bonds, except that of the potential successful bidders will be returned . Award of the contract will be made within the time specified after the opening of bids. In the event no award is made within such time, all bids may be rejected , and all bonds returned . Provided ; however, the potentially successful bidder may enter into a written agreement with the City for an extension of time for consideration of its bid , in which case, the bidder's bond shall remain in full force and effect, or the City may permit said bidder to substitute a satisfactory surety for the cashie r's check if submitted as a guaranty to the bid bond . Forfeiture of Bid Bonds : Should the successful bidder or bidders to whom a contract is awarded fail to execute a contract(s) and furnish acceptable contract securities and ev idence of insurance , as required, within thirty (30) days after the prescribed forms have been presented to him/her, the City may retain from the proposal guaranty , if it is a cash ier's check or recovered from the principal or the sureties, if the guaranty is a bid bond, the difference between the amount of the contract as awarded, and the amount of the proposals of the new lowest bidder . If no other bids are rece ived , the full amount of the proposal guaranty may be so retaine'd and recovered as liquidated damages for such default. Asly sum so retained or recovered shall be the property of the awarding authority . END OF BID BOND INFORMATION Page 224 of 354 The PRINCIPAL (Bidder's name and address) The OWNER City of Fairhope P.O. Drawer 429 Fairhope , Al 36533 ITEMX BID BOND The PROJECT for which the Principal's Bid is submitted : (Project name as it appears in the Bid Documents) PROJECT NO. PROJECT NAME: KNOW ALL MEN BY THESE PRESENTS , that we , the undersigned Principal and Surety, jointly and severally , hereby bind ourselves, our heirs, executors, administrators, successors, and assigns to the OWNER in the PENAL SUM of five percent (5%) of the amount of the Principal's bid , but in no event more than TEN THOUSAND DOLLARS ($10 ,000.00). THE CONDITION OF THIS OBIGATION is that the Principal has submitted to the OWNER the attached bid , which is incorporated herein by reference, for the Project identified above . NOW, THEREFORE, if, within the terms of the Bid Document, the OWNER accepts the Principal's bid and the Principal thereafter either: (a) executes and delivers a Construction Contract with the required Performance and Payment Bonds (each in the for contained in the Bid Documents and properly completed in accordance with the bid) and delivers evidence of insurance as prescribed in the Bid Documents, or fails to execute and deliver such Construction Contract with such Bonds and ev idence of insurance , but pays the OWNER the difference, not to exceed the Penal Sum of this Bond , between the amount of the Principal 's Bid and the larger amount for which the OWNER may award a Construction Contract for the same Work to another Bidder, then , this obligation shall be null and void, otherwise it shall remain in full force and effect. The Surety , for value received , hereby stipulates and agrees that the obligation of the Surety under this Bond shall not in any manner be impaired or affected by any extension of the time within which the OWNER may accept the Principal's bid , and the Surety does hereby waive notice of any such extension . SIGNED AND SEALED this ____ day of __________ , 202 __ . ATTEST SURETY ATTEST CORPORATION Name of Corporation, Partnership, or Joint Venture Business Mailing Address: (Principal (Company) By _________________ _ Print Name and Title Surety Company By _________________ _ Print Name and Title email. __________________ _ phone ____________ _ BY· ______________ _ (Sign ature of Officer Authorized to sign Bids and Contracts for the Firm) (General Contractor's License Number) (Position or Title) Foreign Corporation Entity Id (Required of out-of~tate-vendors) Page 225 of 354 Attest: (Secretary) (Name of State under the laws of which ircorporated) (Name of Surety) BY :. ___ ---=--------------(Attomey in Fact) Page 226 of 354 22424 Broad Street Silverhill , AL 36576 P.O. Box 145 Silverhill, AL 36576 SouthCon Leland Mccully Office: 205-324-8656 Cell: 251 -979-2887 Fax: 205-328-2292 lmccully@southconinc net www.southconinc.net • [ffi c"" W-1t.~ ~,1> ~--i) _. o-a..S- Lft. "" .,-Q.A \,a\»,\,\& .. t \, .. 1'..Slfl.i C. .. weiL 1'--\&~ Page 227 of 354 555 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: Ben Patterson Department: Electric Project Name: 46 KV Loop Material base bid Project Description: Materials for the installation of the 46 KV loop Project Category: x Bid Professional Service Other: Budget Amount: $1.9 million Budget Code: 59500 Budgeted for Current FY: x Yes No Budget Amount is for Total Project – Does not include alternates BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Stewart Engineering Pre-Bid Meeting: x No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Ian Morrison Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s Bid 25-017 46KV Loop Installation FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Ben Patterson Senior Accountant: City Treasurer: Mayor: Page 228 of 354 PRF - 46KV Project Materials Bid Final Audit Report 2025-01-30 Created:2025-01-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAslVg3wspNPRhIbnB1MwE9pn60QycjNwO "PRF - 46KV Project Materials Bid" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-01-29 - 2:03:37 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-01-29 - 2:04:00 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-01-29 - 4:37:42 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-01-29 - 4:41:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-01-29 - 4:41:40 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-01-29 - 4:46:06 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-01-29 - 10:08:15 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-01-29 - 10:08:17 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-01-30 - 2:54:56 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-01-30 - 2:55:35 AM GMT - Time Source: server Agreement completed. 2025-01-30 - 2:55:35 AM GMT Page 229 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1420 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Superintendent of the Electric Department, Ben Patterson, is requesting the procurement of transmission switches for Bid No. 025- 031 46KV Transmission Line Project – Transmission Switches. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-031 46KV Transmission Line Project – Transmission Switches to Gresco Utility Supply for the not-to-exceed amount of $85,953.00. BACKGROUND INFORMATION: A bid was issued on March 7, 2025, posted to the City of Fairhope's website, and published in one (1) local newspaper. Three (3) responsive bids, one (1) non- responsive, and one (1) no-bid were received at the bid opening on March 20, 2025 at 2:30 p.m. The Electric Superintendent recommends the award be made to Gresco Utility Supply. Their low bid price for the Total Sum Cost was as follows: • 1. Seeco transmission switch - 3 phase / 46kv/ 600amp/ in-line / type ga/ 1-way / phase over phase Unitized if possible/ polymer/ vertical bottle interrupters/ swing handle and lock segment Concrete pole/ tin plated terminal pads/ 4ft x 6ft ground platform/ open -closed designator (delivery included in cost) *no substitutes* $21,720.00 Qty: 1 • 2. Seeco transmission switch- 3 phase/46kv/600amp/1-way/ type g/phase over phase/unitized/polymer; Vertical bottle interrupters/swing handle and lock segment/ steel pole/ tin plated terminal pads; 4ft x 6ft ground platform/open- closed designator (delivery included in cost) *no substitutes* $64,233.00 Qty: 3 Total Sum Price: Eighty-Five Thousand Nine Hundred Fifty-Three Dollars ($85,953.00). Previous Council Action: Resolution No. 5376-25 Adopted by Council February 20, 2025, approved the award of Bid No. 25-017 46KV Transmission Line 2024 Modifications & Additions (REVISED) for a not-to-exceed amount of $2,194,441.20. Page 230 of 354 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 003-59500 Electric - System Improvements $0.00 $85,953.00 ($85,953.00) FY25 Budget for this line item is $1,900,000.00. The project bid award of $2,194,441.20 exceeded budget by $294,441.20. This procurement request is not budgeted and will be in addition to the $294,441.20 expense overage for this project. Levelization rider funding can be used to offset this expense. 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 231 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for 46KV Transmission Line Project – Transmission Switches (Bid Number 25-031) for the Electric Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Gresco Utility Supply $85,953.00 Wesco $91,449.73 MVA Power, Inc. $102,220.00 [3] After evaluating the bid proposals with the required bid specifications, Gresco Utility Supply is now awarded the bid for 46KV Transmission Line Project – Transmission Switches (Bid Number 25-031) for the Electric Department with a total bid proposal not-to-exceed of $85,953.00. Adopted on this 14th day of April, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 232 of 354 Page 233 of 354 Page 234 of 354 Page 235 of 354 Page 236 of 354 Page 237 of 354 Page 238 of 354 Page 239 of 354 Page 240 of 354 Page 241 of 354 Page 242 of 354 Page 243 of 354 Page 244 of 354 Page 245 of 354 Page 246 of 354 Page 247 of 354 Page 248 of 354 Page 249 of 354 Page 250 of 354 Page 251 of 354 Page 252 of 354 Page 253 of 354 Page 254 of 354 555 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: Ben Patterson Department: Electric Project Name: 46 KV Loop Material base bid Project Description: Materials for the installation of the 46 KV loop Project Category: x Bid Professional Service Other: Budget Amount: $1.9 million Budget Code: 59500 Budgeted for Current FY: x Yes No Budget Amount is for Total Project – Does not include alternates BID INFORMATION Bid Duration: Project Duration: Engineer of Record: Stewart Engineering Pre-Bid Meeting: x No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Ian Morrison Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s Bid 25-017 46KV Loop Installation FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Ben Patterson Senior Accountant: City Treasurer: Mayor: Page 255 of 354 PRF - 46KV Project Materials Bid Final Audit Report 2025-01-30 Created:2025-01-29 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAslVg3wspNPRhIbnB1MwE9pn60QycjNwO "PRF - 46KV Project Materials Bid" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-01-29 - 2:03:37 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-01-29 - 2:04:00 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-01-29 - 4:37:42 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-01-29 - 4:41:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-01-29 - 4:41:40 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-01-29 - 4:46:06 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-01-29 - 10:08:15 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-01-29 - 10:08:17 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-01-30 - 2:54:56 AM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-01-30 - 2:55:35 AM GMT - Time Source: server Agreement completed. 