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HomeMy WebLinkAbout08-11-2025 City Council Agenda Packet CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, August 11, 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 the July 28, 2025, Regular City Council Meeting and minutes of the July 28, 2025, Work Session. 2. Report of the Mayor 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Lieb Engineering Company, on behalf of the Owner, Gold Kist Corner LLC, is requesting conditional annexation to B-2, General Business District. The property is approximately 4.65 acres and is located on the southwest corner of State Highway 104 and State Highway 181. PPIN #: 19982. 6. Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Lieb Engineering Company, on behalf of the Owner, Advantage Holdings, LLC, is requesting conditional annexation to B-2, General Business District. The property is approximately 2.23 acres and is located at 21905 State Highway 181. PPIN #: 66242. 7. Ordinance - Amending Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take-Home Vehicles regarding the Police Department. 8. Resolution - That the City Council hereby authorizes Mayor Sullivan to enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. 9. Resolution - To award (Bid No. 25-056-2025-PWI-024) to Asphalt Services, Inc. for Public Works & Utility Parking & Operations Yard Expansion and Paving Project with a bid proposal not-to-exceed $497,783.10. 10. Resolution - That the City Council hereby authorizes Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. Page 1 of 243 City Council Regular Meeting 11. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials to Construct a New 24' x 50' Covered Batting Cage at Founders Park to TEC Construction for a not-to-exceed project cost of $34,072.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally let out for bid; and authorizes the Treasurer to transfer $34,072.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. This project (“a New 24’ x 50’ Covered Batting Cage at Founders Park for a not-to-exceed project cost of $34,072.00”) shall be paid from the Impact Fess Account and meets the criteria for use of these funds for "Parks and Recreation." 12. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Willow Bridge Street Sewer Tie-In to Ball Con for a not-to-exceed project cost of $36,900.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out. Authorize Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater Repairs and Maintenance to Wastewater System Improvements-Collections. 13. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a Contract with O’Donnell & Associates, Inc. for Professional Hydrogeological Services (RFQ PS25-033) with a not-to-exceed amount of $41,274.00. 14. Resolution - To rescind Resolution No. 5433-25 awarding Bid No. 25-022 Joint Use Attachment Inventory for City of Fairhope Electric Department; and to authorize the re-bid of this purchase under Code of Alabama 1975, Section 41-16-57(d). 15. Resolution - That the City of Fairhope approves the replacement of the engine in Bucket Truck 1038 for the Electric Department for the estimated cost of $33,123.01 from Lazzari Truck Repair, Inc.; and authorize the Treasurer to make a budget transfer of $30,000.00 from Maintenance-Plant. 16. Resolution - That the City Council to reject all bids (Bid No. 25-055) to procure a Fire Extinguisher Inspection Services Annual Contract; and authorize the re-bid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). 17. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. 18. Public Participation – (3 minutes maximum) 19. Adjourn Page 2 of 243 City Council Regular Meeting Regular Meetings of the City Council shall be held on the 2nd and 4th Monday of each month immediately following the 4:30 p.m. Work Session unless prescheduled and announced otherwise. Next Regular City Council Meeting, Monday, August 25, 2025, 6:00 p.m. Fairhope Municipal Complex 161 North Section Street Fairhope, AL 36532 Page 3 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1081 FROM: Lisa Hanks, CITY CLERK SUBJECT: Approve minutes of the July 28, 2025, Regular City Council Meeting and minutes of the July 28, 2025, Work Session. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: City 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 4 of 243 STATE OF ALABAMA )( : COUNTY OF BALDWIN )( The City Council, City of Fairhope, met in regular session at 6:00 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 28 July 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, Jay Robinson, and Kevin Boone, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Mayor Sherry Sullivan was absent. There being a quorum present, Council President Burrell called the meeting to order at 6:03 p.m. The invocation was given by Councilmember Kevin Boone and the Pledge of Allegiance was recited. Council President Burrell stated there was a need to add on an agenda item after Agenda Item Number 27: an application for Restaurant Liquor License by John S. MacArthur, Fairhope Hemp, LLC d/b/a Johnny Mac’s, located at 505 Fairhope Avenue, Fairhope, Alabama 36532. Councilmember Boone moved to add on the above-mentioned item not on the printed agenda. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Robinson moved to approve minutes of the 14 July 2025, regular meeting; and minutes of the 14 July 2025, work session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. The Fairhope Police Department was officially accredited by the Alabama Association of Chiefs of Police by Andalusia Police Chief Paul Hudson. Chief Hollinghead said this is a historic moment for the Fairhope Police Department. Chief Hudson read the Certificate of Accreditation and said the Fairhope Police Department was one of the first in the State to receive this Accreditation. Chief Hollinghead thanked the City Council and thanked her “Team” for all of their hard work. The following individuals spoke during Public Participation for Agenda Items: 1) Rachel Ball, 210 South Mobile Street, addressed the City Council regarding Agenda Item No. 21. Ms. Ball is a Mobile Baykeeper representative; and not against dredging but against where the disposal goes. She said this should be offshore disposal not onshore. 2) Dev Wakeley, 8856 Lakeview Drive, addressed the City Council regarding Agenda Item No. 21 and said he was in agreement with Ms. Ball. Mr. Wakeley is in favor of the City of Fairhope signing this letter; and said this is a universal good idea. Page 5 of 243 28 July 2025 3) Jeffrey Lovingood, 10864 Eastwood Avenue, addressed the City Council regarding Agenda Item No. 23; and said he was here to discuss the terms and conditions of Theatre 98 lease. He said they are not following the lease. Mr. Lovingood said there were no children performances, and the premises have not been kept in good condition. He told the City Council to thoroughly look at the lease and make sure they are following it. 4) Jennifer Walker, 152 Fels Avenue, addressed the City Council regarding Agenda Item No. 23; and said she was a Theatre 98 Board member. Ms. Walker said she was appreciative of the lease and the use of the building. She said they were keeping the building up to Code and the historic form for our Community. Building Official Erik Cortinas said he would look at inspections and fire code issues if any. Council President Burrell read the paragraph and explained. Councilmember Martin gave an update on the Fairhope Environmental Advisory Committee. He said there is a new member to be appointed on the agenda, and they are working with Planning Director Hunter Simmons on mapping out greenspace. Councilmember Conyers congratulated the Fairhope Police Department on their Certificate of Accreditation; and said it is really impressive being the one of the first to receive this award. Councilmember Robinson thanked the Police Department for their Back to School Bash; and said congratulations for Accreditation Award. He thanks Recreation Director Pat White and his staff for their hard work this past weekend for a successful Charity Tournament at Volanta Park. Councilmember Robinson recognized the 8U from Fairhope as the Southwest Regional Runner up. He said his 12-year-old Team will be leaving on August 8, 2025 to Branson Missouri for the Southwest Region in the Cal Ripken World Series. Council President Burrell also congratulated the Fairhope Police Department for being in the top three to receive this Accreditation in Alabama. 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 for Extension No. 3 of (Bid No. 023-22) Disaster Debris Removal Monitoring Services 2022 with True North Emergency Management, LLC per the terms and conditions of the original contract. This is a two (2) month extension to allow for bid process of contract rebid. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Page 6 of 243 28 July 2025 RESOLUTION NO. 5507-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 3 of (Bid No. 023-22) Disaster Debris Removal Monitoring Services 2022 with True North Emergency Management, LLC per the terms and conditions of the original contract. This is a two (2) month extension to allow for bid process of contract rebid. ADOPTED ON THIS 28TH DAY OF JULY, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 3 of (Bid No. 028-22) Disaster Debris Removal and Disposal Services 2022 with CrowderGulf, LLC per the terms and conditions of the original contract. This is a two (2) month extension to allow for bid process of contract rebid. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5508-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 3 of (Bid No. 028-22) Disaster Debris Removal and Disposal Services 2022 with CrowderGulf, LLC per the terms and conditions of the original contract. This is a two (2) month extension to allow for bid process of contract rebid. ADOPTED ON THIS 28TH DAY OF JULY, 2025 _____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 7 of 243 28 July 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 Change Order No. 1 for (RFQ PS23-024) Professional Engineering Services for Pecan Avenue Watershed Management with a not-to-exceed cost of $8,000.00; and to award Contract Amendment No. 1 to JADE Consulting, LLC. The new contract total will be $60,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5509-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute Contract Order No. 1 for (RFQ PS23-024) Professional Engineering Services for Pecan Avenue Watershed Management with a not-to-exceed cost of $8,000.00; and to award Contract Amendment No. 1 to JADE Consulting, LLC. The new contract total will be $60,000.00. ADOPTED ON THIS 28TH DAY OF JULY, 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 Mayor Sherry Sullivan is hereby authorized to execute Contract Amendment No. 2, Extension No. 1 of (Bid No. 24- 056) Citywide Tree Maintenance Annual Contract Public Works Department with Chris Francis Tree Care, LLC per the terms and conditions of the original contract. Seconded by Councilmember Martin, motion passed unanimously by voice vote. * * Page 8 of 243 28 July 2025 RESOLUTION NO. 5510-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Contract Amendment No. 2, Extension No. 1 of Bid No. 24-056 Citywide Tree Maintenance Annual Contract Public Works Department with Chris Francis Tree Care, LLC per the terms and conditions of the original contract. ADOPTED ON THIS 28TH DAY OF JULY, 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 authorizing Mayor Sullivan to enter into an agreement with Alabama Department of Transportation for the Cooperative Maintenance of State Right-of-Way of all Pedestrian related Facilities being constructed on the Parker Road Sidewalk Project within the State right-of-way (i.e. Sidewalk, ADA Ramps, Crosswalks, Pedestrian Signals, etc.) from milepost 42.99 to 43.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5511-25 BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: 1. WHEREAS, the City of Fairhope, Alabama enter into an agreement with the Alabama Department of Transportation, acting by and through its Transportation Director hereinafter referred to as the (“State”) for: The Cooperative Maintenance of all Pedestrian related Facilities being constructed on the Parker Road Sidewalk Project within the State right -of- way (i.e., Sidewalk, ADA Ramps, Crosswalks, Pedestrian Signals, etc.) from milepost 42.99 to 43.00. 2. WHEREAS, the agreement shall be executed in the name of the City of Fairhope, by its Mayor Sherry Sullivan, for and on its behalf. Page 9 of 243 28 July 2025 3. WHEREAS, the agreement shall be attested by the City Clerk Lisa A. Hanks, and the seal of the City of Fairhope affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the Agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 28th day of July, 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 a 2026 T380 Sidewinder with Automated Side Loader Garbage Truck that is on Sourcewell (Contract #032824-KTC) with Truckworx and therefore does not have to be let out for bid. The total amount not-to-exceed of $337,511.00. The cost will be included in the FY2026 Budget. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5512-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of a 2026 T380 Sidewinder with Automated Side Loader Garbage Truck that is on Sourcewell (Contract #032824-KTC) with Truckworx and therefore does not have to be let out for bid. The total amount not-to-exceed $337,511.00. The cost will be included in the FY2026 Budget. ADOPTED ON THIS 28TH DAY OF JULY, 20252025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 10 of 243 28 July 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-043) to Underground, Inc. for Rehabilitation of Lakewood Lift Station with a bid proposal not-to-exceed $317,700.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5513-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-043) to Underground, Inc. for Rehabilitation of Lakewood Lift Station for the City of Fairhope Water and Sewer Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Underground, Inc. $317,700.00 Hemphill Construction Company, Inc. $320,715.00 Taylor Corporation $485,000.00 [3] After evaluating the bid proposals with the required bid specifications, Underground, Inc. is now awarded (Bid No. 25-043) for Rehabilitation of Lakewood Lift Station for the City of Fairhope Water and Sewer Department with a bid proposal not-to-exceed $317,700.00. ADOPTED ON THIS 28TH DAY OF JULY, 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 Sawgrass Consulting, LLC. for Professional Construction Engineering and Inspection (CE&I) Services for (RFQ PS25-032) Bon Secour at Grand Drainage Project with a not-to-exceed amount of $39,900.00; and to authorize Treasurer to transfer $39,900.00 from General Fund to Capital Projects Fund . Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 11 of 243 28 July 2025 RESOLUTION NO. 5514-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Contract with Sawgrass Consulting, LLC for Professional Construction Engineering and Inspection (CE&I) Services for (RFQ PS25-032) Bon Secour at Grand Drainage Project with a not-to-exceed amount of $39,900.00. Authorize Treasurer to transfer $39,900.00 from General Fund to Capital Projects Fund. ADOPTED ON THIS 28TH DAY OF JULY, 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 certain items are declared surplus, and the Mayor and City Treasurer are hereby authorized and directed to dispose of personal property owned by the City of Fairhope via "GovDeals". Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5515-25 WHEREAS, the City of Fairhope, Alabama, has certain items of personal property which are no longer needed for public or municipal purposes; and WHEREAS, Section 11-43-56 of the Code of Alabama of 1975 authorizes the municipal governing body to dispose of unneeded personal property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, AS FOLLOWS: SECTION 1. That the following personal property owned by the City of Fairhope, Alabama, is not needed for public or municipal purposes, and hereby declared surplus: 18 Light Poles 3 Water Pumps - New Page 12 of 243 28 July 2025 SECTION 2. That the Mayor and City Treasurer are hereby authorized and directed to dispose of the personal property owned by the City of Fairhope, Alabama, described in Section 1, above, by the following method: a. Receiving bids for such property (via “GovDeals”). All such property shall be sold to the highest bidder, provided, however, that the City Council shall grant the authority to the Mayor to reject all bids when, in her opinion, she deems the bids to be less than adequate consideration for the personal property. ADOPTED AND APPROVED THIS 28TH DAY OF JULY, 2025 _______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council approves the selection by Mayor Sherry Sullivan for Professional Services for (RFQ PS25-033) for Hydrogeological Services Annual Contract to O'Donnell & Associates, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5516-25 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 Services for (RFQ PS25-033) for Hydrogeological Services Annual Contract to O’Donnell & Associates, Inc.; and hereby authorize Mayor Sullivan to negotiate the not-to- exceed fee to be approved by Council. DULY ADOPTED THIS 28TH DAY OF JULY, 2025 _______________________________ Jack Burrell, Council President ATTEST: ______________________________ Lisa A. Hanks, MMC City Clerk Page 13 of 243 28 July 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-044-2025-PWal-007) to MAD Dash, Inc. d/b/a Southern Steel Structures for Pre-Engineered Metal Building with Foundation Truck Shed for City of Fairhope - Water and Sewer Department with a bid proposal not-to-exceed $142,733.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5517-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-044- 2025-PWal-007) for a Pre-Engineered Metal Building with Foundation Truck Shed for the City of Fairhope Water and Sewer Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Bid Number 25-044-2025-PWal-007 Pre-Engineered Metal Building with Foundation Truck Shed [3] After evaluating the bid proposals with the required bid specifications, MAD Dash Inc., dba Southern Steel Structures is now awarded (Bid No. 25-044-2025-PWal-007) for a Pre-Engineered Metal Building with Foundation Truck Shed for the City of Fairhope Water and Sewer Department with a bid proposal not-to-exceed $142,733.00. ADOPTED ON THIS 28TH DAY OF JULY, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 243 28 July 2025 Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement for the addition of Invoice Cloud to the Munis Financial System from Tyler Technologies, a Sole Source Provider. The cost is a not-to-exceed of $7,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 15 of 243 28 July 2025 RESOLUTION NO. 5518-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement for the addition of Invoice Cloud to the Munis Financial System from Tyler Technologies, a Sole Source Provider. This cost is a not-to-exceed of $7,000.00. ADOPTED ON THIS 28TH DAY OF JULY, 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 reject all bids for (Bid No. 25-038) for Fairhope Municipal Jail; and to award (Bid No. 25-038) to Global Tel*Link b/d/a ViaPath Technologies for negotiated submitted proposal for Inmate Telephone Services for Fairhope Municipal Jail with a bid proposal of Inmate Calling Rates of $0.12 and Cost of Recovery for Prepaid Calls is $0.12, pursuant to the Code of Alabama 1975, Section 41-16-50(4). Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5519-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council to reject all bids (Bid No. 25-038) for Fairhope Municipal Jail; and to award (Bid No. 25-038) to Global Tel*Link b/d/a ViaPath Technologies for negotiated submitted proposal for Inmate Telephone Services for Fairhope Municipal Jail with a bid proposal of Inmate Calling Rates of $0.12 and Cost of Recovery for Prepaid Calls is $0.12, pursuant to the Code of Alabama 1975, Section 41-16-50(4). ADOPTED ON THIS 28TH DAY OF JULY, 2025 _____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 16 of 243 28 July 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding for the purpose of operating a unified School Resource Officer Program, between the Baldwin County Commission, Baldwin County Sheriff's Office, and the City of Fairhope pursuant to Section 36-21-49, Code of Alabama 1975. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Councilmember Conyers commented this is a great program and kids interact with the School Resource Officers. RESOLUTION NO. 5520-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby approves and authorizes the City of Fairhope to execute a Memorandum of Understanding for the purpose of operating a unified School Resource Officer Program, between the Baldwin County Commission, Baldwin County Sheriff’s Office, and the City of Fairhope pursuant to Section 36-21-49, Code of Alabama 1975. ADOPTED ON THIS 28TH DAY OF JULY, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby authorizes Mayor Sherry Sullivan to sign on behalf of the City of Fairhope for Mobile Baykeeper a letter to Senator Katie Britt with regard to dredging. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * Page 17 of 243 28 July 2025 RESOLUTION NO. 5521-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That the City Council hereby authorizes Mayor Sherry Sullivan to sign on behalf of the City of Fairhope for Mobile Baykeeper a letter to Senator Katie Britt in regard to dredging. Adopted on this 28th day of July, 2025 _________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk Councilmember Boone introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding Agreement between the City of Fairhope and Fairhope/Point Clear Community Foundation, an affiliate of the Community Foundation of South Alabama, for a partnership to construct a park and splash pad to be known as “Foundation Park.” Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5522-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, that the City Council hereby approves and authorizes Mayor Sherry Sullivan to execute a Memorandum of Understanding Agreement between the City of Fairhope and Fairhope/Point Clear Community Foundation, an affiliate of the Community Foundation of South Alabama, for a partnership to construct a park and splash pad to be known as “Foundation Park.” ADOPTED ON THIS 28TH DAY OF JULY, 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 18 of 243 28 July 2025 Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to renew the lease for a ten-year term pursuant to the Municipal Lease Agreement between the City of Fairhope, Alabama (“Lessor”) and Theatre 98, Inc. (“Lessee”) for use of the premises located at 350 Morphy Avenue, Fairhope, Alabama. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Council President Burrell said we need to look at the terms and conditions. RESOLUTION NO. 5523-25 WHEREAS, on July 27, 2015, via Ordinance No. 1544, the City Council authorized the execution of a Municipal Lease Agreement between the City of Fairhope, Alabama (“Lessor”) and Theatre 98, Inc. (“Lessee”) for use of the premises located at 350 Morphy Avenue, Fairhope, Alabama; and WHEREAS, Lessee promises and agrees in lieu of rent to maintain the premises and keep them in good repair; and shall perform services for the City and the local community by putting on at least four (4) performances per year for City and County residents; and WHEREAS, the City Council is desirous of renewing the lease for an additional ten (10) years, with the same terms and conditions, which will expire on July 31, 2025. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, That Mayor Sherry Sullivan is hereby authorized to renew the lease for a ten-year term pursuant to the Municipal Lease Agreement between the City of Fairhope, Alabama (“Lessor”) and Theatre 98, Inc. (“Lessee”) for use of the premises located at 350 Morphy Avenue, Fairhope, Alabama. Adopted on this 28th day of July, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 19 of 243 28 July 2025 Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City Council accepts the Gulf of America Alliance's grant award for the Clean and Resilient Marina Certification project for the Fairhope Docks Marina in the amount of $17,349.17; and authorizes Mayor Sherry Sullivan to sign all necessary documents. The award will fund necessary equipment to complete the Clean Marina certification process including a weather station, green cleaning supplies for slip owners, a spill kit and boom for the fuel dock and signage. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5524-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council accepts the Gulf of America Alliance’s grant award for the Clean and Resilient Marina Certification project for the Fairhope Docks Marina in the amount of $17,349.17; and authorizes Mayor Sherry Sullivan to sign all necessary documents. The award will fund necessary equipment to complete the Clean Marina certification process including: a weather station, green cleaning supplies for slip owners, a spill kit and boom for the fuel dock and signage. ADOPTED ON THIS 28TH DAY OF JULY, 2025 ___________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin moved to approve the recommendations from the Street & Traffic Control Committee: (1) Removing the current speed-calming devices on Volanta Avenue (West End, from N. Section Street to the Fairhope Yacht Club), and install four (4) standard (rubber/bolt down) speed bump devices; (2) Lowering the speed limit from 25 mph to 15 mph on Volanta Avenue (West end, from N. Section Street to Fairhope Yacht Club); (3) Adding a fourth speed table to Summer Lake Street (residents would pay for the additional speed calming device); and (4) Lowering the speed limit from 25 mph to 20 mph on Summer Lake Street. Seconded by Councilmember Boone, motion passed unanimously by voice vote. Page 20 of 243 28 July 2025 Councilmember Martin moved to grant the request of Gary Gover, Director and President of Earth Day Mobile Bay, Inc. requesting the use of South Beach Park for Earth Day 2026. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Councilmember Martin moved to appoint Carl Couret to the Fairhope Environmental Advisory Board for a four-year term which will expire July 2029. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. City Council reviewed an application for a Restaurant Liquor License by John S. MacArthur, Fairhope Hemp LLC d/b/a Johnny Mac’s, located at 505 Fairhope Avenue, Fairhope, Alabama. Councilmember Conyers moved to approve the issuance of the license. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Boone moved to adjourn the meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. There being no further business to come before the City Council, the meeting was duly adjourned at 6:51 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 243 Page 22 of 243 Page 23 of 243 Page 24 of 243 Page 25 of 243 Page 26 of 243 Page 27 of 243 Page 28 of 243 Page 29 of 243 Page 30 of 243 Page 31 of 243 Page 32 of 243 Page 33 of 243 Page 34 of 243 Page 35 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1659 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Lieb Engineering Company, on behalf of the Owner, Gold Kist Corner LLC, is requesting conditional annexation to B-2, General Business District. The property is approximately 4.65 acres and is located on the southwest corner of State Highway 104 and State Highway 181. PPIN #: 19982 AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Two conditional annexations are on the agenda. The two properties are adjacent to each other and owned by separate family members. If approved, the existing businesses would be allowed to remain but any alterations, changes, or additions would have to follow Fairhope's requirements. The Planning Commission unanimously recommends approval. Both Staff and Planning Commission recommend one condition of approval, which, in short, would require a 20' buffer where this property abuts residentially zoned property. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 36 of 243 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 37 of 243 ORDINANCE NO. ____ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of B-2, General Business District, The property of Gold Kist Corner LLC is located on the southwest corner of State Highway 104 and State Highway 181, Fairhope, AL. (Case number ZC 25.04) From the Northeast comer of Section 10, Township 6 South, Range 2 East, run N 89° 57'-W 33.0 feet; thence run South 40.0 feet to the POINT OF BEGINNING; thence run South along the West margin of Belforest Road, 621.75 feet; thence run S 89° 51' -W 431.6 feet; thence run North 622.76 feet to the South margin of Alabama Highway 104; thence run S 89° 57' - E along said South margin of Alabama Highway 104, 431.6 feet to the POINT OF BEGINNING, containing 6.165 acres, and being a part of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of said Section 10, Baldwin County, Alabama; EXCEPTING THEREFROM the South 130 feet previously conveyed to John H. Lang. A map of the property to be rezoned is attached as Exhibit A. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 38 of 243 Severability Clause - if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. Effective Date – This ordinance shall take effect immediately upon its due adoption and publication as required by law. Page 39 of 243 Page 40 of 243 Page 41 of 243 Page 42 of 243 : Michelle Melton Planning Commission (6 Ayes)(0 Nays) voted to recommend approval of ZC 25.04 City Council August 11, 2025 Page 43 of 243 Page 44 of 243 Page 45 of 243 Page 46 of 243 Page 47 of 243 1                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Summary of Request:  The Applicant/Owner, Gold Kist Corner, LLC, requests conditional annexation with rezoning to B‐2 “General  Business District.” The property is approximately 4.65 acres and is located at the southwest corner of State  Hwys 104 and 181. Lieb Engineering is the authorized agent.      Comments    The property is currently zoned B‐4 “Major Commercial District” by the County. There are two (2) operating  businesses on the subject property: Smith Fresh Kitchen (bka “The Hub” a gas station/convenience store) and  Sweat Tire. Permitted Uses for Baldwin County B‐4 are the following:               Applicant desires to be zoned B‐2 if annexed into the City.        Staff supports B‐2 zoning for the subject property if annexed into the City because B‐2 is the “most similar  district” per Article I, Section C(6)(c) to Baldwin County B‐4 zoning. Allowed uses in County B‐4 and City B‐2  zoning are similar and some of the very same uses, including the current uses on the subject property:  convenience store/gas station and automobile parts sales (i.e. tires).      Google Street View last visited on June 13, 2025.  Page 48 of 243 2                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Table 3‐1 Use Table from Fairhope Zoning Ordinance      Page 49 of 243 3                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Since the property is anticipated to be annexed into the City then City regulations shall apply once the property  is outright under the City’s jurisdiction going forward as B‐2. As such, future development of the site shall  come into compliance with city standards and connect to city utilities.     Convenience Stores in the City may operate with Special Conditions for the Use set forth in Article III, Section  D(4). Moreover, there are incompatible uses to the west. A Baldwin County RSF‐E parcel, which is residential,  and requires buffering. The Tree Ordinance makes reference to 10 ft buffer strips along the incompatible  property line(s) of the developing property  and  for property adjacent to public ROWs (Section 20.5‐4(11) and  (4), respectively and Article V, Section B(2) reads:        Because this is a rezoning case, Staff recommends requiring a 20’ landscape buffer abutting all residential  property that is compliant with Article V, Section B(2) above, but would support planting of trees and shrubs  at time of future development. The City Council, with Planning Commission recommendation, has the  authority and discretion to determine if any additional conditions are applicable to the zoning case at hand.     Citizen Comments    Citizen comments received do not favor this conditional annexation. Most of the comments are about  vehicular congestion due to the existing commercial activity and disappointment in ALDOT for missed  opportunities to improve the single ingress/egress for the Hollowbrook subdivision when ALDOT was  expanding Hwy 181. At least one (1) business (“Storage Pro” outdoor shed sales) that was operating on the  subject property has ceased doing business since the application. Re‐zoning from a County district to a  similar city district does not automatically increase any commercial activity in the area. It is currently a  heavily commercially zoned area via city or county zoning. See below.            Page 50 of 243 4                                                              ZC 25.04 Smith Fresh Kitchen Conditional Annexation B‐2 – July 7, 2025    Conceptual Site Plan       Wetland    There are no wetlands whatsoever on the subject property per the Engineer of Record.         Utilities    Water, Sewer, and Gas shall be supplied by Fairhope Utilities.  Riviera will provide power.    Criteria – The application shall be reviewed based on the following criteria:  (1) Compliance with the Comprehensive Plan;  Response:   Meets. All corners of Hwys 181 and 104 are considered Suburban Mixed‐Use Centers.    (2) Compliance with the standards, goals, and intent of this ordinance;  Response: Applicant intends to annex into the City of Fairhope and fall under the City’s development  guidelines.       (3) The character of the surrounding property, including any pending development activity;  Response: Meets. Most of the surrounding property is already commercially zoned by the county or city. The  Encounter Commercial Park already has existing businesses and is otherwise developing.           Page 51 of 243 5 ZC 25.04 Smith Fresh Kitchen Conditional Annexation B-2 – July 7, 2025 (4) Adequacy of public infrastructure to support the proposed development; Response: This is a re-zoning request, without a Site Plan review. Future projects within the subject property shall ensure adequate public infrastructure. Sweat Tire shall be connected to Fairhope Sewer and Water prior to the City Council meeting for this case. (5) Impacts on natural resources, including existing conditions and ongoing post-development conditions; Response: None anticipated. The site is developed. (6) Compliance with other laws and regulations of the City; Response: At the time of any development all applicable laws of the City will be applied. (7) Compliance with other applicable laws and regulations of other jurisdictions; Response: At the time of additional development all applicable laws will be applied. (8) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and, Response: The area is an existing commercial hub where such things are commonplace and tolerated. B -2 zoning allows for the same type of impacts that have already happened. (9) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Response: Staff do not anticipate any significant issues relating to this criterion because already developed and no additional or different uses were submitted with the application. Recommendation: Staff and Planning Commission recommend that Case ZC 25.04 Smith Fresh Kitchen from County zoned B-4 to Fairhope B-2 “General Business District” be Approved, with the following condition: 1) A twenty-foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 52 of 243 Page 53 of 243 Page 54 of 243 Page 55 of 243 Page 56 of 243 Page 57 of 243 Page 58 of 243 Page 59 of 243 Page 60 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1660 FROM: Hunter Simmons, PLANNING DIRECTOR SUBJECT: Public Hearing – Ordinance – Amend Zoning Ordinance No. 1253 - Public hearing to consider the request of the Applicant, Lieb Engineering Company, on behalf of the Owner, Advantage Holdings, LLC, is requesting conditional annexation to B-2, General Business District. The property is approximately 2.23 acres and is located at 21905 State Highway 181. PPIN #: 66242 AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: Council Approval BACKGROUND INFORMATION: Two conditional annexations are on the agenda. The two properties are adjacent to each other and owned by separate family members. If approved, the existing businesses would be allowed to remain but any alterations, changes, or additions would have to follow Fairhope's requirements. The Planning Commission unanimously recommends approval. Both Staff and Planning Commission recommend one condition of approval, which, in short, would require a 20' buffer where this property abuts residentially zoned property. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 61 of 243 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 62 of 243 ORDINANCE NO. ____ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: After the appropriate public notice and hearing, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation of B-2, General Business District, The property of Advantage Holdings, LLC is located at 21905 State Highway 181, Fairhope, AL. (Case number ZC 25.05) Commencing at the point of intersection of the center line of the Silverhill Highway (Alabama Highway No. 104) and the centerline of Belforest Road, which point is now presumed to be the Northeast corner of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama; run thence South along the centerline of the Belforest Road 661.75 feet to the POINT OF BEGINNING; thence run South 8 9 ° 51' West, 67 3. 9 feet to a corner; thence run North 00 ° 30' East, 208.56 feet to a corner; thence run North 89 ° 51' East, 208.56 feet to a corner; thence run South 00 ° 30' West, 78.56 feet to a corner; thence run North 89 ° 51' East, 464.6 feet to a point on the centerline of said Belforest Road; thence run South 130 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM the Belforest Road right-of-way; containing 2. 2 7 acres, more or less, in the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section 10, Township 6 South, Range 2 East, Baldwin County, Alabama. A map of the property to be rezoned is attached as Exhibit A. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 1253 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of the City of Fairhope and that any structure be erected only in compliance with such laws, including the requirements of Ordinance No. 1253. A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding. This ordinance shall take effect immediately upon its due adoption and publication as required by law. Page 63 of 243 Ordinance No. _____ Page 64 of 243 Page 65 of 243 Page 66 of 243 Planning Commission (6 Ayes)(0 Nays) voted to recommend approval of ZC 25.05 City Council August 11, 2025 Page 67 of 243 Page 68 of 243 Page 69 of 243 Page 70 of 243 Page 71 of 243 Page 72 of 243 Page 73 of 243 Page 74 of 243 Page 75 of 243 6 ZC 25.05 Smith Straw Conditional Annexation B-2 – July 7, 2025 Recommendation: Staff and Planning Commission recommend Case ZC 25.05 Smith Straw County zoned B-4 to Fairhope B-2 “General Business District” be Approved with the following condition(s): 1) Provide the City with the Lessor for the communications tower lease. 2) A twenty foot (20’) landscape buffer shall be required along all property lines abutting residentially zoned property in compliance with Article V, Section B(2) of the Zoning Ordinance. Page 76 of 243 Page 77 of 243 Page 78 of 243 Page 79 of 243 Page 80 of 243 Page 81 of 243 Page 82 of 243 Page 83 of 243 Page 84 of 243 Page 85 of 243 Page 86 of 243 Page 87 of 243 Page 88 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1716 FROM: Stephanie Hollinghead, Chief SUBJECT: Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take-Home Vehicles regarding the Police Department. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To amend Ordinance No. 1800 known as the Personnel Rules, Policies and Procedures; specifically XII. Use of City Vehicles, Section D. Assignment of Vehicles (Item No. 1) Take-Home Vehicles regarding the Police Department. BACKGROUND INFORMATION: XII. USE OF CITY VEHICLES SECTION D. ASSIGNMENT OF VEHICLES 1. Certain employees will be assigned City vehicles for use in their positions and are authorized to drive the vehicle to and from work. “Take-home” vehicles are authorized based on the needs of the City and only for employees living inside the City’s police jurisdiction. Police Officers who live outside the police jurisdiction but within a 30-mile radius of the City of Fairhope police station may be authorized by the Chief of Police and Mayor to take home a City police vehicle to respond to calls for police assistance within the City of Fairhope’s police jurisdiction. Except for commuting to and from work, City vehicles may only be used for City business. (The remainder of Section D. remains as written and adopted.) BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 89 of 243 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 90 of 243 ORDINANCE NO. ____ AN ORDINANCE AMENDING ORDINANCE NO. 1800 KNOWN AS THE PERSONNEL RULES, POLICIES AND PROCEDURES ORDINANCE BE IT ORDAINED BY THE CITY OF FAIRHOPE GOVERNING BODY OF THE CITY OF FAIRHOPE, FAIRHOPE, ALABAMA, as follows: Section 1. The ordinance known as the Personnel Rules, Policies, and Procedures Ordinance (No. 1800), adopted 10 June 2024, together with the Personnel Handbook of the City of Fairhope, be and the same hereby is changed and altered in respect to the certain sections below: XII. USE OF CITY VEHICLES SECTION D. ASSIGNMENT OF VEHICLES (Item No. 1) 1. Certain employees will be assigned City vehicles for use in their positions and are authorized to drive the vehicle to and from work. “Take-home” vehicles are authorized based on the needs of the City and only for employees living inside the City’s police jurisdiction. Police Officers who live outside the police jurisdiction but within a 30-mile radius of the City of Fairhope police station may be authorized by the Chief of Police and Mayor to take home a City police vehicle to respond to calls for police assistance within the City of Fairhope’s police jurisdiction. Except for commuting to and from work, City vehicles may only be used for City business. (The remainder of Section D. remains as written and adopted.) Section 2. 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 3. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted this 11th Day of August, 2025 ___________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Adopted this 11th Day of August, 2025 ___________________________________ Sherry Sullivan, Mayor Page 91 of 243 D. Assignment of Vehicles 1. Certain employees will be assigned City vehicles for use in their positions and are authorized to drive the vehicle to and from work. “Take-home” vehicles are authorized based on the needs of the City and only for employees living inside the City’s police jurisdiction. Police Officers who live outside the police jurisdiction but within a 15-mile radius of the City of Fairhope police station and in Baldwin County, Alabama, may be authorized by the Chief of Police and Mayor to take home a City police vehicle to respond to calls for police assistance within the City of Fairhope’s police jurisdiction. Except for commuting to and from work, City vehicles may only be used for City business. 2. City vehicles are normally assigned to an individual at the start of their work period and are the employee’s responsibility until the completion of the assigned work period when the vehicle is returned. 3. Employees should inspect the City-owned vehicle on a daily basis (i.e. oil, tires, transmission fluid, etc.). It is the responsibility of the City employee to keep their assigned vehicle clean (inside and outside). 4. It is the responsibility of the driver to make sure that the City-owned vehicle is equipped with proof of insurance, current registration, and gas card. These items are issued to the vehicle, not the driver, and must not be removed under any circumstances. 