2025-01-30 - 2:55:35 AM GMT Page 256 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1405 FROM: Stephanie Hollinghead, Chief George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: Resolution - That the City Council authorizes submission to the Alabama Law Enforcement Agency's (ALEA) Homeland Security Grant Program (HSGP) for vehicle mitigation barriers and 250 additional metal control barricades. The total grant amount will be $200,000.00 with no match required. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Approval BACKGROUND INFORMATION: The Police and Public Works Departments are working together to maximize the total request for this grant opportunity. The Police Department will be requesting, again, for the vehicle mitigation barriers and the Public Works Department is asking for additional barricades to complete the parade routes, etc. They would like to switch to metal barricades as they are easier to work with and store. Depending on the vehicle mitigation barriers that are selected, Public Works may also add in 1 or 2 trailers for the barricades. The NOFO for this grant will come out in April but the timeline will be quick and we want to get a jump start on it. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: ALEA HSGP LEGAL IMPACT: Page 257 of 354 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 258 of 354 RESOLUTION NO. _____ AUTHORIZING THE EXECUTION OF A SUBRECIPIENT FUNDING AGREEMENT WITH THE ALABAMA LAW ENFORCEMENT AGENCY FOR THE STATE HOMELAND SECURITY GRANT WHEREAS, the City of Fairhope (hereinafter, “Subrecipient Grantee”), acting by and through its administrative agent, the Alabama Law Enforcement Agency (hereinafter, “ALEA”), submitted a grant application for the purpose of conducting exercises, receiving training or the purpose of equipment for the department; and WHEREAS, the City of Fairhope is the Subrecipient of grant funds from the State Homeland Security Grant Program through ALEA for $200,000.00 to be used to purchase soft target/crowded place protection equipment/barriers; and NOW THEREFORE THIS SUBRECIPENT FUNDING AGREEMENT, (“Agreement”) is made and entered into by and between the Alabama Law Enforcement Agency and the City of Fairhope. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRHOPE, IN REGULAR SESSION ASSEMBLED, that the City of Fairhope authorizes acceptance of the grant award from the Alabama Law Enforcement Agency; authorizes Mayor Sherry Sullivan to sign the Subrecipient Funding Agreement for the State Homeland Security Grant in the amount of $200,000.00. DULY ADOPTED THIS 14TH DAY OF APRIL, 2025 ________________________________ Jack Burrell, Council President Attest: _________________________________ Lisa A. Hanks, MMC City Clerk Page 259 of 354 Page 260 of 354 Perimeter Security Solutions PORTABLE BARRIER OPTIONS Page 261 of 354 Unique Perimeter Security Solutions Finding the right solution means understanding: Ø Concerns Ø Challenges Ø Security threats Ø Aesthetics Ø Guidelines and standards regulating the solution Ø Operational requirements Ø Budgetary Constraints 11/4/2020 2 Page 262 of 354 Portable Drop Arm Hot-dip galvanized steel Local Control Immediate Open Portable 12’ Clear Opening K4 Rated Electro-hydraulic and can run off 120V power, a backup battery unit, or a backup generator Page 263 of 354 Portable Wedge Moveable crash-protection Mobile system rapid set-up with deployment jack removal within 20 minutes ASTM M30/DoSK4 or ASTM M40/DoSK8 crash ratings configurations. Mobile Towable or Portable versions Page 264 of 354 MP 5000 Trailer Mounted BarrierTrailer Mounted Pulled by pick-up truck Local controls Instant open 12’, 16’ and 20’ clear openings Battery or solar power K4 Rated Page 265 of 354 MVB Portable BarrierLight Weight Space to Advertise or Brand Can add Fence Pedestrian Portals Any Color K4 Rated-20Ft Trailer Available Forklift/ Pallet Jack Movable Gibraltar MVB Page 266 of 354 TB100 Portable Bollards Forklift portable Cable together for rating Many finish options Cut sheet attached K4 Rated with 5 linked Page 267 of 354 8 Fully deployed by 2 people in about 5-7 minutes. No special tools to set up or move into position Crash Tested Under IWA14-1, PAS 68:2013 Crash Tested @ 8 Units Stops 15,000# vehicle @30mph Pitagone Page 268 of 354 Delta MP-100 11/4/2020 9 PU30/P3 in a group of 3 cabled M30/P3 in a group of 5- cabled Weight 787 lbs. each Page 269 of 354 10 Dismantle at the end of the job Folds for easy carrying Crash Test under IWA14-1:2013, ASTM F26546, PAS 68:2013 MiFram Page 270 of 354 11 One piece construction Drop and go barrier Movable with low profile forklift or pallet jack ~8’ Coverage per unit Useable after a strike Crash Rated, ASTM M30/P2 (3 Units) Stops 15,000# vehicle @30mph Pedestrian Friendly Talon Page 271 of 354 12 Traffic control with maximum security 31 1/2” tall, lengths up to 20’-0” Movable by personnel on site Crash Rated under ASTM M30 P3 Thomas Barriers Any color, wheels and pins included Page 272 of 354 How can we serve you? David Wachs President dwachs@ConcentricSecurity.com www.ConcentricSecurity.com/Convergint 334.273.5885 11/4/2020 13 Page 273 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1422 FROM: Stephanie Hollinghead, Chief SUBJECT: The Police Chief, Stephanie Hollinghead, is requesting to purchase two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-027 for the procurement of two (2) New 2024 or 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab to Hardy Chevrolet Buick GMC Inc. for a not-to-exceed amount of $98,638.40. BACKGROUND INFORMATION: A service bid was issued on February 14, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Three (3) responsive bids were received at the bid opening on February 27, 2025 at 10:00 a.m. The Police Chief recommends the award be made to Hardy Chevrolet Buick GMC Inc. Their bid price per Silverado Truck was $49,319.20 each with free delivery. They were not the low bid, but were the earliest guaranteed delivery (Immediately). Their bid response price was Forty-Nine Thousand Three Hundred Nineteen Dollars and Twenty Cents ($49,319.20) each. Total bid price for two vehicles was Ninety-Eight Thousand Six Hundred Thirty-Eight Dollars and Forty Cents ($98,638.40). Although the bid was originally for three (3) vehicles, the Police Chief recommended awarding for two (2) vehicles. She also recommended awarding based on the earlier delivery date. One of the vehicles will be purchased using US Dept of Justice Appropriations Act Grant funding. Previous Council Action: Resolution No. 5199-24 Adopted by Council September 23, 2024 authorized acceptance of Department of Justice Appropriations Act grant of $200,000.00 (Grant# 15PBJA-24-GG-00286-BRND). Page 274 of 354 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50470 Police - Vehicles & Equipment $60,530.00 $49,319.20 $11,210.80 001150- 50470 Police - Vehicles & Equipment $0.00 $49,319.20 ($49,319.20) 001-40835 Federal Grant Revenue $0.00 ($49,319.20) $49,319.20 Net Available $11,210.80 Cost of one (1) of the vehicles will be reimbursed by US Dept of Justice Appropriations Act Grant funding. GRANT: US Dept of Justice Appropriations Act Grant 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 275 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for Three (3) New 2024 and 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab (Bid Number 25-027) for the Police Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: [3] After evaluating the bid proposals with the required bid specifications, Hardy Chevrolet Buick GMC, Inc. is now awarded the bid for two (2) 2025 Chevrolet Silverado 1500 PPV 4WD Crew Cab Patrol Vehicles for the Police Department with a total bid proposal not-to-exceed of $98,638.40. Adopted on this 14th day of April, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 276 of 354 Page 277 of 354 Page 278 of 354 Page 279 of 354 Page 280 of 354 Page 281 of 354 Page 282 of 354 Page 283 of 354 Page 284 of 354 Page 285 of 354 Page 286 of 354 Page 287 of 354 Page 288 of 354 Page 289 of 354 Page 290 of 354 Page 291 of 354 Page 292 of 354 Page 293 of 354 Page 294 of 354 Page 295 of 354 Page 296 of 354 Page 297 of 354 Page 298 of 354 Page 299 of 354 Page 300 of 354 Page 301 of 354 Page 302 of 354 Page 303 of 354 Page 304 of 354 Page 305 of 354 Page 306 of 354 Page 307 of 354 Page 308 of 354 Page 309 of 354 555 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: Stephanie Hollinghead Department: Police Project Name: 2025 Budget Year Police Fleet Acquisition Project Description: Purchase 3 PPV Silverados, 4WD models – color optional Project Category: X Bid Professional Service Other: Budget Amount: $242,120 Budget Code: 00150-50470 – 2 Trucks Budgeted for Current FY: X Yes X No US Dept of Justice Appropriations Act Grant – 1 Truck BID INFORMATION Bid Duration: 3 Weeks Project Duration: Engineer of Record: Pre-Bid Meeting: X No Yes Mandatory Non-Mandatory Scope of Work Provided By: Contract Extensions: No Yes Project Manager: Insurance Requirements: Minimum Maximum Bonds: Bid Performance Labor & Materials Related Bids/RF’s FORCE ACCOUNT INFORMATION Force Account Project: No Yes Estimated Amount: Budget Code: Notes: SIGNATURES Requestor: Senior Accountant: City Treasurer: Mayor: Stephanie Hollinghead (Feb 4, 2025 12:45 CST) Stephanie Hollinghead Page 310 of 354 PRF - Police - 3 Trucks - Revised Final Audit Report 2025-02-05 Created:2025-02-04 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA-fRhaBHT9mzR2ix0gl2IuBvojMUMj6IW "PRF - Police - 3 Trucks - Revised" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-02-04 - 5:43:41 PM GMT Document emailed to stephanie.hollinghead@fairhopeal.gov for signature 2025-02-04 - 5:44:58 PM GMT Email viewed by stephanie.hollinghead@fairhopeal.gov 2025-02-04 - 6:43:22 PM GMT Signer stephanie.hollinghead@fairhopeal.gov entered name at signing as Stephanie Hollinghead 2025-02-04 - 6:45:38 PM GMT Document e-signed by Stephanie Hollinghead (stephanie.hollinghead@fairhopeal.gov) Signature Date: 2025-02-04 - 6:45:40 PM GMT - Time Source: server Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-02-04 - 6:45:43 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-02-04 - 9:08:11 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-02-04 - 9:08:30 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-02-04 - 9:08:31 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-02-04 - 9:21:23 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-02-04 - 9:21:57 PM GMT - Time Source: server Page 311 of 354 Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-02-04 - 9:21:59 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-02-05 - 2:23:04 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-02-05 - 2:23:26 PM GMT - Time Source: server Agreement completed. 2025-02-05 - 2:23:26 PM GMT Page 312 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1407 FROM: Hannah Noonan, Human Resources Director Stephanie Hollinghead, Chief SUBJECT: Resolution - That the City Council hereby approves the payroll reallocation defined as the following effective immediately: the Police Department is requesting to organize a program for two (2) temporary Criminal Justice interns at an estimated cost of $4,050.00 per intern for the duration of 10 weeks [est. $8,100.00 total]; and the available funding will be derived from payroll funds budgeted for one (1) Part-Time Police Officer position in the FY 2025 Budget. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Resolution - That the City Council hereby approves the payroll reallocation defined as the following effective immediately: the Police Department is requesting to organize a program for two (2) temporary Criminal Justice interns at an estimated cost of $4,050.00 per intern for the duration of 10 weeks [est. $8,100.00 total]; and the available funding will be derived from payroll funds budgeted for one (1) Part-Time Police Officer position in the FY 2025 Budget. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50040 Salaries - Position #1953 Police Officer PT $18,500.00 $18,500.00 001150- 50040 Salaries - Position (2 interns) $8,100.00 ($8,100.00) Net savings $10,400.00 Position #1953 Police Officer PT budgeted in the amount of $18,500.00 Page 313 of 354 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 314 of 354 RESOLUTION NO. _____ WHEREAS, Fairhope Police Department is desirous of organizing a program for two Temporary Criminal Justice Interns for college students seeking a career in the Criminal Justice field; and WHEREAS, the City of Fairhope provided for one (1) Part-Time Police Officer position in the FY2025 Budget; and WHEREAS, the department is requesting to organize a program for two Temporary Criminal Justice Interns at an estimated cost of $4,050.00 per intern for the duration of the 10-week program [est. $8,100.00 total]; and WHEREAS, Fairhope Police Department has identified the following available funds due to a payroll vacancy; and Dept Position Position # Total Amount Police Part-Time Police Officer 1953 $8,100.00 WHEREAS, the Fairhope Police Department is requesting to reallocate the identified payroll funds to the two Temporary Intern positions. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves the payroll reallocation defined above effective immediately. ADOPTED THIS 14TH DAY OF APRIL, 2025 ______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 315 of 354 Page 316 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1414 FROM: Hannah Noonan, Human Resources Director SUBJECT: That the City Council approves and adopts the recommendations of the Personnel Board for the reclassification of the Utilities Public Relations Coordinator (Grade 11) FLSA status from "exempt from overtime regulations" to "non-exempt from overtime regulations" with no effect to the assigned pay grade. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 317 of 354 RESOLUTION NO. _______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves and adopts the recommendations of the Personnel Board for the reclassification of the Utilities Public Relations Coordinator (Grade 11) FLSA status from “exempt from overtime regulations” to “non-exempt from overtime regulations” with no effect to the assigned pay grade. ADOPTED THIS 14TH DAY OF APRIL 2025 Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 318 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1426 FROM: Jeff Montgomery SUBJECT: The I.T. Director, Jeff Montgomery, requests approval to procure the annual renewal for CivicPlus Media, the CivicClerk Agenda Management Program. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: To approve this request for the procurement of the Annual Renewal for the CivicPlus Media, the CivicClerk Agenda Management Program from CivicPlus for not-to-exceed annual cost of $14,469.48. BACKGROUND INFORMATION: The I.T. Director, Jeff Montgomery, requests approval to procure the annual renewal for CivicPlus Media, the CivicClerk Agenda Management Program. The contract for CivicClerk from CivicPlus would include the following: • CivicClerk Annual Fee for Agenda and Minutes Management • CivicClerk Media Implementation • CivicClerk Media Annual Fee that includes unlimited storage, unlimited users, up to 3 concurrent streams • CivicClerk Premium Configuration • CivicClerk Custom Template Design • CivicClerk Consulting – 1 hour, virtual • CivicClerk Virtual Training – 4 hours • CivicClerk Historical File Import – up to 7,500 files The contract is through The Interlocal Purchasing System (“TIPS”) contract #220105 and therefore does not have to be let out to bid. The total annual not-to-exceed cost will be Fourteen Thousand Four Hundred Sixty- Nine Dollars and Forty-Eight Cents ($14,469.48). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001100- 50300 General Gov - Computer Expense $13,000.00 $14,469.48 ($1,469.48) Page 319 of 354 GRANT: N/A LEGAL IMPACT: City Attorney provided Vendor contract and/or terms & conditions on 04/07/25 for review and recommendations. 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 320 of 354 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 the Annual Renewal of CivicPlus Media that is on The Interlocal Purchasing System ("TIPS") (Contract #220105) with CivicPlus; and therefore does not have to be let out for bid. The total annual amount not-to-exceed $14,469.48. ADOPTED ON THIS 14TH DAY OF APRIL, 2025 ___________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 321 of 354 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-94055-1 Date:3/4/2025 1:40 PM Customer:FAIRHOPE CITY, ALABAMA QTY Product Name DESCRIPTION 1.00 AMM Select: Pro Annual Fee Renewal Agenda and Meeting Management Annual Fee - Agenda and Minutes Management 1.00 CivicPlus Media: Annual Fee Renewal Unlimited storage, unlimited users, up to - concurrent streams Annual Recurring Services - Initial Term USD 14,469.48 Annual Recurring Services - (Subject to Uplift)USD 14,469.48 1. This renewal Statement of Work ("SOW") is between City of Fairhope, AL (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at: https:// www.civicplus.help/hc/en-us/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”). 