5. If the employee is going on vacation or will be off work for any length of time, the employee’s supervisor may require the employee to park the City-owned vehicle at the workplace. 6. City employees authorized to use their personal vehicles for periodic City business may be reimbursed for mileage at the rate established by the Internal Revenue Service, as approved by the City Council. 7. The City will not pay for any traffic tickets or parking fines of an employee operating a City-owned vehicle, nor will the City pay if the employee is authorized to use their personal vehicle on City business. An employee found guilty of moving violations while in City vehicles may be subject to disciplinary action. All such related fines received by the employee are their personal responsibility. 8. An employee receiving a travel allowance and using a personal car for City business assumes liability for bodily injuries or property damage arising out of an accident occurring in connection with operation of their personal vehicle. Page 92 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1719 FROM: Richard Johnson, CITY ENGINEER SUBJECT: An agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: That the City Council hereby authorizes Mayor Sullivan to enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. BACKGROUND INFORMATION: Preliminary Engineering and Construction Agreement for a Federal Aid Project between the State of Alabama and the City of Fairhope (80/20 Match) Preliminary Engineering estimated cost and participation by the various parties is CRP Funds (Eastern Shore Area Dedicated) $20,000.00 and City Funds $5,000.00 for a total estimated Indirect cost of $25,000.00. Construction estimated cost and participation is CRP Funds (Eastern Shore Area Dedicated) $200,000.00 and City Funds $50,000.00 for a total estimated CE&I and Indirect Cost of $250,000.00 Project #2024-PWI 015 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) Page 93 of 243 GRANT: CRPES-0224 Federal Carbon Reduction Program (CRP) funds 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 94 of 243 8 RESOLUTION NO. _____ BE IT RESOLVED, BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE AS FOLLOWS: That the City of Fairhope enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Drive to Fox Hollow Phase 3, and from Pecan Park to Nichols Avenue with pedestrian crossing at Nichols Avenue; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City Clerk. Adopted and Approved this 11th day of August, 2025 ___________________________________ Jack Burrell, Council President Attest: ________________________________ Lisa A. Hanks, MMC City Clerk I, the undersigned qualified and City Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution passed and adopted by the City Council of the City of Fairhope therein, at a regular meeting of such Council held on the 11th of August 2025, and that such resolution is on file in the City Clerk’s Office. Seal Lisa A. Hanks, City Clerk Date Page 95 of 243 PRELIMINARY ENGINEERING AND CONSTRUCTION AGREEMENT FOR A FEDERAL AID PROJECT BETWEEN THE STATE OF ALABAMA AND THE CITY OF FAIRHOPE Baldwin County Project No. CRPES-0224( ) CPMS Ref# 100078292 & 100078293 PART ONE (1): INTRODUCTION This Agreement is made and entered into by and between the State of Alabama (acting by and through the Alabama Department of Transportation), hereinafter referred to as the STATE; and the City of Fairhope, Alabama, hereinafter referred to as the CITY. WHEREAS, the STATE and the CITY desire to cooperate in the sidewalk along CR-13 from Sedgefield Dr. to Fox Hollow Ph.3, and from Pecan Park to Nichols Ave. with pedestrian crossing at Nichols Ave.; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. NOW, THEREFORE, it is mutually agreed between the STATE and the CITY as follows: PART TWO (2): FUNDING PROVISIONS A. Project Funding: Funding for this Agreement is subject to availability of Federal Aid funds at the time of authorization. The STATE will not be liable for Federal Aid Funds in any amount. The project will be limited to $220,000.00 Federal Carbon Reduction Program (CRP) funds unless the Eastern Shores Area Metropolitan Planning Organization agrees, subject to the approval of the STATE, to reprogram the allocated Federal funds for the Eastern Shores Area Metropolitan Planning Organization sufficient to pay 80% of the project cost. Any overruns not covered by the MPO will be borne by the CITY. In the event of an underrun in project costs, the amount of Federal Aid funds will be the amount stated below, or 80% of the project costs, whichever is less. B. The estimated cost and participation by the various parties is as follows: PRELIMINARY ENGINEERING FUNDING SOURCE ESTIMATED COSTS CRP Funds (Eastern Shores Area Dedicated) $ 20,000.00 City Funds $ 5,000.00 ---------------------- TOTAL (Incl Indirect Cost) $ 25,000.00 Page 96 of 243 CONSTRUCTION FUNDING SOURCE ESTIMATED COSTS CRP Funds (Eastern Shores Area Dedicated) $ 200,000.00 City Funds $ 50,000.00 ---------------------- TOTAL (Incl CE&I & Indirect Cost) $ 250,000.00 It is further understood that this is a cost reimbursement program and no federal funds will be provided to the CITY prior to accomplishment of the work for which it is requested. Furthermore, no federal funds will be reimbursed for work performed prior to project authorization. Any cost incurred by the CITY relating to this project which is determined to be ineligible for reimbursement by the FHWA or in excess of the limiting amounts previously stated will not be an eligible cost to the project and will be borne and paid by the CITY. C. Time Limit: This project will commence upon written authorization to proceed from the STATE directed to the CITY. The approved allocation of funds for projects containing Industrial Access funds shall lapse if a contract has not been awarded for construction of the project within (12) months of the date of the funding approval by the Board and the approved allocation shall be returned to the IARB for re-allocation. A time extension may be approved by the IARB upon formal request by the applicant. The approved allocation of funds for projects containing Federal Transportation Alternatives Set-Aside funds may lapse if a project has not been authorized by FHWA within (24) months of the date of the funding approval by the Governor and the approved allocation shall be returned to the STATE for re-allocation. A time extension may be approved by the STATE upon formal request by the applicant. Failure to meet other project milestones, as set forth in the TAP Guidelines, may result in an approved allocation being returned to the STATE. PART THREE (3): PROJECT SERVICES A. The CITY will furnish all Right-of-Way for the project. Associated Right-of-Way acquisition costs will not be an eligible cost as part of this Agreement. The Right-of-Way acquisition phase is hereby defined as the appraisal fees, appraisal review fees and the cost of acquisition incurred. All work accomplished under the provisions of this agreement will be accomplished on property owned by or which will be acquired by the CITY in accordance with applicable Federal and state laws, regulations, and procedures. Any exceptions to this requirement must be approved by the STATE in writing prior to incurring costs for which reimbursement is requested by the CITY. In cases where property is leased or easements obtained, the terms of the lease or easement will not be less than the expected life of the improvements. Acquisition of real property by the CITY as a part of this project will conform to and be in accordance with the provisions of the Federal Uniform Relocation Assistance & Real Property Acquisition Policies Act (49 CFR 24, Subpart B), all federal environmental laws, and all other applicable state and federal laws. Any property acquired shall be in the name of the CITY with any condemnation or other legal proceedings being performed by the CITY. The CITY shall follow all Federal regulations related to the Management, Leasing, and Disposal of Right-of-Way, uneconomic remnants and excess Right-of-Way as found in Page 97 of 243 CFR 23 § 710 Subpart D. Proceeds for Leases and Disposals shall be credited to the Project or to the Title 23 Collector Account. No change in use or ownership of real property acquired or improved with funds provided under the terms of this Agreement will be permitted without prior written approval from the STATE or FHWA. The STATE or FHWA will be credited on a prorata share, as provided in Part Two, Section B, any revenues received by the CITY from the sale or lease of property. B. The CITY will relocate any utilities in conflict with the project improvements in accordance with applicable Federal and State laws, regulations, and procedures. Associated Utility costs will not be an eligible cost as part of this Agreement. C. The CITY will make the Survey, perform the Design, complete the Plans and furnish all Preliminary Engineering for the project with CITY forces or with a consultant approved by the STATE. Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs will be an eligible cost as part of this Agreement. If any Associated Survey, Design, Plan Preparation, and Preliminary Engineering costs are an eligible cost to the project, the CITY will develop and submit to the STATE a project budget for approval. This budget will be in such form and detail as may be required by the STATE. At a minimum, all major work activities will be described, and an estimated cost and source of funds will be indicated for each activity. A signature line will be provided for approval by the Region Engineer and date of such approval. All cost for which the CITY seeks reimbursement must be included in a budget approved by the STATE in order to be considered for reimbursement. Budget adjustments may be necessary and may be allowed, subject to the approval of the STATE in writing, in order to successfully carry out the project. However, under no circumstances will the CITY be reimbursed for expenditures over and beyond the amount approved by the STATE. The CITY will undertake the project in accordance with this Agreement, plans approved by the STATE and the requirements, and provisions, including the documents relating thereto, developed by the CITY and approved by the STATE. The plans, including the documents relating thereto, is of record in the Alabama Department of Transportation and is hereby incorporated in and made a part of this Agreement by reference. It is understood by the CITY that failure of the CITY to carry out the project in accordance with this Agreement and approved plans, including documents related thereto, may result in the loss of federal or state funding and the refund of any federal or state funds previously received on the project. Projects containing Industrial Access funds or State funds, with no Federal funds involved, shall have completed original plans furnished to the STATE in accordance with the Guidelines for Operations for Procedures for Processing State and Industrial Access Funded County and City Projects, and attached hereto as a part of this Agreement prior to the CITY letting the contract. D. The CITY will furnish all construction engineering for the project with CITY forces or with a consultant approved by the STATE as part of the cost of the project. Construction Engineering & Inspection cost are not to exceed 15%, without prior approval by the State. Associated Construction Engineering & Inspection costs will be an eligible cost as part of this Agreement. E. The STATE will furnish the necessary inspection and testing of materials when needed as part of the cost of the project. The CITY may request the use of an approved third-party materials inspection and testing provider, as approved by the STATE. PART FOUR (4): CONTRACT PROVISIONS A. The CITY shall not proceed with any project work covered under the provisions of this Agreement until the STATE issues written authorization to the CITY to proceed. B. Associated Construction cost will be an eligible cost as part of this Agreement. Page 98 of 243 For projects let to contract by the STATE, the STATE will be responsible for advertisement and receipt of bids, and the award of the Contract. Following the receipt of bids and prior to the award of the Contract, the STATE will invoice the CITY for its pro rata share of the estimated cost as reflected by the bid of the successful bidder plus Engineering & Inspection and Indirect Costs (if applicable). The CITY shall pay this amount to the STATE no later than 30 days after the date bids are opened. Failure to do so may lead to the rejection of the bid. For projects let to contract by the CITY, the CITY shall comply with all Federal and State laws, rules, regulations and procedures applicable to the advertisement, receipt of bids, and the award of the contract. The CITY will, when authorized by the STATE, solicit bids and make awards for construction and/or services pursuant to this agreement. The CITY shall not solicit bids until the entire bid package (plans, specifications, estimates, etc.) has been reviewed and approved by the STATE. Following receipt of bids, the CITY will provide all bids to the STATE with a recommendation for award. The CITY shall not award the contract until it has received written approval from the STATE. For projects with approval by the STATE to use CITY Forces, the Construction for the project will be performed by the CITY at actual costs for labor, materials, and equipment, as approved by the STATE. The purchase of project equipment and/or services financed in whole or in part pursuant to this Agreement will be in accordance with applicable Federal and State laws, rules, regulations, and procedures, including state competitive bidding requirements applicable to counties and municipalities in the State of Alabama when the purchase is made by any such entity. C. If necessary, the CITY will file an Alabama Department of Environmental Management (ADEM) National Pollutant Discharge Elimination System (NPDES) Notice of Registration (NOR) (Code Chapter 335-6-12) for this project without cost to the State or this project. The CITY will be the permittee of record with ADEM for the permit. The CITY and the contractor will be responsible for compliance with the permit and the State will have no obligation regarding the permit. The CITY will furnish the State (Region) a copy of the permit prior to any work being performed by the contractor. The CITY will secure all permits and licenses of every nature and description applicable to the project in any manner and will conform to and comply with the requirements of any such