2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 4/13/2025 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar year subject to an annual increase of 5% each Renewal Term. 4. Please note that this document is a SOW and not an invoice. Upon signing and submitting this SOW, Client will receive the applicable invoice according to the terms of the invoicing schedule outlined herein. V. PD 06.01.2015-0048 Page 1 of 2 Page 322 of 354 Acceptance of Quote # Q-94055-1 By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: Printed Name: ___________________________________ Printed Name: Amy Vikander Title: ___________________________________ Title: Senior Vice President of Customer Success Date: ___________________________________ Date: 3/30/2025 ___________________________________ Organization Legal Name: ___________________________________ Billing Contact: ___________________________________ Title: ___________________________________ Billing Phone Number: ___________________________________ Billing Email: ___________________________________ Billing Address: ___________________________________ ___________________________________ Mailing Address: (If different from above) ___________________________________ ___________________________________ PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________ V. PD 06.01.2015-0048 Page 2 of 2 Page 323 of 354 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Jeff Montgomery Date: 4/7/25 Department: Expenditure Threshold** Distinctions Quotes Required Approval Green Sheet Resolution Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational NON-Budgeted Three Treasurer/Mayor N/A N/A Greater than: Gen Govt - $5,001 Utilities - $10,001 Operational NON-Budgeted Three Council Required Required Gen Govt - $5,001-$30,000 Utilities - $10,001 - $30,000 Operational Budgeted Three Treasurer N/A N/A Over $30,000 Operational Budget* State Bid List or Buying Group Treasurer/Mayor N/A N/A Over $30,000/$100,000 Operational Budgeted Bids Council Required Required Professional Service Over $5,000 Budgeted or Non-Budgeted Mayor Select Council Required Required *Budgeted items that meet or are under budget may be purchased with the Mayor and/or Treasurer’s approval if they are on the State Bid list or from an approved buying group. Items that are over budget must go to Council for approval and will require a green sheet and resolution. **Expenditure Threshold is a combined total of labor and materials, including materials provided by the City. If the total amount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost increases. QUOTES Vendor Name Vendor Quote 1. CivicPlus $ 14469.48 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? Civic Clerk 2. What is the total cost of the item or service? 14469.48 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): Click or tap here to enter text. 6. Vendor Number: 7597 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? 13000 3. Budget code: 00110 50300 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 324 of 354 2024 Solution Price Increase Frequently Asked Questions Why is CivicPlus increasing its solution prices? A combination of many factors has led us to adjust our pricing. Our costs continue to rise relentlessly, and we desire to keep the high level of service we provide and improve it every year. Our teams are working hard on improving efficiency; however, it is not enough to keep up with rising costs. We recently invested heavily in cybersecurity protection for all our customers and are working hard to establish integrations between our products and tools. Further, we recently launched the CivicPlus Portal, a solution that will soon be available for all customers to help them foster resident trust and satisfaction. By increasing our solution pricing, we will be better positioned to remain a competitive player in the marketplace, hire and retain top talent — particularly in the software engineering space — and reinvest in our technology to ensure our functionality is keeping pace with the needs of governments. When will my new pricing be effective? Your new pricing will be effective on the next renewal date of your contract order. My account executive promised a certain number of years with no price increase. Are we, therefore, exempt from this increase until the end of that term? We will honor the terms of existing, fully executed contracts. Please contact your renewal specialist to discuss this. Can we opt out of your additional services to keep our pricing flat? All solution enhancements will be available to all customers. Therefore, we cannot exclude them on an account-by-account basis. You mentioned inflation as part of your price increases, but the recent economic inflation was only transitory and is now slowing. Higher costs resulting from inflation are only one contributing factor to the need for a price adjustment. CivicPlus has private equity investment and purchased two companies in two years, indicating you have adequate funding and financial reserves. So, why are you passing on a price increase to your public sector customers? CivicPlus received a private equity investment in 2021 in large part to enable us to grow our solution portfolio by acquiring Municode and Optimere to offer you a more comprehensive and integrated solution suite. To continue retaining the outstanding engineering talent from those acquisitions and investing in our solution suite, we need to make pricing adjustments to ensure continued innovation and quality service. Page 325 of 354 We have many options. Why should we stay with CivicPlus? We recognize that our customers always have partner options. However, we desire to retain all our customers. CivicPlus provides a unique path to the total integration of all products; we dedicate enormous efforts to integrating and consolidating products. For example, we recently released a CivicPlus Portal and upgraded our cybersecurity capabilities to safeguard our government customers from the growing threats posed by cyber-extortionists. Our prices, in general, are competitive with other large gov tech competitors. However, as in every sector, some small software vendors can provide less expensive services but not with the same quality, level of service, product depth, cybersecurity capabilities, and financial stability of CivicPlus. How does your new pricing compare to other government technology providers we might consider? We value every member of our CivicPlus family and make every business decision with a long-term objective of maintaining operational and financial stability to continue being an industry-leading partner that helps government work better through our integrated technology solutions. We conducted a thorough marketplace analysis before implementing these price changes to ensure our rates were competitive with other solution partners of our size and capabilities. While governments will always have options to work with less sophisticated, smaller technology companies, by staying with CivicPlus, our customers will have access to the following: • Even more time-saving integrations between our solutions • CivicPlus Portal, a tool designed to improve transparency and communications with residents to strengthen trust and satisfaction for their government • Enhanced cybersecurity protections to safeguard administrative and resident data from the continually evolving cyber threats and digital extortionists • Ongoing access to our Stevie® Award-Winning Technical Support Team We were thinking about purchasing additional software from CivicPlus. Will these price increases impact all your solutions? If you have questions on specific solution pricing, please contact your customer success manager. As always, we will work with you to identify solutions to your challenges that fit your budget. Such flexibility is more easily possible than ever due to our expanded portfolio of integrated solutions. Can I remit payment via credit card? We request that customers not use credit cards. However, we can offer ACH if you would prefer a digital transaction. We do not have 2024 budget dollars to accommodate this price increase. What are our options? Talk to your renewal specialist. We value you as a partner and will do our best to work with you on a pricing solution that addresses your budget needs. Page 326 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1410 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: Special Event Request for the Fairhope Rotary Steak Cook Off 2025 AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 327 of 354 City of Fairhope Approval Special Event Request 03 !7 20~5 Date complete application submitted to Rental Facilities Department Event: Fairhope Rotary Steak Cook Off 2025 Person Requesting: Fairhope Rotary Club Date of Event: 0 5/l0/2,5 Location: See Attached Map 0 Approval/Disapproval supporting documentation attached. Approval: 1____;_;;;:s~=~~=E=~="~~='f =1~-='11f°=,02=~=/tf9;=ft"-e-a_d _____ Date: _3_/_l_8_/2_5_ Approx . security cost Police Chief/Designee $ 3,308.00 frr,Laa!d Date : 3/18/25 -------------A . . $3,100.00 pprox . cost city serv ices Dire ct or of Public Works/Designee =·~=·~=·=O'~=M•~-=1•.=2fJ:!Yir:=1•,=o c=on_a _______ Date: 3/18/25 Director of Community Events Disapproval: _____________ Date: ____ _ Police Chief _____________ Date: ____ _ Director of Public Works/Designee _____________ Date: ____ _ Director of Community Events D Route back to rental facilities department for application package finalization NOTES: _____________________________ _ Rev. 01/20 MS/CM Page 328 of 354 APPLICATION FOR USE OF THE CITY OF FAIRHOPE SIDEWALKS AND/OR STREETS We the unden,igned hereby apply for the use of certain sidewalks and/or streets within the City of Fairhope and in connection with said application. furnish the following: 1 Which street .J/ 'd lkd . ht ? S. Bancroft to Fairhope Avenue & Morphy and Johnson St. . anwor s1 ewa o you w1s o use. _________________________ _ 2 D t n ted· Saturday May 10, 2025 d fro 12:00 PM 11 :00 PM . a e .__eques . ____________ Hoursrequeste m: _______ to _______ _ 3 _ Renter's Name : Fairhope Rotary Club Address: PO Box 7 41 City: Fairhope State: AL ------Zip: 36533 Phone Numbers: 251-776-0895 4 Pu fu Fairhope Rotary Steak Cookoff • rpose o se: ------------------------------------- 5. Number of persons ex.pected to attend (adults and minors): _22_0_0 ____________________ _ 6. Will there be alcohol on the premises during the event? Yes Jf requested, the Fairhope City Council may allow alcoholic beverages. If alcohol is allowed, the user must adhere to all rules of the Alabama Beverage Control Board and its permitting process. All permits required must be submitted to the City ofFairhope Police Chief at least 12 weeks prior to the event. 7 . Descnl>e any decorations, tents, soUlld equipment, staging, port-o-lets, etc .: There will be a stage on the sidewalk in front of the Borom Building at Coastal Community College .. ta1 c Vista Event Pro .__en ompany: __________ _ 8. Will you need electricity? X Yes No For: Lighting & Booths ------------------- Will you need water? Yes X No For: __________________ _ INDEMNITY AND HOLD HARMLESS AGREEMENT In consideration of the pennission gnuu:ed to me by the City of Faimope to use the sidewalks and/oc streets, J hereby indemnify and hold harmless the City of F airltope, its agents, servants and employees from any and all claims and causes of action that may arise from injury to me or third parties using the sidewalks and/or streets who are injured or suffer property damage that is in any way caused by my use of the sidewalks and/or streets . This indemnity and hold harmless agreement is given to the City ofFairhope to protect the City and its agents, serv1111ts and employees from cost of defense and claims for injuries and damages that may be caused either directly or indirectly by my use of the sidewalks and/or streets. CLEANING AND CANCELLATION POLICIES a.) At the conclusion of the event, the area will be inspected by a representative of the City. Tfthe user has not cleaned up th e piuk and restored it to its original condition, the City will clean up the park and charge the user for the services. b.) All cancellations and/or dat.e changes must be in writing and signed by the same person who signed the application and paid the rental fees, and must be given to the Site Manager not less than 30 days prio.-to the event No fee refunds will be made for cancellatioos made less than 30 days prior to the event. Fee refunds will be made by check, and delivered by mail, less the cost of City services, as assessed by the appropriate City staff for cleaning, or a 20% handling charge for cancellations. We the undersigned have read and understand the Indemnity Agrumrnt, as well as all rules and regulations contained in City Ordinance No. 1S76 as set forth by the governing body of the City of Fairhope, and will abide by these rules and regulations, whi ch include but are not limited to the Ca ellatien and Cleaning polici We also 1mderstand that if, at any time, the City-appointed Law Enforcement Personnel feel les an la • .s are mg followed, the function will be tcr inatcd . Renter's Signature: ---1.==--~~---==-±==--:A'~~:;__ ________ Date: _.:::;;J-=-_,_-=.:i=-_,_..u:z::"-"L--- Fees Paid : 3 ~7. 50 Date: 3/17 / Z-5 City Personnel: Ck.#: L 'i[O-, Page 329 of 354 CITY OF FAIRHOPE STREET & SPECIAL EVENT CHECKLIST ALL INFORMATION AND DOCUMENTATION REGARDING YOUR EVENT MUST BE SUBMITTED TO THE CITY OF FAIRHOPE AT LEAST 12 WEEKS PRIOR TO YOUR EVENT ANY DOCUMENTATION THAT IS SUBMITTED LESS THAN 12 WEEKS WILL NOT BE ACCEPTED __L _L J ✓ v ✓ ✓ 1. Application, Cancellation Policy, Indemnity/Hold Harmless Agreement signed , dated, and fees paid. 2. Letter to the City Council if you are making any special requests which include but are not limited to strCC?t closing. permission to ban~ alcohol, law enforcement personnel. barricades, and other event details. 3. Route/Map or Sp~ial Event (Emergency Vehicle acces must be pro, ided) Estimated Law Enforcement/Personnel Cost: $ _______ _ 4. NON-PROFIT ORGANIZATIONS: Proof of nonprofit status (IRS letterhead) 5. Proof ofliability insurance naming the City of Fairhope as additional insured for date of event requested, 6. Signatures from ~ busiJllesses/residents directly affected by the street to be dosed. 7. Notifications to 100% ofb111i11esses & residenh within 300 ft. of street to be closed (30 days in advace) 8. For South Park Events, signatures from: Restaurant on Pier: ___________________ _ Date: --------- 9. Eveat details (Items, including the ones listed below, must be removed unmedjatew following event aod park/street deaned and restored to original condition. (If not, additional fees will be incurred.) ✓ Law Enforcement Personnel Provided by: S\A£tW-IJ~ \i'.(; ✓ Barricades Provided by: S\\f-~ yw'.ilitt :t-0✓ yw,,e fN c{Wlua( ✓ Staging Provided by: vhtu 4NHtt v~~ J Teats Provided by: Gc,ey.. :W ~~o ✓ Port-o--lets provided by: ~llUU"h ,wr~ J~lt{} Special trausportatioa needs provided by: ✓ Spedal electrical needs: Yxm Jl1!f~t4 --fuwl:,l W4 V 10. AGENDADATETOMEETWITHCITYCOIJNCIL(ifrequired): ~Q.\t st{' qt,(Lf, w __ S1rcct closing appro ved __ Alcohol appro ved __ AB C License if selling alcohol __ Park/Street pe rmit fo es paid Page 330 of 354 DATE : _____ _ SIGNATURES o_f BUSINESSES & RESIDENCES Date of Street Clos i. ,3 __,_5 \.!Sl _ \.J. s Times · \-.\:0 0 0" 1NSIDE CBO: Signatures of approval from 75% of bi2/res whose store fronts are directly affected by street to be dosed l12 weeks prior) AND Notification to 100% of bus/res within 300 ft. of the event (30 days prior)• 0 OUTSIDE CBD: Signat ures of 75% of businesses and res idences within 300 ft. of street to be closed (12 weeks prior), AND notification to 100% of bus/res along the street to be closed (30 days prior}* *NOTIFICATIONS MUST BE GIVEN VIA U.S. MAIL, E-MAIL, OR DOOR-TO-DOOR, 4 WEEKS BEOFRE TO YOUR EVENT . ALL SIGNATURES ARE DUE NO LATER THAN 12 WEEKS PRIOR TO EVENT DATE. NAME ADDRESS PHONE SIGNATURE ~I S,,Sel~ Sf- . --~iSDttl-l~~ ~ ro1-~ ·'tl 11o-2 l~t\\ rv\ JV\ IA- ft!] ( ,,.,~. _ 5 1 A'-/ , // -. ~ r9~l,. qa_& ~~i t:;N~ --r · ._, "-4 _,, .,..I Person(s) responsible for collecting and authenticating above signatu res : Name ______ _ Phon e Page 331 of 354 Rotary Club of Fairhope Foundation Post Office Box 7 41 Fairhope , Alabama 36533-0741 February 25, 2025 Dear Sir or Madam : Rotary ..,w,. __ ~ ~~ Club of Fairhope Foundation The Fairhope Rotary Club Foundation has reserved the Fairhope Civic Center located at 161 N Section St. Fairhope, Al and has paid necessary fees for the street closures of S. Bancroft from Fairhope Ave. to Morphy Ave. including Johnson St. for its event dated May 10th, 2024. The City of Fairhope is in receipt of the ne cessary funds for this reservation. We will need closing the streets at 12 P.M. to 11:59 P.M., permission to serve alcohol, law enforcement personnel, barricades, and WiFi booster if available. Thank you for your consideration, Chad Clark Contact Information: ChadCiar k@cbente r prise.net 251-776-0895 or 251-517-9607 President: Lee Turner Vice President: An il Vira Secretary/Treasurer: Ed Wall Page 332 of 354 Rotary Club of Fairhope Foundation Post Office Box 741 Fairhope, Alabama 36533-07 41 February 20, 2025 Dear Sir or Madam: Rotary ~ Club of Fairhope Foundation This is written to notify the City of Fairhope of The Fairhope Rotary Club Foundation's submittal to the Alabama ABC Board for a special Event permit in order to serve our guest beer and wine at The Fairhope Rotary Steak Cook Off located atS. Bancroft St from Fairhope Ave to Morphy Ave including Johnson St Fairhope Al or if rain 161 N Section St., Fairhope Civic Center, Fairhope, AL. The event will be held on May 10th, 2025, from 12:00 P .M. to 11:59 P:M. Our organization is a 5013C as recognized by the IRS. Proceeds of the event go to local charities. Please contact Event Coordinator Chad Clark at any of the numbers or addresses listed below for questions that might arrive. Contact Information: ChadClark@c bea teq1r1se.net 251-776-0895 or 251-517-9607 Thank you for your consideration. Lee Turner Fairhope Rotary Club Foundation, President P resident: Lee Turner Vice President: An il Vira SecretaryfTreasurer: Brenda Hin ds Page 333 of 354 Rotary Club of Fairhope Foundation Post Office Box 7 41 Fairhope, Alabama 36533-0741 Rotary ~~ Club of Fairhope Foundation Officers of the Fairhope Rotary Club Foundation Years 2024-2025 Lee Turner -President Anil Vira -Vice President BG Hinds -Secretary /Treasurer Submitted by: Chad Clark Event Organizer President: Lee Turner Vice President: An il V ira Secretarytrreasurer: Ed Wa ll Page 334 of 354 e M • Yellow highlighted area is event space • W ill be 3 gates Fa i r ho : • Police to mo ni tor each gate Page 335 of 354 Dff8UM. 1lsvaaB 8JIRVXCB l)IftalC'I' DXRIIIC1'0ll 1, 0, BOX 2501 CDrcl:IIS\TX, Oil ~5201 Dlltes Ftll 11181 nm PAIRBOPB ll0DRY CLUB POIM».'l'Xm PO BOX l.669 PAJIIJIOn:, AL :i,su Dur A;lplioaal:s ---·-------·- .Da:PM.TTG&ff OP Ta ftUIIUkY -.,1.oye&-Iden.ti t.icati.oD ~, 0-1187030 Dur, l'J05l0200U0)9 Ccmtaal: ,.:non, Da.Ym A DOUD mt 31.168 CoQl:acrt hlopho• 1'Unlber, 11'1?) 829·5500 1'cao1mt:inc, .. riod b41Qg 1 Decedlull ~tim 8t&tue Cluei.floati011.1 509 la) (2) Ad,,-o• aul..iDg hriod !NgiJl•, Oot:obe :r 2'1, J.997 MvallCa ~lZll!r 1'9riocl '8114111 DeCINlbar Jl, 2001 Addadam Appli-: Jlo .... on iaroz.a~iCID )'Oil aac,s,1ied, and •••uin i ng your opcrationa will be u et:&ted in youie appU.cation fo,e recognition of ax .m,>tion, 11.:: )1ave detarr11ined you an exapt tl:CIII fedenl incr.e ux undcie aeC!tion 101 (al of !:ha ~t•~1 Kev.mMa COde u an o~aticn deacribad in aect:lon HJ. le) (l) . Beo•u-yo.a •r• a nawly c:rut:ed o:rgap.isation, -are not D0"1 ruking • final del:ezlllination ot your faundatioa etat~• undar aeoti on SOtl•l of UM> Code , Kolfevu , wa have deteniibal that yoll can rueOllllhiy a,ipect ta ba • pu.bliol y aupported organisat:ion d .. cril>ad in aec:tion 50l(a) IJ) . .llecor4illgl.y, .SUZ1ng an a4vanco TI1lln9 period you wl ll oe treatiacl u a pablicly •IIPPQa:t•d osgatlisation, and not u a privat:11 towadf.tiOII.. 'l'tl.i• adv.uiee :nliils, pu-iod begin■ •ad t111U ma tho data. •bOWII at,o,n,. Witb.1.D to d;sya &ft:•r tbll aid of your 9dvt1J1Ge r111ing pe1doit, you IIIW!t ••IMI 11■ ~ afoza.ti,c;ia DCIClded to detnDll1-whecblir fOU Ila.Ye !Ht tbe J:."•quino - Ml\to of t:ha appliculc ■upport 'teat durin11 Cbe •dv:am:a .l!U1i.ng period . I f you -1:;iwliah C:b•t yoo have been a publ.icly aupported o r !Jnnis•tion . -w.i ll o l aoui • f.y ~ a ■ a. 11ec t:l on '501 (a) (ll o -.: s o,(&) (ii o t:gan.lql.icm •• long a• y ou contil\ue to -t the req11iZ'fl\ente m tha ~licabla ■uppcm:: t .. t: , lf you do aot meet the puhU.o support requi'CelNlltl CIUrtna tM advance ruli119 por1od, we will cl.aaeity you a■ a private faundatdcm fo~ future period•·· Ueo, if wa claallify )'Oil -■ a pri nte foanlaticn, w •ill tm.t you -■ a private fDQJldatf..on f:rolll your beg.inn.tug date fer puiepoaH of Hcsticm &0'1 (d) Ulll •Ho. Ckant:or 11 and ~t:cibutora ,,...y rely an owe ckt:<1Y.l\\.l t10l:i.ci11. that yo..a &E'e not a private f01ml1 ,u:ion uat:il. .ID day11 .,fter t:.ha end of yo ur ;u!vano• rul.iDg per:iccl. If you ••ad ua tl• req\lirail i~tion wt.tbin tlul .10 daya, grantoiea •nd cantrlbutnn May continu• t:o nlr oa t:ba ~v.1U1cll dotaadnotion unt:Ll --1ce " f.f."al det■xllliD&tiQl'I. ~ }'CIIJZ' fOlftldation a t.ci t •••, rr we pw:,llllb •a. notl<:e :LA tba Internal aeYenue 91llletin atllt1ft9 t:hat we Ll!ltt:er 11M!5 (DO/all Page 336 of 354 .. --·--·---------- THI PlDtKOPI ROTARY CLOD IOtnlDA.'tIOW ... 