permit or license, and with each and every requirement of any and all agencies, and of any and all lawful authorities having jurisdiction or requirements applicable to the project or to the project activities. D. The CITY will comply with the Alabama Department of Transportation Standard Specifications for Highway Construction, Latest Edition, on this project and will ensure that work associated on this project meets the standards of the Alabama Department of Transportation and the project will be built in accordance with the approved plans. E. Subject to the limitations on damages applicable to municipal corporations under Ala. Code § 11-47-190 (1975), to the maximum extent permitted by Alabama law and the Constitution of the State of Alabama, the CITY shall indemnify, and hold harmless the State of Alabama, the Alabama Department of Transportation, its officers, officials, agents, servants, and employees from and against (1) claims, damages, losses, and expenses, including but not limited to attorneys’ fees arising out of, connected with, resulting from or related to the work performed by the CITY, or its officers, employees, contracts, agents or assigns (2) the provision of any services or expenditure of funds required, authorized, or undertaken by the CITY pursuant to the terms of this Agreement, or (3) any damage, loss, expense, bodily injury, or death, or injury or destruction of tangible property (other than the work itself), including loss of use therefrom, and including but not limited to attorneys’ fees , caused by the negligent, careless or unskillful acts of the CITY its agents, servants, representatives or employees, or the misuse, misappropriation, misapplication, or misexpenditure of any source of funding, Page 99 of 243 compensation or reimbursement by the CITY, its agents, servants, representatives or employees, or anyone for whose acts the CITY may be liable. F. The CITY will be obligated for the payment of damages occasioned to private property, public utilities or the general public, caused by the legal liability (in accordance with Alabama and/or Federal law) of the CITY, its agents, servants, employees or facilities. G. Upon completion and acceptance of this project by the State, the CITY will assume full ownership and responsibility for the project work and maintain the project in accordance with applicable State law. PART FIVE (5): ACCOUNTING PROVISIONS A. The CITY will, when appropriate, submit reimbursement invoices to the STATE for work performed in carrying out the terms of this Agreement. Requests for reimbursement will be made on forms provided by the STATE and will be submitted through the Region Engineer for payment. The CITY may invoice the STATE not more often than once per month for the funds due for work performed under this Agreement. Invoices for payment will be submitted in accordance with state law and will indicate that the payment is due, true, correct, unpaid, and the invoice will be notarized. Invoices for any work performed under the terms of this agreement will be submitted within twelve (12) months after the completion and acceptance by the STATE for the work. Any invoices submitted after this twelve-month period will not be eligible for payment. B. The CITY will not assign any portion of the work to be performed under this Agreement or execute any contract, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement, without the prior written approval of the STATE. C. The CITY will establish and maintain a cost accounting system that must be adequate and acceptable to the STATE as determined by the auditor of the STATE. All charges to the Project will be supported by properly executed invoices, contracts, or vouchers, as applicable, evidencing in proper detail the nature and propriety of the charges, in accordance with the requirements of the STATE. All checks, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to the project will be clearly identified, readily accessible and to the maximum extent feasible, kept separate and apart from all other such documents. The CITY will report to the STATE the progress of the project in such manner as the STATE may require. The CITY will also provide the STATE any information requested by the STATE regarding the project. The CITY will submit to the STATE financial statements, data, records, contracts and other documents and items of any respect related to the project as may be requested by the STATE. The CITY will permit the STATE, the Comptroller General of the United States, and the Secretary of the USDOT, or either of them or their respective authorized representatives, to inspect, at any time, vehicles and equipment utilized or used in performance of the project; any and all data and records which in any way relate to the project or to the accomplishment of the project. The CITY will also permit the above noted persons to audit the books, records and accounts pertaining to the project at any and all times, and the CITY will give its full cooperation to those persons or their authorized representatives, as applicable. The CITY will comply with all audit requirements set forth in the 2 CFR Part 200 requirements, or the most current version of those requirements under federal law. D. The CITY will retain all books, records, and other documents relative to this Agreement for a minimum of three (3) years after project termination, expiration of Federal interest, or close out, and the STATE, the Comptroller General of the United States, and the Secretary of the USDOT, or either of them or their respective authorized representatives, will have full access to, and right to examine any of said materials at all reasonable times during said period. Page 100 of 243 E. Any user fee or charge to the public for access to any property or services provided through the funds made available under this agreement, if not prohibited by a Federal, State or local law, must be applied for the maintenance and long-term upkeep of the project authorized by this agreement. F. An audit report must be filed with the Department of Examiners of Public Accounts, upon receipt by the CITY, for any audit performed on this project in accordance with Act No. 94-414. PART SIX (6): MISCELLANEOUS PROVISIONS A. By entering into this agreement, the CITY is not an agent of the STATE, its officers, employees, agents or assigns. The CITY is an independent entity from the STATE and nothing in this agreement creates an agency relationship between the parties. B. It is agreed that the terms and commitments contained in this agreement shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment 26. It is further agreed that if any provision of this agreement shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this agreement, be enacted, then the conflicting provision in this agreement shall be deemed null and void. C. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate Federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom. D. No member, officer, or employee of the CITY during their tenure of employment, and for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds, profits, or benefits therefrom. E. The terms of this Agreement may be modified by revision of this Agreement duly executed by the parties hereto. F. This agreement may be terminated by either party upon the delivery of a thirty (30) day notice of termination. G. Nothing shall be construed under the terms of this Agreement that shall cause any conflict with Section 23-1-63, Code of Alabama, 1975. H. Exhibits A, E, H, M, and N are hereby attached to and made a part of this Agreement. Page 101 of 243 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by those officers, officials and persons duly authorized to execute same, and the Agreement is deemed to be dated and to be effective on the date hereinafter stated as the date of its approval by the Governor of Alabama. City of Fairhope, Alabama ATTEST: By: _______________________________ By: ___________________________________ As Mayor (Signature) Clerk (Signature) _______________________________ ______________________________ Print Name of Mayor Print Name of Clerk (AFFIX SEAL) This contract has been legally reviewed and approved as to form. By: _____________________________ Legal Counsel for Alabama Department of Transportation RECOMMENDED FOR APPROVAL: ______________________________ ___________________________________ Matthew J. Ericksen, P.E. Bradley B. Lindsey, P.E. Southwest Region Engineer State Local Transportation Engineer ______________________________ Edward N. Austin, P. E. Chief Engineer STATE OF ALABAMA, ACTING BY AND THROUGH THE ALABAMA DEPARTMENT OF TRANSPORTATION __________________________________________________ John R. Cooper, Transportation Director THE WITHIN AND FOREGOING AGREEMENT IS HEREBY EXECUTED AND SIGNED BY THE GOVERNOR ON THIS ______DAY OF ________________, 20______. ______________________________ KAY IVEY GOVERNOR, STATE OF ALABAMA Page 102 of 243 RESOLUTION NUMBER________________________ BE IT RESOLVED, by the City of Fairhope as follows: That the City enter into an agreement with the State of Alabama, acting by and through the Alabama Department of Transportation relating to a project for: Sidewalk along CR-13 from Sedgefield Dr. to Fox Hollow Ph.3, and from Pecan Park to Nichols Ave. with pedestrian crossing at Nichols Ave.; Project# CRPES-0224( ); CPMS Ref# 100078292 and 100078293. Which agreement is before this Council, and that the agreement be executed in the name of the City, by the Mayor for and on its behalf and that it be attested by the City Clerk and the official seal of the City be affixed thereto. BE IT FURTHER RESOLVED, that upon the completion of the execution of the agreement by all parties, that a copy of such agreement be kept on file by the City. I, the undersigned qualified and acting Clerk of the City of Fairhope, Alabama, do hereby certify that the above and foregoing is a true copy of a resolution lawfully passed and adopted by the City named therein, at a regular meeting of such Council held on the __________day of _________________, 20____ , and that such resolution is on file in the City Clerk’s Office. ATTESTED: _________________________________ ___________________________________ City Clerk Mayor _______day of ______________________, 20_______, and that such resolution is of record in the Minute Book of the City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City on this_________day of ____________________, 20_______ . ____________________________ City Clerk (AFFIX SEAL) Page 103 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT A PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN FEDERAL- AID PROGRAM Policy. It is the policy of the U.S. Department of Transportation that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this AGREEMENT. Consequently, the DBE requirements of 49 CFR Part 26 apply to this AGREEMENT. DBE Obligation. The recipient of funds under the terms of this AGREEMENT agrees to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. The recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to see that Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of U.S. Department of Transportation assisted contracts. Failure of the recipient of funds under the terms of this AGREEMENT, or failure of its subcontractor (if a subcontractor is authorized) to carry out the DBE requirements of this AGREEMENT shall constitute a breach of contract, and may result in termination of the contract by the STATE, or such other remedy may be undertaken by the STATE as it deems appropriate. Page 104 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT E TERMINATION OR ABANDONMENT a. The STATE has the right to abandon the work or to amend its project at any time, and such action on its part shall in no event be deemed a breach of contract. b. The STATE has the right to terminate this AGREEMENT at its sole discretion without cause and make settlement with the CITY upon an equitable basis. The value of the work performed by the CITY prior to the termination of this AGREEMENT shall be determined. In determining the value of the work performed, the STATE shall consider the following: 1. The ratio of the amount of work performed by the CITY prior to the termination of the AGREEMENT to the total amount of work contemplated by this AGREEMENT less any payments previously made. 2. The amount of the expense to which the CITY is put in performing the work to be terminated in proportion to the amount of expense to which the CITY would have been put had he been allowed to complete the total work contemplated by the AGREEMENT, less any payments previously made. In determining the value of the work performed by the CITY prior to the termination, no consideration will be given to profit, which the CITY might have made on the uncompleted portion of the work. If the termination is brought about as a result of unsatisfactory performance on the part of the CITY, the value of the work performed by the CITY prior to termination shall be fixed solely on the ratio of the amount of such work to the total amount of work contemplated by this AGREEMENT. CONTROVERSY In any controversy concerning contract terms, or on a question of fact in connection with the work covered by this project, including compensation for such work, the decision of the Transportation Director regarding the matter in issue or dispute shall be final and conclusive of all parties. CONTRACT BINDING ON SUCCESSORS AND ASSIGNS a. This contract shall be binding upon the successors and assigns of the respective parties hereto. b. Should the AGREEMENT be terminated due to default by CITY, such termination shall be in accordance with applicable Federal Acquisition Regulations. Page 105 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT H Page 1 EQUAL RIGHTS PROVISIONS During the performance of this contract, the CITY for itself, its assignees and successors in interest agrees as follows: a. Compliance with Regulations The CITY will comply with the Regulations of the Department of Transportation relative to nondiscrimination in federally-assigned programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, as amended by 23 CFR 710-405(b), hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities : • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 47123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; Page 106 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT H Page 2 • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). b. Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the CITY agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. The CITY will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices where the contract covers a program set forth in Appendix B of the Regulations. The CITY will comply with all provisions of Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375, and of the rules, regulations (41 CFR, Part 60) and relevant orders of the Secretary of Labor. c. Solicitations In all solicitations either by competitive bidding or negotiation made by the CITY for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by the CITY of the CITY'S obligation under this contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex or national origin. d. Information and Reports The CITY will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, Page 107 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT H Page 3 records, accounts, other sources of information and its facilities as may be determined by the STATE or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CITY is in the exclusive possession of another who fails or refuses to furnish this information, the CITY shall so certify to the STATE, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance In the event of the CITY'S noncompliance with the nondiscrimination provisions provided for herein, the STATE shall impose such contract sanctions as it may determine to be appropriate, including but not limited to, 1. withholding of payments to the CITY under contract until the CITY complies, and/or 2. cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions The CITY will include the foregoing provisions a. through f. in every subcontract, including procurements of materials and leases of equipment, unless excepted by the Regulations, orders or instructions issued pursuant thereto. The CITY will take such action with respect to any subcontract, procurement, or lease as the STATE may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a CITY becomes involved in, or is threatened with, litigation with subcontractors, suppliers, or lessor as a result of such direction, the CITY may request the STATE to enter into such litigation to protect the interest of the STATE. g. Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit laws at 49 U.S.C. § 5332, the CITY agrees to comply with all applicable equal employment requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. Page 108 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT H Page 4 The CITY agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the CITY agrees to comply with any implementing requirements FTA may issue. 2. Age – In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the CITY agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the CITY agrees to comply with any implementing requirements FTA may issue. 3. Disabilities – In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the CITY agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. COST PRINCIPLES The STATE'S cost principles for use in determining the allowability of any item of cost, both direct and indirect, in this AGREEMENT, shall be the applicable provisions of Volume I, Federal Acquisition Regulations, Parts 30 and 31. The CITY shall maintain costs and supporting documentation in accordance with the Federal Acquisition Regulations, Parts 30 and 31 and other Regulations referenced with these Parts where applicable. The CITY shall gain an understanding of these documents and regulations. The applicable provisions of the above referenced regulations documents are hereby incorporated by reference herein as if fully set forth. EXECUTORY CLAUSE AND NON-MERIT SYSTEM STATUS a. The CITY specifically agrees that this AGREEMENT shall be deemed executory only to the extent of moneys available, and no liability shall be incurred by the STATE beyond the moneys available for this purpose. Page 109 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT H Page 5 b. The CITY, in accordance with the status of CITY as an independent contractor, covenants and agrees that the conduct of CITY will be consistent with such status, that CITY will neither hold CITY out as, or claim to be, an officer or employee of the STATE by reason hereof, and that CITY will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the STATE under the merit system or any other law of Alabama, including but not limited to workmen's compensation coverage, or retirement membership or credit or any Federal employment law. This paragraph also applies in like manner to the employees of CITY. CITYS’ CERTIFICATIONS The CITY by acceptance of this contract certifies that the rates or composition of cost noted in Article IV - PAYMENTS are based on the current actual hourly rates paid to employees, estimated non- salary direct cost based on historical prices, the latest available audited indirect cost rate, and estimated cost of reimbursements to employees for travel (mileage, per diem, and meal allowance) based on the current policy of the CITY. The CITY agrees that mileage reimbursements for use of company vehicles is based on the lesser of the approved rate allowed by the General Services Administration of the United States Government or the reimbursement policies of the CITY at the time of execution of the AGREEMENT. The CITY agrees that no mileage reimbursement will be allowed for the purpose of commuting to and from work or for personal use of a vehicle. The CITY agrees that the per diem rate will be limited to the rate allowed by the STATE at the time of execution of the AGREEMENT. The CITY agrees that a meal allowance shall be limited to CITY employees while in travel status only and only when used in lieu of a per diem rate. The CITY shall submit detailed certified labor rates as requested, and in a timely manner, to the External Audits Section of the Finance and Audits Bureau of The Alabama Department of Transportation. The CITY agrees that material differences between rates submitted with a proposal and rates provided as certified for the same proposal are subject to adjustment and reimbursement. Page 110 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT M CERTIFICATION FOR FEDERAL-AID CONTRACTS: LOBBYING This certification is applicable to the instrument to which it is attached whether attached directly or indirectly with other attachments to such instrument. The prospective participant/recipient, by causing the signing of and the submission of this Federal contract, grant, loan, cooperative AGREEMENT, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, and the person signing same for and on behalf of the prospective participant/recipient each respectively certify that to the best of the knowledge and belief of the prospective participant or recipient and of the person signing for and on behalf of the prospective participant/recipient, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the prospective participant/recipient or the person signing on behalf of the prospective participant/recipient as mentioned above, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, or other instrument as might be applicable under Section 1352, Title 31, U. S. Code, the prospective participant/recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant/recipient also agrees by submitting this Federal contract, grant, loan, cooperative agreement or other instrument as might be applicable under Section 1352, Title 31, U.S. Code, that the prospective participant/recipient shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Page 111 of 243 STD CONTRACT EXHIBITS REV. 9/19/16 EXHIBIT N FUNDS SHALL NOT BE CONSTITUTED AS A DEBT It is agreed that the terms and commitments contained herein shall not be constituted as a debt of the State of Alabama in violation of Article 11, Section 213 of the Constitution of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if any provision of this AGREEMENT shall contravene any statute or Constitutional provision of amendment, either now in effect or which may, during the course of this AGREEMENT, be enacted, then the conflicting provision in the AGREEMENT shall be deemed null and void. When considering settlement of controversies arising from or related to the work covered by this AGREEMENT, the parties may agree to use appropriate forms of non-binding alternative dispute resolution. TERMINATION DUE TO INSUFFICIENT FUNDS a. If the agreement term is to exceed more than one fiscal year, then said agreement is subject to termination in the event that funds should not be appropriated for the continued payment of the agreement in subsequent fiscal years. b. In the event of proration of the fund from which payment under this AGREEMENT is to be made, agreement will be subject to termination. NO GOVERNMENT OBLIGATION TO THIRD PARTY CONTRACTORS The STATE and CITY acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations of or liabilities to the STATE, CITY, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The CITY agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided to FHWA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Page 112 of 243 STATE OF ALABAMA DEPARTMENT OF TRANSPORTATION GUIDELINES FOR OPERATION SUBJECT: PROCEDURES FOR PROCESSING STATE AND INDUSTRIAL ACCESS FUNDED COUNTY AND CITY PROJECTS No work can be performed and no contracts can be let prior to having a fully executed project agreement, submittal of project plans to Region and notification from the Region that advertisement for bids can be made, or, in the case of force account projects, work can begin. A project agreement will be prepared and furnished to the County/City upon receipt of grant award letter signed by the Director or Governor. The Region will prepare and submit a F-7A Budget Allotment request upon receipt of a project funding agreement at the time it is submitted to the County/City for their execution. The County/City will submit plans prepared and signed by a registered professional engineer showing work to be performed. Plans must match the project agreement description. It is not necessary for the Region to perform an in-depth review of plans. The County/City will submit a certification signed by a Registered Professional Engineer stating that the plans have been prepared so that all items included in the plans meet ALDOT specifications. The County/City will include a letter certifying that the County/City owns all right-of-way on which the project is to be constructed. Upon receipt of the executed agreement, the executed F-7A, final plans from the County/City, and right-of-way certification, the Region may notify the County/City to proceed with advertising the project for letting or proceed with work in the case of a force account project. In the case where a County/City is using an inplace annual bid, the County/City will furnish the Region a copy of their bid and this bid price will be used for reimbursement. 1-20 Rev. 10/2017 Page 113 of 243 Where the County/City is letting a contract locally, the County/City will furnish to the Region the three lowest bids with their recommendation for award. The Region will review the bids, and, if in order, advise the County/City to proceed with award of the contract to the lowest responsible bidder. The County’s/City’s estimate for reimbursement will be based on the bid prices concurred in by the State and supported with documentation that the contractor has been paid for work performed (copy of cancelled check). A certification will be submitted with County/City final estimate stating that the project was constructed in accordance with final plans submitted to the State and with the specifications, supplemental specifications, and special provisions which were shown on the plans or with the State’s latest specifications which were applicable at the time of plan approval. The County/City will notify the Region when the project is complete and the Region will perform a final ride-through to determine whether the project was completed in substantial compliance with original final plans. Final acceptance will be made by the Region with a copy of the letter furnished to the Bureau of Local Transportation. All required test reports, weight tickets, material receipts and other project documentation required by the specifications, applicable supplemental specifications, and special provisions will be retained by the County/City for a period of three (3) years following receipt of final payment and made available for audit by the State upon request. If an audit is performed and proper documentation is not available to verify quantities and compliance with specifications, the County/City will refund the project cost to the State or do whatever is necessary to correct the project at their cost. All County/City Industrial Access or State funded projects let to contract by the State will follow normal project procedures and comply with all current plan processing requirements. Page 114 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1712 FROM: Richard Johnson, CITY ENGINEER George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The City Engineer, Richard Johnson, and the Director of Public Works, George Ladd, has requested to procure a qualified contractor to provide all material, equipment, labor, incidentals, overhead and profit to conduct Resurfacing, Restoration and Rehabilitation (RRR), parking lot expansion, striping, marking, crack sealing, fence/gate construction, and limited leveling/base repair improvements for the City of Fairhope's Public Works and Utilities Administration Parking and Opration Yard located at 555 South Section Street, Fairhope, Alabama. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-056-2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project to Asphalt Services, Inc. with a bid proposal not-to-exceed $497,783.10. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, and the Director of Public Works, George Ladd, have requested to procure a qualified contractor to provide all material, equipment, labor, incidentals, overhead and profit to conduct Resurfacing, Restoration and Rehabilitation (RRR), parking lot expansion, striping, marking, crack sealing, fence/gate construction, and limited leveling/base repair improvements for the City of Fairhope's Public Works and Utilities Administration Parking and Opration Yard located at 555 South Section Street, Fairhope, Alabama. A service bid was issued on July 11, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Two (2) responsive bids were received at the bid opening on July 31, 2025 at 10:00 a.m. The City Engineer and the Director of Public Works recommend the award be made to Asphalt Services, Inc. for the low bid price of Four Hundred Ninety-Seven Thousand Seven Hundred Eighty-Three Dollars and Ten Cents ($497,783.10). Page 115 of 243 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 002-50475 Line 30 Gas - Capital Improvements $495,400.55 $497,783.10 ($2,382.55) 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 116 of 243 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for Bid No. 25-056- 2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project for the City of Fairhope Public Works Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for Bid No. 25-056-2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project [3] After evaluating the bid proposals with the required bid specifications, Asphalt Services, Inc. is now awarded Bid No. 25-056-2025-PWI-024 Public Works & Utility Parking & Operations Yard Expansion and Paving Project for the City of Fairhope Public Works Department with a bid proposal not-to-exceed $497,783.10. . ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 117 of 243 Page 118 of 243 Page 119 of 243 Page 120 of 243 Page 121 of 243 Page 122 of 243 Page 123 of 243 Page 124 of 243 Page 125 of 243 Page 126 of 243 Page 127 of 243 Page 128 of 243 Page 129 of 243 Page 130 of 243 Page 131 of 243 Page 132 of 243 Page 133 of 243 Page 134 of 243 Page 135 of 243 Page 136 of 243 Page 137 of 243 Page 138 of 243 Page 139 of 243 Page 140 of 243 Page 141 of 243 Page 142 of 243 Page 143 of 243 Page 144 of 243 Page 145 of 243 Page 146 of 243 Page 147 of 243 Page 148 of 243 Page 149 of 243 Page 150 of 243 Page 151 of 243 Page 152 of 243 Page 153 of 243 Page 154 of 243 Page 155 of 243 Page 156 of 243 Page 157 of 243 Page 158 of 243 Page 159 of 243 Page 160 of 243 Page 161 of 243 Page 162 of 243 Page 163 of 243 Page 164 of 243 Page 165 of 243 Page 166 of 243 Page 167 of 243 Page 168 of 243 Page 169 of 243 Page 170 of 243 Page 171 of 243 Page 172 of 243 Page 173 of 243 Page 174 of 243 Page 175 of 243 Page 176 of 243 Page 177 of 243 Page 178 of 243 Page 179 of 243 Page 180 of 243 Page 181 of 243 Page 182 of 243 Page 183 of 243 Page 184 of 243 Page 185 of 243 Page 186 of 243 Page 187 of 243 Page 188 of 243 PRF Public Works Parking Project Final Audit Report 2025-06-27 Created:2025-06-27 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAxkJvb0GMNEfRpMxaU9-3vTuvZBew6n-K "PRF Public Works Parking Project" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-06-27 - 3:03:05 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-06-27 - 3:03:30 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-06-27 - 3:14:48 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-06-27 - 3:20:19 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-06-27 - 3:20:21 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-06-27 - 4:19:04 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-06-27 - 4:19:35 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-06-27 - 4:19:37 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-06-27 - 5:01:07 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-06-27 - 9:06:04 PM GMT - Time Source: server Agreement completed. 2025-06-27 - 9:06:04 PM GMT Page 189 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1720 FROM: Jack Burrell, Council President SUBJECT: Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. AGENDA DATE: RECOMMENDED ACTION: That the City Council hereby authorizes Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. BACKGROUND INFORMATION: July 28, 2025, Work Session: • BUDGET IMPACT/FUNDING SOURCE: Account No.Account Title Current Budget Cost Available Budget GRANT: Page 190 of 243 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 191 of 243 RESOLUTION NO. ______ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby authorizes Mayor Sherry Sullivan to have City Staff assist with the Bicycle Racks at the Eastern Shore Art Center as presented in the Work Session on July 28, 2025 which includes pouring concrete pads and installing the racks. Adopted on this 11th day of August, 2025 ___________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 192 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1707 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to approve the award of the Request for Quotes for Labor and Materials to Construct a New 24' x 50' Covered Batting Cage at Founders Park. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for Labor and Materials to Construct a New 24' x 50' Covered Batting Cage at Founders Park to TEC Construction for a not-to- exceed project cost of $34,072.00. Authorize Treasurer to transfer $34,072.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting approval for the procurement of labor and materials to approve the award of the Request for Quotes for Labor and Materials to Construct a New 24' x 50' Covered Batting Cage at Founders Park. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from TEC Construction. The Director of Parks and Recreation requests approval to award the Request for TEC Construction for the not-to-exceed cost of Thirty-Four Thousand Seventy-Two Dollars ($34,072.00). This project (“a New 24’ x 50’ Covered Batting Cage at Founders Park for a not-to- exceed project cost of $34,072.00”) shall be paid from the Impact Fess Account and meets the criteria for use of these funds for "Parks and Recreation" which is a Benefit Area for (i) the acquisition of new public parks lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the "Impact Fee Study" prepared by TischlerBise. Page 193 of 243 Previous Actions: Resolution No. 5205-24 adopted Ordinance No. 1625 on September 30, 2024, to establish Impact Fees on new development in the City of Fairhope. Founders Park Playground Equipment project was included in Resolution No. 5205-24 in the amount of $45,000.00. The Covered Batting Cage will replace this previously approved project. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475 Recreation - Capital Improvements $45,000.00 $34,072.00 $10,928.00 Authorize Treasurer to transfer $34,072.00 of the $45,000.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 194 of 243 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials to Construct a New 24’ x 50’ Covered Batting Cage at Founders Park to TEC Construction for a not-to-exceed project cost of $34,072.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally let out for bid; and authorizes the Treasurer to transfer $34,072.00 from Founders Park Playground Equipment project previously approved to be funded by Impact Fees by Resolution No. 5205-24, adopted September 30, 2024. [2] This project (“a New 24’ x 50’ Covered Batting Cage at Founders Park for a not- to-exceed project cost of $34,072.00”) shall be paid from the Impact Fess Account and meets the criteria for use of these funds for "Parks and Recreation" which is a Benefit Area for (i) the acquisition of new public parks lands, (ii) the construction, development and/or improvement of public recreational facilities, (iii) the construction, development and/or improvement of public park amenities, (iv) the acquisition of new park vehicles, and (v) the parks and recreation component of the "Impact Fee Study" prepared by TischlerBise. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 195 of 243 Page 196 of 243 Page 197 of 243 Page 198 of 243 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor Greater than: Gen Govt - $5,001 NON Required Required N/A N/A N/A N/A Required Required 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. TEC Construction Ron Bishop Construction G.A.F. Companies Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) 1. What item or service do you need to purchase? Construction of a 24x50 covered batting cage 2. What is the total cost of the item or service? $34,072.00 3. How many do you need? Click or tap here to enter text. 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): TEC Construction 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $45,000.00 3. Budget code: 1250 / 50475 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 199 of 243 Page 200 of 243 Page 201 of 243 RESOLUTION NO. 5205-24 WHEREAS , the City of Fa irh ope ado pted Ordinance No. 1625 , An Ordin ance re pea ling and replaci ng Ordinance No . 1331 to esta bli sh Imp act Fees on new deve lo pm ent in th e City of Fa irho pe on October 13 , 2018 in accordance with Act No. 2006-300 enac ted by th e Leg islatu re of A la bama on April 4, 2006 ; and WHEREAS , th e City des ires to use funds for "Po lice" whi ch is a Benefit Area for (i) th e cost recovery of the C ity's cost and ex pe nse related to the con struct ion , development and improvement of its justice center, (ii) the cost reco very of the City's cos t and expense re lated to the construction , development and imp rovemen t of its ani mal shelter, (iii) the acquisition of police veh icl es , an d (iv) th e acquisition of poli ce-re lated apparatus and eq uip ment , and (v) the police co mpon en t of th e "Impac t Fee Stu dy" prepared by Tisc hl erB ise ; and WHEREAS, the City des ires to use funds for "Fi re" which is a Benefit Area for (i) the constructio n, development and/or im pro ve ment of fir e stations , (ii) the acq ui sition of fire fig htin g ve hicl es , an d (iii) the acq uis ition of firefighting apparatu s, and (iv) the fire co mpon ent of the "Imp act Fee Stud y" prepare d by TischlerBise ; and WHEREAS, the City des ires to use funds for "Transportation " whic h is a Benefit Area for the cost of intersection improvemen ts made to addr ess additio na l demand ge nerated by New Develo pment and the tra nspo rtat ion component of the "Imp ac t Fee Stud y" prepared by Tisch lerBi se ; and WHEREAS, the C ity des ires to use funds for "Parks and R ecreation" whi ch is a B enefit Area for (i) the acqui sition of new public park s land s, (ii) the construction , deve lopm ent and/or improvement of publi c recreational faci liti es , (iii) the co nstruc tion , develo pm ent and/o r impro veme nt of public park ameni ti es , (iv) the acquis itio n of new park vehicles , an d (v) th e parks and recreation co mp one nt of th e "I mp act Fee Study" prepared by TischlerBise ; and WHEREAS , th e following proj ect shall be pai d fro m the Imp act Fees Acco unt and have met the crite ri a state d to be paid from said Acco unt: POLICE FIRE TRANS-PARKS AND PORTATION RECREATION FY2025 BUDGET PROJECTS 1 New Police vehicle with equipment $37 ,000.00 Drone $7,000 .00 Speed Scout Trailer $8 ,500 .00 2025 W-Onw HR 100 Aerial Ladder Truck 1,350,0 00 .00 Drainag e $51 ,500.00 FY2025 Resurfacing $198 ,500.00 New Pla y ground equipment at new $35 ,000.00 baseball field Volanta Park New playground equipment at Founders $45 ,000.00 Park Open-air pavilion /s torm shelter at $46 ,750 Fairhope Soccer Comolex Shade structures over bleacher seating at $170 ,000 .00 Volanta Park Additional pla yg round equipment at $75 ,000 .00 Rotary Youth New Tennis and Pickleball Courts $200 ,000 .00 New Tennis and Pickleball Court lights $245 ,000 .00 Impact Fees for FY 2025 $52,500.00 $1,350,000.00 $250,000.00 $8 16 ,7 50.00 Page 202 of 243 Resolution No. 5205-24 Page -2- NOW BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council hereby auth orizes Mayor Sherry Sullivan to expend Imp act Fees for the above projects as designated from the Imp act Fee Account for services for the "Police", "F ire", "Transportation", and "Parks and Recreation" Benefit Areas. DULY ADOPTED THIS 30TH DAY Corey Martin, Council President Attest: ~foL: City Clerk Page 203 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1710 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting to approve the award of the Request for Quotes for Labor and Materials for the Willow Bridge Street Sewer Tie-In. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for labor and materials for the Willow Bridge Street Sewer Tie-In Project to Ball Con for the low bid not-to-exceed cost of $36,900.00. Authorize Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater Repairs and Maintenance to Wastewater System Improvements- Collections. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting approval for the procurement of labor and materials for the award of the Request for Quotes for the Willow Bridge Street Sewer Tie-In Project. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. One quote was received from Ball Con and two no-quotes from other contractors. The Superintendent of Water/Wastewater requests approval to award the Request for Quote to Ball Con for the not-to-exceed cost of Thirty-Six Thousand Nine Hundred Dollars ($36,900.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004020- 59500 Wastewater - System Improvements/Collection $0.00 $36,900.00 ($36,900.00) 004020- 50366 Wastewater - Maintenance Collection System $36,900.00 $0.00 $36,900.00 Page 204 of 243 Authorize Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater - Maintenance/Collection System to Waste Water System Improvements-Collections. 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 243 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for Willow Bridge Street Sewer Tie-In to Ball Con for a not-to-exceed project cost of $36,900.00. This Public Works project will be less than $100,000.00 and therefore does not need to be formally bid out. Authorize Treasurer to transfer $36,900.00 in FY25 Budget from Wastewater Repairs and Maintenance to Wastewater System Improvements-Collections. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 206 of 243 Page 207 of 243 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A Utilities $5,001-$10,000 Operational -Budgeted Three Treasurer/Mayor Greater than: Gen Govt - $5,001 NON Required Required N/A N/A N/A N/A Required Required 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. A-Long Boring Check any applicable boxes: ☐ State Contract ☐ ALDOT ☐ Purchasing Group ☐ Sole Source (Attach Sole Source Justification) 1. What item or service do you need to purchase? Willow Bridge Street Sewer tie-in 2. What is the total cost of the item or service? $36,900.00 3. How many do you need? 1 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Ball Con 6. Vendor Number: 7. If you do not have a Vendor Number, please go to the City of Fairhope page: www.FairhopeAL.gov, Departments, Purchasing, Vendor Registration, and complete the required information. 1. Is it budgeted? ☒ Yes ☐ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? $200,000.00 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 208 of 243 From:Mike Davis To:Clint Steadham Subject:FW: Polo Ridge Date:Friday, July 18, 2025 10:56:01 AM From: alongboringinc@bellsouth.net <alongboringinc@bellsouth.net> Sent: Friday, July 18, 2025 9:06 AM To: Mike Davis <michael.davis@fairhopeal.gov> Subject: Polo Ridge Mike, We appreciate the chance to bid the job at the entrance at Polo Ridge, but due to our current work load, we are unable to get to this project at this time. We hope you keep us in mind for future projects. Thanks, Scot WilliamsA-Long Boring, IncPO Box 1926Fairhope, AL 3653 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ CGBANNERINDICATOR Mike, We appreciate the chance to bid the job at the entrance at Polo Ridge, but due to our current work load, we are unable to get to this project at this time. We hope you keep us in mind for future projects. Thanks, Scot Williams A-Long Boring, Inc PO Box 1926 Fairhope, AL 36533 Cell 251-422-0488 alongboringinc@bellsouth.net Page 209 of 243 Page 210 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1709 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of professional services for RFQ PS25-033 to provide Professional Hydrogeological Services for an annual contract for the Water/Wastewater Department for four pilot bores/test wells and follow-up work at Well #4 Deep. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To approve negotiated not-to-exceed amount of $41,274.00 for RFQ PS25-033 Professional Hydrogeological Services for an annual contract for four pilot bores/test wells and follow-up work at Well #4 Deep and allow the Mayor to execute a contract with O’Donnell & Associates, Inc. BACKGROUND INFORMATION: The Superintendent of Water/Wastewater, Daryl Morefield, is requesting the hiring of professional services for RFQ PS25-033 Professional Hydrogeological Services for an annual contract for four pilot bores/test wells and follow-up work at Well #4 Deep. The work to be performed is for professional consulting services associated with the project, which will include the following: Each site’s work includes geologically logging the pilot bores to the proposed depths (required for public supply wells), evaluating the e-logs and providing screen recommendations (if warranted), well construction oversight (1-3 days) and pumping test evaluation. All information gained can be incorporated into the source water assessment documents. #1 Barnwell #2 Well #4 Deep or Dyer Road Test #3 Nichols Street Tank #4 CR 32 & CR 13 #5 Possible developing sites north of 104 The Mayor and the Superintendent of Water and Wastewater Department would like to establish a not-to-exceed amount for Professional Services of Forty-One Thousand Two Hundred Seventy-Four Dollars ($41,274.00). Page 211 of 243 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 50290 Water - Professional Services $41,274.00 $41,274.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 212 of 243 RESOLUTION NO. ________ as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute Contract with O’Donnell & Associates, Inc. for Professional Hydrogeological Services (RFQ PS25-033) with a not-to-exceed amount of $41,274.00. ADOPTED ON THIS 28TH DAY OF JULY, 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 213 of 243 Page 214 of 243 Page 215 of 243 Page 216 of 243 Page 217 of 243 Page 218 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1641 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Superintendent of Electric Department, Ben Patterson, has requested to procure a qualified contractor to conduct an inventory of attachments by joint-users to the City's Electric System, attachments of the City's Electric System to others, and an inventory of the City's Electric System with phasing diagrams. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To rescind Resolution No. 5433-25 awarding Bid No. 25-022 Joint Use Attachment Inventory for City of Fairhope Electric Department to Pike Engineering, LLC. and authorize the re-bid of this purchase. BACKGROUND INFORMATION: The Superintendent of Electric Department has requested to procure a qualified contractor to conduct an inventory of attachments by joint-users to the City's Electric System, attachments of the City's Electric System to others, and an inventory of the City's Electric System with phasing diagrams. This contract was unsuccessfully bid twice before. Each of the previous bids received one (1) bid submittal that was rejected for being too high of cost pursuant to Code of Alabama 1975, Section 41-16-57(d). A service bid was issued on February 19, 2025 as an informal bid. Two (2) responsive bids were received at the bid opening on March 13, 2025 at 2:00 p.m. The contract was issued to the awarded vendor. Before signature, an irregularity was discovered in their bid that altered a mandatory requirement of the contract. The next lowest bidder submitted a similar irregularity. The Superintendent of Electric Department is requesting to rescind the award and approval to re-bid the contract. Previous Actions: Resolution No. 5433-25 to approve award to Pike Engineering, LLC. with a total bid proposal not-to-exceed $135,050.00. Page 219 of 243 Resolution No. 5169-24 To Reject All Bids for Bid No. 25-054 and Authorize the Re-Bid under Code of Alabama 1975, Section 41-16-57(d). Resolution No. 5296-24 To Reject All Bids for Bid No. 25-001 under Code of Alabama 1975, Section 41-16-57(d). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 003-50290 Electric - Professional Services TBD TBD TBD GRANT: N/A LEGAL IMPACT: City Attorney reviewed options and agreed that award must be rescinded. 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 220 of 243 RESOLUTION NO. ________ , as follows: [1] To rescind Resolution No. 5433-25 awarding Bid No. 25-022 Joint Use Attachment Inventory for City of Fairhope Electric Department; and to authorize the re-bid of this purchase order under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 221 of 243 RESOLUTION NO. 5433-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows : [1] That the City of Fairhope did request , receive , and open bids for Joint Use Attachment Inventory (Bid Number 25-022) for the Electric Department. [2] At the appointed time and place , the following bids were opened and tabulated as follows: Pike Engineering , LLC The Fishel Company d/b /a Team Fishel $135,050.00 $151 ,216.00 [3] After evaluating the bid proposals with the required bid specifications , Pike Engineering , LLC is now awarded the bid for Joint Use Attachment Inventory (Bid Number 25-022) for the Electric Department with a total bid proposal not-to-exceed $135 ,050.00. Adopted on this 29th day of April , 2025 Attest: ~lldL ISaA.nks, MMC City Clerk Page 222 of 243 Page 223 of 243 RESOLUTION N O. 5169-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council to reject all bids (Bid No. 24-054) to Procure Services for Joint Use Attachment Inventory for the Electric Department; and authorize the re-bid the annual contract under Code of Alabama 1975, Section 41-16-(d). ADOPTED ON THIS 26TH D Corey Martin , Council President Attest: ~di~ City Clerk Page 224 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1711 FROM: Ben Patterson, ELECTRIC SUPERINTENDENT SUBJECT: The Superintendent of Electric Department, Ben Patterson, is requesting the procurement of the engine replacement for Bucket Truck No. 1038. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To approve the procurement of the engine replacement for Bucket Truck No. 1038 from Lazzari Truck Repair, Inc. for the estimated cost of $33,123.01 and authorize the Treasurer to a budget transfer of $30,000.00 from Maintenance-Plant. BACKGROUND INFORMATION: The Superintendent of Electric Department, Ben Patterson, is requesting the procurement of the engine replacement for Bucket Truck No. 1038. The service was sent to three (3) qualified companies. Lazzari Truck Repair, Inc. provided the low bid price of Thirty-Three Thousand One Hundred Twenty-Three Dollars and One Cent ($33,123.01). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 003-50440 Electric - Vehicle & Equip Repair $9,130.95 $33,123.01 ($23,992.06) 003-50365 Maintenance-Plant $30,000.00 $30,000.00 Authorize the Treasurer to a budget transfer of $30,000.00 from Maintenance -Plant. GRANT: N/A LEGAL IMPACT: N/A Page 225 of 243 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 226 of 243 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the replacement of the engine in Bucket Truck 1038 for the Electric Department for the estimated cost of $33,123.01 from Lazzari Truck Repair, Inc.; and authorize the Treasurer to make a budget transfer of $30,000.00 from Maintenance-Plant. DULY ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 227 of 243 Page 228 of 243 Page 229 of 243 Page 230 of 243 PUR-004 - 082522 CITY OF FAIRHOPE PURCHASING DEPARTMENT PURCHASING REQUEST FORM Name: Ben Patterson Date: 7-31-2025 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 am ount is within $10,000 of the listed threshold, Purchasing/Treasurer may require a formal bid due to potential materials cost incre ases. QUOTES Vendor Name Vendor Quote 1. Lazzari $ 33123.01 2. Ward $ 39212.73 3. Empire $ No Quote 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? New engine in bucket truck 1038 2. What is the total cost of the item or service? 33123.01 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Lazzari 6. Vendor Number: Click or tap here to enter text. If you do not have a Vendor Number, please go to the City of Fairhope page: http://www.fairhopeal.gov/ 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? Equipment maintenance/repair 3. Budget code: 50440 Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 231 of 243 Page 232 of 243 Page 233 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1713 FROM: Chris Ellis, Fire Chief SUBJECT: Fire Chief Chris Ellis and Fire Maintenance Supervisor, John Saraceno, is requesting to hire a qualified contractor to perform the Fire Extinguisher Inspection Service Annual Contract. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To reject all bids received with the original Bid No. 25-055 Fire Extinguisher Inspection Services Annual Contract due to receiving two (2) bids that were of excessive pricing and authorize the re-bid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). BACKGROUND INFORMATION: A service bid was issued on July 7, 2025, posted to the City of Fairhope's website, and advertised inGulf Coast Media newspaper. Two (2) responsive bids were received at the bid opening on July 31, 2025 at 2:00 p.m. The recommendation by the Fire Chief and Fire Maintenance Supervisor is to reject all bids due to excessive pricing, and authorize the re-bid of the contract under Code of Alabama 1975, Section 41-16-57(d). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: Page 234 of 243 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 235 of 243 RESOLUTION NO. ________ [1] That the City Council to reject all bids (Bid No. 25-055) to procure a Fire Extinguisher Inspection Services Annual Contract; and authorize the re-bid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 236 of 243 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1708 FROM: Jeff Montgomery SUBJECT: The Director of Information Technologies, Jeff Montgomery, is requesting that the Mayor be authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. AGENDA DATE: August 11, 2025 RECOMMENDED ACTION: To authorize the Mayor to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. BACKGROUND INFORMATION: The Director of Information Technologies, Jeff Montgomery, is requesting that the Mayor be authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. This system has been replaced by software implemented by the State of Alabama. Previous Action: Resolution No. 3092-18 on May 29, 2018 voted to procure the Municipal Court Module to the City's MUNIS System from Tyler Technologies for the Municipal Court ("Incode"). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget GRANT: N/A LEGAL IMPACT: N/A Page 237 of 243 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 238 of 243 RESOLUTION NO. ________ [1] That Mayor Sherry Sullivan is hereby authorized to execute the Discontinuance of Service with Tyler Technologies for the Incode Court Online Component for the Municipal Court Magistrates. ADOPTED ON THIS 11TH DAY OF AUGUST, 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 239 of 243 From:Accounts.Receivable To:Rex, Paul Subject:Form Needed to Discontinue Services for FAIRHOPE, AL CITY OF 47908 - Please sign and return Date:Tuesday, July 22, 2025 8:36:42 PM Attachments:sgimage0.png July 22, 2025 PLEASE PRINT THIS PAGE - SIGN & REPLY TO THIS E-MAIL Discontinuance of Recurring Services Acknowledgement Document- FAIRHOPE, AL CITY OF 47908 Client requests NOT to receive the recurring services, as defined in the applicable agreement with Tyler, set forth below (the “Cancelled Services”): Online Record Search Effective Date 7/31/2025 Client understands that it is losing the rights and benefits, and accepting the consequences, summarized below: Any Tyler obligations relating to the Cancelled Services, as set forth in the applicable agreement with Tyler, will no longer apply; Client may request that Tyler provide services equivalent to the Cancelled Services, and if Tyler agrees to provide those services, they will be provided on a time and materials basis at Tyler’s then-current rates; If Client decides to reinstate Cancelled Services, Client will be required to repurchase those services at Tyler’s then-current rates. Tyler is dedicated to providing superior customer service to all our clients. In order to improve our processes, we ask that you provide a reason for your discontinuance of maintenance and support on the Cancelled Services by selecting one of the following: ___Don’t use ___Dissatisfied with product ___Dissatisfied with service ___Our decision is related to cost ___Other: __________________ _________________________________ Client Name Page 240 of 243 _________________________________ Authorized Signature _________________________________ Printed Name & Title _________________________________ Date PLEASE PRINT THIS PAGE - SIGN & REPLY TO THIS E-MAIL Page 241 of 243 Discontinuance of Service: Prepared July 23, 2025 Fairhope, AL c# 47908 Client requests NOT to participate in Annual Software Service on the following applications: • Incode Court Online Component o Service Period Last Invoiced: 8.1.25-7.31.26 Inv: 025-514580 o Effective Date 7.31.25 Client understands that per the T & C of their contract (31897) a 60-day written notice is required to cancel online components. The 60-day written notice takes effect upon the signature date below. Tyler has agreed to terminate this portion of the contract in accordance with the 60-day notice term. All outstanding invoices, including services through such date will need to be paid in full. Client understands they are still liable for the per transaction fees through the cancellation date. Invoices for these fees will be generated in the future, at the end of the quarter. The undersigned agrees to the option selected above. _________________________________ Client Name _________________________________ Authorized Signature _________________________________ Printed Name & Title _________________________________ Date Please return this form via email to: Liegh.puana@Tylertech.com Page 242 of 243 Page 243 of 243