1 u 110 l ontJ~l l:l"cilt you ill! a 1111hl !cJ ~• 11 1 1,vo, 1•.-d 1,r ,1,,u l.: t.ion , 9r11nto..-11 .ind on\;:a:ibuta.i.·., ,.;iy not zcly n ck,1,r dut<!nni nil l ion a fu:,· t he d 11t u •,m p ul,l l nh , h e uutlcc In ,Lrldl u.ml•, i.t V"" ltm u your a c .. cu,, "" , 1>11 b11cly u u pport:,,<1 or9, ,, 1- x ntiun. ,md i. •Jr,mLor o i: cr111trH111tor WllU r c uponoih lo fui:, oJ.·• "'"" .,wa1;-c •>t , ch• act: or failure to act, t:hat t:enultad 'lo y ,,u r l un ■ o C uuch uL.-it:ua, t bat p..,t:u o n -y not rely 0D. thi ■ deteminatlon f rOIII .h d1'r • t ·hr. net. o,: f o i l 1n :c to 4 Ct.. Aleo, lf • gxantor or contributor lea"D'Mld t.b a t we haa given notic11 tbat you wou l.d be rainovad frOIII cl1U111ifi.cat ii,11 iH I p1&b lic l y aupportad o :r9r.nl 11a tion, then t hat por ■oa 111o y not r ely 011 th i ■ d t:erlllinllt l o n ot t he date h• o r ah■ a c quired aucb lcnovl edge . J:f 1"1'11 cbaci,ge your ■ow:-co ■ of ■up&IG%t, )'01u· puqioae■, cbaracte-r, or aie.thod of oper■tie9, pl••-l■t u ■ lrnow 90 w c■n oanoi er tbe effect o:C the change on your e1U1111Pt ■t~ aAd fouadAUon tn:acu. Xf yo11 -d ~ar orgaai ■a~ioaa.l. ~ or byl ■w■, {)leaae ■end WI • i:opy ot tho IIIIOnded docwaent ar bylaw•. Mao, 1.et ,aa lalov Ll.l chanyca hi you.r 'RUID oz: addna ■ . Au oi: January 1 , 11te•, you are lillbl.e tor a oc.ial •ecm:-ity t.-a wid•r the Vedenl In ■urance COnt:rlwtion, Act on uiount ■ of $100 ot: ftOre you pay to each of your acuploy.a ■ d uring a cal■lld&r yur , You are not lia.bl• !ox t.lm tax impo ■ed undor tho 'Fedsr l Une ,apl.O\lfflMlt -r-Act UVl"I\) . . O~an i ra ■r;l on ■ that. ,.,;., n ot: ;,rt v11 t a toundationo a :-o not ■ubje c t t.o c:he. pri- vate f ounda t ion ~.xciae t ~-o ulld~ Ch 11,p t er 4 of t:bo lnc ■fllal ~oveuue Code . However. y ou 4ro uot aut:a,oo.tic ,-l. y cwu1,1p t f :r:offl ot:ber cdcral. axc iee t:axe ■ • r t you b11ve 11ny quootiona a bou t t-.xc i e e , c,n,plo y,11ent , or 01 :her :eedernl t:axo o , pleua lot uu 1-.no w l>onora aay de4uet acmtribu.tloua to you a ■ provide!! in ■ecticm 170 of the XlltOXP&l. .. ,,__ eoct.. Beq1aeau, leg ciu, davS.1111, cran1r:ora, or gift ■ to you or for your u■e are dacll&ctibl• for f'l!dAral ••tat• aud gift t.u: purpo91•• U they aeot the applicable p~ovi■Jon■ of ■ect i orw 2055 , 2105 , ;md 25~3 of th• eode. Donora -Y lkdll~c conu-U>u.t.ion■ co you Ollly t.o t:ba mn::ent. that: thai-r cunr.r1but.i ooo o:rc g.l !t.a , wi .h n o cona,dn.i·,tt:i.<nl r .... ,cd v .. d. 1.'.ickat. puroh,,.,.,.,., 011d ...... :l le.s-P"-ll""Cn\.• i n c n n 1 u,1c1.i on !OU :ll t11nt1r ■i ■i n!l event ■ -y not n•c•••orJ.ly qu4ll.ty .iu doduc;,t:l..ble contr:lbul:lo,111, d "l'•ndlng 01ll t:.b.o ci.rounm1a1nca». Jlc '/enuc Rulin9 61 :(4 IJ. p ubl.lalted i n aiu l ~t.iv 8ullet..in .l 91i '1 ~.a , an page 101, gi,-e• gu.1.deltno11 re!J:irdjng Wl\on t.:a.Jtp;ayc ra inay deduct p ,,y,,.c:nt:• for adlll1 ■■:loa to, or . 01:hl!r p;a rLicipatlon in , ~ndraluh.g a c L l vitie ■ for charity . You are not requ:irod to fil■ l'ODII 9.90, Return of 01;gSnl1111tion lbrel■pt. l'rOIII lncOIIIC TaA. U yo,1.r g-cona r a ~i'Ptll c.aab year ar:e IIOfll!lllly $2S, ODO ~ lcae. If you rec~· vr. a Po-cm 990 package:, 1n the w il, ■i-i,ly attach tM label prO'V.idacl, ~beck t hr bo>c i n tile h .ad inn t o n d .i.c.u\.e tb&t your: a11DUal. gro,9■ ~ipta are r~ly $JS,ouo or l.1.111 .. , .ind oign cllc r •t\n:W. Because }'VII will be tJ:Uat:ed •• ,, iuhl t.: u lun:it.y [Qr i:0 1:nrn H l 1 115 i:iu:po••• dU'l.'ing your entire advamae i:ul:l.ng l>,iriod , you 11houl d t .i le Toxm !>li O for e a c h y c a i· in your adva nce ruling p edod t:bllt yau excccad. eha $35,000 filine thi:eshol d t,ven if you1: si u urce.a oJ: uuppor t: do aot ■D.t.iofy tha pid>lia ■Uppcirt tut: fl'pec i't l c d in the he.a ding or thl o ett er . Page 337 of 354 -3- m PllRIIOPJI ROUllY eum IOOIJDP.TION -------------- If a r eturn iu icquin«l , i mu n · b■ filed by the 15th d..ly of l:lae fi!:th month aft.er thts o nd o l! y our 1UU1u.i.l u:::owitJng period, l\ p cno.lty of $20 a ~ t o ch,n:god when 11 1to t urn .l.11 U )l!d lAt.t.. unlue tha2:e i• reo.110uabl• c:au•• tor t he dr.i1 ay . Hownv4tl', t h e nooclnu111 !K'ftil:t.y ebargecl cannot exaaad 810,000 or 5 p erconc of your g ro 11 n r11 c ~ lvt• !or t 11e )'9411:', Mdc:hcver i ■ le■■. lbr <n"!:!■•1 hat i C)n11 wir:h g x-O 0 11 rece l p ta exce,,•c\1.Jlg $1..000,000 ill any )'9.r , cu ponAlt:y 111 $100 per I.lil y per l'cturn , unl•• tbe,c i ■ ~ cau.e for the delay . Tho nuudmnm p,e_nnlty f',;,r 0rg 1.1 n h.oticm v ~t b gr::a ■■ r_.ipt:■ -c c ri ng $1,000 ,000 nlu,11 no r. •"'ce eed ~s o,ooo . 'l"'l la penalty -r alao 1-c'turrged it:• ret\l.nl i ■ not complete . so . 11lu■e be aure ~ :retuza i• "°"l'l.llt■ bdoi:■ yau Ula it . 1 You are nat nquire4 t:o fi1-fed.aral i~ tax ntunw \ml.ea■ J'0U. are ~•at to tlae tax on wirolated JNallieei. J.IICCl!le Ullder .eotioa IU ol the 0od■, U' yau are ellbjeot to thi■ tax, you. 11110 \: file u 1DCOIIIC tax Htun. on Porm ttO•'l', llxallpt Oqenlution BuaiDM ■ Inooiu T-aeturn . ta. tlli• let:ter -•- aot CS.taw1i.niag wtleChU any of F0\11: preaent oic propoaed aetivltlu &Z'9 unr.- lated t.rade o i: bud.-.e u dafliad in ■-c.:tion 1113 of tba eod■• YO\I are naquire<l t.o _. your umuo.l retu rn a v d 1.ahl.a for public inopec:Uon tor three year■ •f'ter t:i. .ret111tn i• due. Yo11 U'1S al ■o requirlld t o mab availa ble a copy of ywr ■-!llltion ■wli cation , any 1upport:i119 doc.-ut ■, ;aod th1• exanpt:lc,n lAtt.■r , P ■ilura to -■k• th■-■ docnaant• ava11u1 e fax pllhUc: inapec;t:.ioa -Y 11ubj ■ot ,ou 1:0 a p 11n!lll ty ~ f2G per day toz-oadt day there i• a Cailure t:o co111Pl:r (up to • -xiw.m of $1e,OOD ill tlle 011•• of an onnual rot1n:11) . Yau. n ■ed ».n -■ployor idant.ifica,:ion INlb■r even if' you hsvc 'DD emplc,ye-• Xf 1111, -■pl.oyar id.U:Uiaat.i.on INllbar -o nc*--tere4 on ~r applicat.1011, - 'Ifill u ■ign • number to yau 1111d aclvitle ycu c,i! it . 'Pleue wrw that uurn'oc r OD all Nturn, you file and in all corrHp0nd■r1~• with th■ Intel'bal 11.evcoue Service . ~• •t~t::ion i.■ baaed -~ th&t youx: fund■ ■ra ded.1.c.ated t:a the purpaao■ U.atecl '"' -at.1.oQ S01(o> (JI at the COde . To •••11r■ yowr continued Ulllllltf.on, yo11 ■bollld pep :ceaord9 to•~ that: fwad■ a:rc ape.at. only for thoae pv~oa... :tf' you di ■t:l'ibut.1111 tUDda to ot.ber argani2ation■• your recoYd• uhoul.d 11'bo11 .,hetboi: the y Ar i! exc1r.pt U11dcr e cctlOII 501 \C) (31, I n caae11 whe re the nc.ipi ant oxgan ~,.a t..J t>,, l a not. e ice a,pt. u111taY aecr.lon 501 (cl (,). -you 11.1&11t have evidoncf! tbat. t.lul (uml ■ wil.l r 1tm&i 11 dn d i c:atecl t.o tho requi,red purr,a ■ee ■ru:1 t bat tb■ reoit1ient will 'll■e thll fUIIII■ ~or tJma• purp,aea. If -aaid ill. the he ading' o1: thb lat:t■r ~t an addandulll -a,li••, t:ba ■ddend,mi ■11Glo■1ecl ia an .i nt egral part. of t:Jua 11,tt:u . ••cau•• tbi• let:t•r could l\el~ uo ;r-Holv• ury q'llee t iono aho\lt yrou.r exa,pt etatu aad fO\mdatiOII atat wi, you ahoul4 keep it ill your p enianent "J'ee!arde . Latter 1045 (DO/CG) Page 338 of 354 - -•- ._ PAnBON IODU CW1 l'OtBDaT!OH .. ------·------ If you have -,. quoat:iaaa, i,lau• ooataot tba pencm whaae UN and t:eltplloue number ua al1own ill t:be baadinl of •• lat.~. llllalCMNr<e <•> • -... n2-c li~,oun, Let.t:m: 10'5 CDO/CDI Page 339 of 354 Form W•9 (Roll. Ocrober2011j ReqUNt for Taxpayer Identification Number and Certification Give Form to 1he requester. Do not NlllltoltlelFII. o,.., 1-fl!ot~r,..,,'" lt~~1,gR.,.ulMIO ~ I Nlll10 la> ~h<-11,n oa )llllr -•• ,-.,l1fl1) ....... b "'''""-1 1111 Fairhope Rotary Club Foundation 2 e.,., llllNfdllragMl<d ~"-· 'dilf-,c ..,.., o1x; cdl S ~8PIW1IIIIW• bol forfednl luc:IMlllclllnn af hpnon wl-.,.,. lui!lnd on 1M 1. Chec:k q -oth 4 e..mpllonl (coclee IPPi1 onlj, to falllMlna -~ oerfllln lllllllN, not lndl'llcaMile: •• nlnlctlona GIi pael. Is O ~ltp,aprlolator D OOarpolalloi, D sea.pcn1on D PMwllliP D T111111'N1111t1 Ill ........... u.o &-.~cedeffMWt _ • 0 Unhd ...... cm,,per,y. itrt.rtlielaa1alllaalkln(Q,CIIIIIPllf'lllanM-.-..,,._ P-f'lltrwlhlpl ► __ _ IS ""'9:Chacklho ap,mpt1■1 • ~., .,_,,._,_.,,11'•·11111 c ~ o1 111o ~-Oo1>0ICl!Kl< ~n framRIITCA ,wportlng I LlC H lllo LLC" cla1Jled as• dlrv•--U.C IIIAI o cfsrapuecJ from Ill• -ur:~ Ille -of Iha LLC , ooda tf •RYI I •-U..Clhal1t -ne.~1to,,,,,.._,.,,u_s ,_, , --.OlhelWlla, "'!111-,.,..,,....U.C ,n.>\ 1 •dlw*.1-llan,1"4-.i-~1 u ....... llwilf1P<OP boxkll IIUICl-llc 'ianolib-- Olller {-• .. ~•.,Jl ;>qJ ► 501 (c}(J) __ l'\lll'IN_ .......... -..-... u.s., a Aadr 1 .. ,rr.i,.,,. w..t,11\d apt. oraui"' 1111J ._ 1r.,.,,.,_._ n...i,.-1•••-11•d addrr.s (opl:a,u,lj ,I P08ox7'1 t Chy ,..._ -ZIP code Falrhof)e, AL 36&3347-41...,._,._ f Ullf _.,. ,..-(<) !lord (opllonoO r ldentificotion Number Enw )'OW' TIN In U. app,qxi ■la boll. The TIN plOllldad l1lllli l'Nlldl 1h11 name rai-t OIi llne 1 to avoid b;ickl1p Wlll'lholdlnq. I-or lndnrldual~ 1111. ls !JU/l .Illy your 1100:r.d ,ior.u11ly num ISSN! lio>'IOY,-,. lor a n,sl<Hrffl ....,,, .s°'9 p,OfJ'lfltc.l( or ~ardllo ellli!y, sac lflcr .n~ ndons tor Pat I, l11I01 . F0t orhe r entl!IN, It le yc,ur ~ ldantNloatlon l'IUmber lEINI. tr~ do not lww a numbar. -,-,r,w to ge t • TIN,latar. ..... f tne --• ln men It.. 01M IWTle, -tn• lnllruclloM for In■ 1. Alla-WllltNtw. and M,miMr To 81w ,,,___,...forguldellrm on whoa number to....,., I E,nployU ldotnUllc ~llon 11Ufflber ,r;,_ 1 1 8 7 0 3 0 Certification Under,,.,.._ of plljuly, I gertify that 1. n. iunbar' ■hown on thl■ farm la my ~ ~ ldenllftcatlan IU'llber (or I am waiting far• runberto be lllued to tnl); 1111d 2. 1 am nae llm,.ct to blGkup wlht\oldng ._,_: (II) I am ell8mpt from baolNp •llhholdlng. o, (b) I have noi ti-, nollfted by1he Internal R...,1111 118 Strl/lol ~hit 1-lllbjlct fD baallup lilfllllloldlng M ■ rMulf of I fillua Ill reoort d lfulNI Cir divldlndl, OI' (c)1h• IR9 hM nolllllld 11111 lhat I •m no longar atAljaat 1D baallup wllhhaldlng; Md 3, I am a U.& Glllla1 or otlllrU.S. pnon ldaftned belowl; end ◄• n. FATCA --9111119d on 1h11 bm (If an~ lndlca!lna that I am eumpt from FATCA l'lplll1ing la co~ C..11ftca11Dt1 .........._ You lllllal C10N out 11am 2 lbclW If you i.wbN/1 nadlad bv the IRS lhlll you-Cl-,ltf NIJect to bealWp wtthhaldlng bllclua• ~ t-lllled to npo,tll lnlllNt and cllvldllldl on~ ID r■tum . For l'MI utat.tranucdona. ltwn 2 doH not apply. For~ int-' paid , 90qldlllflon or ■tJandanmlnl al_.., plq)ll'ty, .-1C11111D11 d dab!. c.inlrfbullona to.,. lndlvfdulf .--m a,ya~ CIAAI, end ~-paym■m1t ollW1111111....,.. and dlllldlnda. you .., .. not~ to llgn hca1llk:allon. but you rnu lt piovldayou r --■c!TIN, S..111• nitructlo111 lor Palt:11, liter. Sign Here ......... u.a. ..... ► Slatloc, •·•--tathein1amlll Aevll'lll CClde Unllel alherwflll no\lld. Fuluro d-lDpmenla, r« 1M 131.C~I. mlolmatloo aboul tlwelolJlnL"ita nlhllcld to FUlm W-9 aid Ila nlnn:ltOn!l, wch • IOj)-sl lll lM en;lt:100 eftarttlly--.publlatled. golo-.n.~. Purpose of Form An lndMdu■I or enttty tF111m w-a AlqljN..,, wtio IW IWll.nd 1o 1119 an ln!oro>:il ion IWlurn w1111 1tc IRS muut obtain vaur carroct t.1x ~• ldontiricollon ~ (TIN) wNct\!My oe y011 r soc,315Clcurltv •rurrt>lr (SSN), lndMdual tupaya· ldllAallon l'IUIYlblr tmH), ldDpllol, ~ idlntiCIGalbi runt,« ~TINJ. or employll' ldnlllclaon nlal'lbar (aN), I.Cl report Of\ an • IOlfflilllon rtilurn Iha mount p !d lO you, or Dlho r ■mount reportable on M lnlnrmauon ,_.,um. fump! c,I lnl'armallon rat\fflt lnellde, bul -nat lrn ll■d tv, "'· folawlng . • FOffll 109t-lNT jlnler9tlt Nmed or plld) j • Fo,m 1088-0IV (dlvlcltndl , lnoludlng thOll9 from lltoclCa or l!'Al!ull f~) • Fol1n 1D811-Ml8C ~tYPN of lncelme, ~ .-rd.I, orgrot19 p~ • Fonn 101111-e (al0c:lk or mutual tui,d NIN and c«teln olhlr tn,,a:ikn by brolwnl • Form 10111-s (prooNdt rrom JNl-■ta tnnuctiOnll • FOffll 10IIM< (merctwnt Gant and 'b'd party network ltanlMlc:tlonll • form 1088 (t!Ome mor!GIII• ~. 10118-E lftldent loatn tn..t), 10ll8-T (l11Uon) • Form 10811-C (Clncaltd dab\$ • Fann 1ca-A (ei;qulllllon or lbandonmtnt (If NClnd pn,pwt)I) UM Form W .. adtt If you .. a U.S. palllCll"I (lncu:llng • Ntldent ...,, 1D pl'IMd9 )ICIUI' aonctTIN. Hyou do IIOl ltalll rorm W..» to.,,.~ WfM. IIN, roe, ll'llgltt be ~ ID baolitlp wftllholtllntl. SN What II l>ICk\111 llllllhhDlclng, .,.,, Farm W-8 ,_.10-2011) Page 340 of 354 CERTIFICATE OF LIABILITY INSURANCE• DATE (MM/DDIYYYY) 2/2024 LDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE ons or be endorsed. SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl hta to the certificate holder In lieu of such • . PRODUCER K&K Insurance Group, Inc. 1712 Magnavox Way Fort Wayne IN 46804 INSURED Fairhope Rotary Club Foundation Post Office Box 7 41 Fairhope, AL 36533 A Member of the Sports, Leisure & Entertainment RPG COVERAGES ' MM -Short Term Special Events 1-877-648-6404 A/C No : info@eventinsurance-kk.com CUSTOMER ID : INSURER(S) AFFORDING COVERAGE INSURER A : Merkel Insurance Company INSURER 8 : INSURER C: INSURERD: INSURERE: INSURER F: CERTIFICATE NUMBER: W02672463 1-260-459-5502 NAIC # 38970 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS , EXCL USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . '"'"" TYPE OF INSURANCE ......... .,._. POLICY NUMBER l"UUl,;T t:PP .-uu<;T~ LIMITS LTR INSO WVD IIIIMIDDIYYYYl A X COMMERCIAL GENERAL LIABLITY X M 1 RPG0000000280200 05/11/2024 05/12/2024 EACH OCCURRENCE $1,000 ,000 -:J~ [KjoccuR 12:01 AM EDT 12:01 AM UAM""'" TO REN I cu PREMISES /Ea Occurrence \ $1,000,000 -MED EXP (Any one pe=n) $5,000 -PERSONAL & ADV INJURY $1,000,000 - X Host Liquor Liability Included GENERAL AGGREGATE $5 ,000 ,000 - GEN 'L AGGREGATE LIMIT APPLIES PER : PRODUCTS -COMP/OP AGG $1,000,000 ~ 0 □PRO -□Loe PROFESSIONAL LIABILl'IY P LICY JECT OTHER : DVUOL T INJUt<T I U PARTICIPANTS AUTOMOBILE LIABILITY '-VMDn•cu :SINl.>Lt: LIMI <Ea accldantl -ANY AUTO BODILY INJURY (Per pe1110n) ~ OWNED AUTOS B SCHEDULED ONLY AlJTOS BOOIL Y INJURY (Per accident) -HI RED NON-OWNED IP~;;.;;;id~~tll'IMAG~ ,-AUTOS ONLY AUTOS ON LY NOT PROVIDED WHILE IN HAWAII UMIIRl!U.A UAB □OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE OED n RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N/A _J srmm u OTHER ANY PROPRIETOR/PARTNER/ Y /N E.L EACH ACCIDENT EXECUTIVE OFFICER/MEMBER □ E.L. DISEASE-EA EMPLOYEE EXCLUDED? (Mendatofy In Ntf) W yeo , delcribe under DESCRIPTION E.L. DISEASE-POLICY LIMIT OF OPERATIONS below MEDICAL PAYMENTS FOR PARTICIPANTS PRIMARY MEDICAL EXCESS MEDICAL DESCRIPTION OF OPERATIONa I LOCATIONS /VEHICLES (ACORD 101, Addllional Remaru Schedule, may be attached if more spac:a lo required) Event Name: Feirhope Rotary Steak Cookoff; Event Date : 05/11/2024 ; # of attendees: 2400 Event Location: Bancroft Avenue, Fairhope, Alabama 36532 Liquor Liability (as provided by CG 00 01 04 13) applies only if the insured is not In the business of manufacturing, distributing, selling, serving or furnishing a lcoholic beverages. The cert ificate holder is added as an additional insured, but only for liability caused, in whole o r in part, by the acts o r omissions of the named insured. CERTIFICATE HOLDER C ity of Fairhope PO Drawer 429 Fairhope, AL 36532 (Owner/Lessor of Premises) Coverage is only extended to U.S . events and activities . AN THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .. NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas IN ACORD 2!1 (2018/03) ~ 1988-2015 ACORD CORPORATION _ All rights ras■rvad . The ACORD name Md logo are registered marb of ACORD Page 341 of 354 POLICY NUMBER: M 1 RPG0000000280200 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Oraanlzatlon{s\ City of Fairhope PO Drawer 429 Fa irhope , AL 36532 Named Insured : Fairhope Rotary Club Foundation Information reauired to complete this Schedule, if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations ; or 2. In connection with your premises owned by or rented to you . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . Signature: jur /...add Email: george.ladd@fairhopeal.gov B. With respect to the insurance afforded to these additional insureds , the follow ing is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Ava ilable under the applicable Limits of Insu rance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . 0 Signature: _;p,:..:;, ~~~=.-::;;t.;;;;--- Email: paige.crawford@fairhopeal.gov CG 20 26 0413 © Insurance Services Office , Inc ., 2012 Page 1 of1 Page 342 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1412 FROM: Lisa Hanks, CITY CLERK Stephanie Hollinghead, Chief SUBJECT: Request - Gary Constantine requesting a waiver of the Noise Ordinance for a Wedding Celebration being held at the Fairhope Inn in the evening hours of Saturday, April 11, 2026 to extend the 10:00 p.m. deadline to 10:30 p.m. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Approve the request 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 343 of 354 March 27, 2025 Lisa A, Hanks, MMC/LGRC City Clerk City of Fairhope PO Drawer 429 Fairhope, AL 36533 Dear Ms. Hanks, Thank you for assisting me in this endeavor. Your help is gratefully appreciated. I am requesting a waiver of the Noise Ordinance described below in section (c.) of the City of Fairhope Noise Ordinance. The waiver is for a Wedding Celebration being held at the Fairhope Inn in the evening hours of Saturday April 11, 2026. The request is for merely a 30- minute extension of the 10:00 p.m. deadline to 10:30 p.m. (85 db. Level) Thank you for any consideration of this request. v/r Gary S Constantine Gary Constantine 12359 County Road 1 Fairhope Al. 36532 Page 344 of 354 (c) Noise in residential districts restricted. (1) Generally. It shall be unlawful for any person to use, operate, or permit to be used or operated, any device, radio, musical instrument, television, phonograph, drum, sound amplifying equipment or device which produces or reproduces sound, either stationary or mobile, in such a manner so as to create any continuous noise which exceeds eighty-five (85) db(a) during the hours of 6:00 a.m. until 10:00 p.m. and fifty (50) db(a) during the hours from 10:00 p.m. until 6:00 a.m. at the corner of residence nearest the source of the sound within a residential district or upon any public street or right-of-way within, or bordering upon, any residential district within the corporate limits of the city. (2) Loud or raucous sounds or noises. It shall be unlawful for any person to willfully make or cause a continuous noise which disturbs the peace or quiet of any residential district and which exceeds eighty-five (85) db(a) during the hours of 6:00 a.m. until 10:00 p.m. and fifty (50) db(a) during the hours from 10:00 p.m. until 6:00 a.m. at the corner of residence nearest the source of the sound within a residential district or upon any public street or right-of-way within, or bordering upon, any residential district within the corporate limits of the city. Any person creating any such sound or noise as described in this section and/or anyone permitting such a sound or noise to be created in, or emanate from, any premises under his/her care, custody or control, shall be presumed responsible for any such sound or noise. Sec. 12-5.1. - Noise generally. (a) Noise prohibited. (1) It shall be unlawful for any person to play, use or operate, or permit to be played, used or operated, any radio, tape player, cassette player, compact disc player, or other machine or device for reproducing sound, in or on any public property, including any public street, road, building, sidewalk, or park, in such a manner that the sound generated is plainly audible at a distance of twenty-five (25) feet or more from the source of the sound. (2) It shall be unlawful for any person to play, use or operate, any radio, tape player, cassette player, compact disc player, or other machine or device for reproducing sound in any motor vehicle on a street or highway in such a manner that the sound generated in plainly audible at a distance of twenty-five (25) feet or more from the motor vehicle. (3) Possession by a person or persons of any of the machines or devices enumerated above shall be prima facie evidence that the person operates or those persons operate the machine or device. Page 345 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1427 FROM: Lisa Hanks, CITY CLERK SUBJECT: Application for Special Retail License – More than 30 Days by Lowrey Holdings, LLC d/b/a Sallie located at 406 Pine Avenue, Fairhope, AL 36532. AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 346 of 354 CITY OF FAIRHOPE P.O. DRAWER429 FAIRHOPE, AL 36533 251/928-2136 ALCOHOLIC BEVERAGE LICENSE APPPLi'€~TI"0N PLEASE PRINT We hereby apply for a license to sell Alcoholic Beverages in the City of Fairhope or its Police Jurisdiction . We agree to abide by all applicable Ordina_nces of the Citv. or any amendments to same, and to promptly furnish all reports required by the ::_1 , APPLl(?ANT'S NAME l owr<~ O( ~ ll(_sSNft.--, . , . ' : AGE___.DATE OF BIRTff° ~LACE OF BIRTH Eiirr B/ii/\Jf. Al - MAILING ADDRESS 4-0& bN A\/£ lltfJ<l:lof?t=, AL ::S:k63Z.. HOME#~ _________ WORK# ___________ _ CELL#,2'.61978 35Cot:/-FAX# ___ ----=----- RESIDENCE ADDRESS 1154 {A:r;©A.Joooi3bl0 fia;mk,e Ef AL :1,6 ~ NO.YEARS AT PRESENT ADDRESS ~ NO.YEARS AT PREVIOUS ADDRESS ~ PREVIOUS ADDRESS :;sa; 5.S~& fio:gl¼of''¼ AL K~ NAME AND ADDRESS OF BUSINESS ~&.A.,:_ 4/J(f fpv£/Wt ,. fir:&1-JoPE:r AL-Slo53'2- HAS APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE BEFORE.----"L....1.1""'--- IF SO, WHERE ________ UNDER WHAT NAME. ________ _ HAS APPLICANT EVER BEEN ARRESTED ___ IF SO , WHERE. _______ _ WHEN. _____ WHATWAS CHARGE. _____________ _ 01sPos1T10N __ ---,f\A~o.-+-'i<-~""'-TH ............. • ....... A.~N...a......1 ........ 0---'l~·El.,4M~~szL.._ __ _ LIST THREE REFERENCES: NAME ADDRESS PHONE NUMBER Page 347 of 354 .. City of Fairhope Alcoholic Beverage License Application Page-2- PLEASE SELECT TYPE OF LICENSE APPL YING FOR: Revised 09/2013 __ 011 -PACKAGE STORE LICENSE -Allows sale of liquor, wine, or beer at Retail, TO GO only. No one under age 21 allowed on premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 1 olh of each month on the purchase price paid for all liquor for use or resale by the licensee. 010-LOUNGE LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on and off --consumption. No one under age 21 allowed on the premises. A liquor tax of 10% City Limits or 5% Police Jurisdiction Is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. 031-CLUB LIQUOR LICENSE -Allows sale of liquor, wine, or beer but must meet ABC --Board's "club" regulations. A liquor tax of 10% City Limits or 5% Police Jurisdidion is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. _ 020 -RESTAURANT LIQUOR LICENSE -Allows sale of liquor, wine, or beer for on-premises consumption only and 51% of gross receipts must come from the sale of food. A liquor tax of 10% City Limits or 5% Police Jurisdiction is due the 10th of each month on the purchase price paid for all liquor for use or resale by the licensee. 140 • SPECIAL EVENTS LICENSE Li&o · SPECIAL RETAIL LICENSE-More than 30 days __ 040 • BEER ON/OFF PREMISES LICENSE -Allows sale of Beer Only, on and off consumption. __ 050. BEER OFF-PREMISES LICENSE -Allows sale of Beer Only, TO GO only. __ 060 • WINE ON/OFF PREMISES LICENSE -Allows sale of Wine Only, on and off consumption. __ 070 -WINE OFF-PREMISES LICENSE -Allows sale of Wine Only, TO GO, only. 100 -WINE WHOLESALER LICENSE 210 -WINE IMPORTER LICENSE 200 -WINE MANUFACTURER LICENSE 240 • NON-PROFIT TAX EXEMPT LICENSE I STATE ALL THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE . .....,,,.,..,..~~..,,...-+DATE_~_ ~~~~~~•oATe~l,?lf BY COUNCIL_=-~--DATE __ _ City Clerk APPROVED BY COUNCIL _=-~--□ATE __ _ City Clerk •• The Chief of Police is only acquiring a background check on the owners, partners, or corporate officers of the business for the City of Fairhope. The Alabama Alcoholic Beverage Control Board does a thorough Federal and State background check before issuing the license. Page 348 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1408 FROM: Lisa Hanks, CITY CLERK Jay Robinson, Council Member SUBJECT: Appointment - Pedestrian and Bicycle Committee AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council approves the Appointment to Pedestrian and Bicycle Committee BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 349 of 354 PEDESTRIAN AND BICYCLE COMMITTEE NOMINEE 3-Year Term APPOINTMENTS . Cal Cooper REAPPOINTMENTS . The terms shall end April 2028. Page 350 of 354 APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITTEE City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City Council to make appointments based on the needs of the City as well as the interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants must be qualified electors and taxpayers in the City, excluding the Planning Commission. All applications filed with the City Clerk will be public record. First Name: Cal Last Name: Cooper Mobile Phone Number 212 535 9533 Phone Number: E-mail:* callen.cooper@gmail.com Home Address * Street Address 302 Fly Creek Ave Address Line 2 Unit 1215 City Fairhope State/Province/Region AL Postal/Zip Code 36532 Country United States Business Address Street Address Address Line 2 City State/Province/Region Postal/Zip Code Country Name of Board or Committee:* Pedestrian and Bicycle Committee Education Background * University of Missouri -- BA in Journalism & Strategic Communications Legislative Aide & Lobbyist – Missouri Legislature Professional Licenses and/or Associations * n/a Professional Experience * Page 351 of 354 Applied Wayfinding Global Commercial Director / COO / Board Member Responsible for revenue, business operations and corporate planning for a leading wayfinding design firm for cities, transit hubs, commercial real estate, and cultural institutions. Created and managed cross-functional practice teams in London, New York, Vancouver, Seoul. Partial clients included: The City of New York, (Metropolitan Transit Authority, Brooklyn Navy Yard), The Metropolitan Museum of Art, Princeton University, Museum of Fine Arts Houston, Lusail City, Qatar (2022 World Cup), The City of Portland, OR, Cleveland, OH, Transport for London and Canary Wharf (London, UK), Hudson Yards, NYC, etc. Georgetown, CT Led a real estate investment and management team to acquire and redevelop the historic small town of Georgetown, Connecticut. Project was a collaborative effort with local, state, and federal officials and agencies including: the EPA, DEP, Army Corps of Engineers, the Department of Commerce, Department of Transportation, and the National Park Service, with a part of the project being on the National Register of Historic Places. Both U.S. Senators from Connecticut were involved, and the Governor who awarded my team a $1.7M development grant. The United Nations Global Compact designated the project as one of its first 15 “innovative cities” for its best practices in sustainability, governance, and a focus on preserving Georgetown’s cultural heritage. Civic Interests and/or Service Memberships * see below response for interests / qualifications How do your qualifications best serve the needs of the community?* My personal and professional interests have tended to focus on how to make physical places work better for individuals and businesses while preserving the history and qualities that make certain communities special. Fairhope obviously is a special place with unique attributes that will always require protecting and updating for future generations. When it comes to this committee, I believe my experience seeing how wayfinding best practices can be used to promote more walking (less reliance on cars for short distances and a health benefit), cycling, and accessibility, by allowing people to easily orient themselves, understand times and distances to other places, and provide them confidence to explore the town beyond just the inner core to other parts of town that may not be not perceived to be linked or easily accessible – one potential example being the new Fly Creek Nature Preserve. Good wayfinding in general (not necessarily signage), can creates a warmer and more positive environment that will enhance all community assets as well as reinforce the historical cultural attributes of Fairhope. Resume You may attach a resume with this application. [PDF Only} Signature Page 352 of 354 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1382 FROM: Marcus McDowell, City Attorney SUBJECT: Executive Session - To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, the public disclosure of which could reasonably be expected to be detrimental to public safety or welfare. Alabama Code § Section 36-25A-7(a)(4). AGENDA DATE: April 14, 2025 RECOMMENDED ACTION: That the City Council approves to go into Executive Session - To discuss security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or other infrastructures, the public disclosure of which could reasonably be expected to be detrimental to public safety or welfare. 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: Page 353 of 354 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 354 of 354