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09-22-2025 City Council Agenda Packet
CITY OF FAIRHOPE CITY COUNCIL REGULAR AGENDA Monday, September 22, 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 September 8, 2025, Regular City Council Meeting and minutes of the September 8, 2025, Work Session. 2. Report of the Mayor ▪ 2025-2026 Fairhope Junior City Council 3. Public Participation – Agenda Items – (3 minutes maximum) 4. Council Comments 5. Final Adoption — Ordinance — An Ordinance to repeal Ordinance No. 1646, and Codified as Chapter 7, Article X, of the Fairhope Code of Ordinances: and Dissolve the City of Fairhope Building Code Board of Appeals. (Introduced at the September 8, 2025 City Council Meeting) 6. Final Adoption — Ordinance — An Ordinance concerning Unsafe Structures and Dangerous Buildings; and the Code of Ordinances of Fairhope are hereby amended to repeal Article V, Sections 7-86 through 7-110 in its entirety and replace them with a new Article V, Sections 7-86 through 7-103. (Introduced at the September 8, 2025 City Council Meeting) 7. Ordinance — An Ordinance to Repeal and Replace Ordinance No. 1586, Ordinance No. 1599, and Ordinance No. 1804: The Schedule of Fees for Construction and Building Permits. 8. Ordinance — An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. 9. Ordinance — An Ordinance to Levy a Local Excise Tax and Require Business Licenses for the Sale of Consumable Vapor Products in the Corporate Limits and the Police Jurisdiction of the City of Fairhope. 10. Resolution — That the City Council approves the selection by Mayor Sherry Sullivan for Mark B. Hammond, Architect, for Professional Architectural & Engineering Services for a 3rd Peer Review of Design by Adams & Stewart for 2022-PWI 004 HMGP Saferoom; and hereby authorizes Mayor Sullivan to negotiate the not-to- exceed fee to be approved by Council. 11. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (RFQ PS25-007) Professional Consulting Services for 3rd Party Review of Construction Documents with International Code Council Inc. and increase the annual cost not-to-exceed $35,000.00. Page 1 of 253 City Council Regular Meeting 12. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor for the rebuilding of the two finger piers at the Municipal Pier to Stewart Marine & Construction, LLC for a not-to-exceed cost of $19,300.00 plus $2,000.00 contingency for unforeseen issues. 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 $19,300.00 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). 13. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Materials for the rebuilding of the two finger piers at the Municipal Pier to O’Neal Steel Company for a not-to-exceed cost of $4,948.42 plus $1,000.00 contingency for unforeseen issues with the design. 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 $4,948.42 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). 14. Resolution - That the City of Fairhope approves the procurement of galvanizing services for materials for the rebuilding of the two finger piers at the Municipal Pier to AZZ Galvanizing - Moss Point for $0.53 per pound, for an estimated cost of $3,000.00. 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 $3,000.00 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). 15. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for unforeseen conditions for the repair of a Travis Walking Floor Trailer for the Sanitation Department with Gulf City Body and Trailer Works, Inc. for a cost of $10,477.50. The new total repair cost will be $40,436.00. 16. Resolution - To award (Bid No. 25-034) to Layne, A Granite Company for Well No. 5 Inspection, Cleaning and Pump Refurbishment with a bid proposal not-to-exceed $300,000.00. 17. Resolution - That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for the 8" Water Main at Portico Simpson with W.R. Mitchell Contractor, Inc. for a cost of $20,500.00. The new total project cost will be $81,870.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 18. Resolution - That the City of Fairhope has voted to approve the procurement of the installation of new CAT6 cabling throughout the Public Utilities Building from Network Cabling Services, Inc; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15) "Contractual services and purchases related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures." The cost will not-to-exceed $76,150.00. Page 2 of 253 City Council Regular Meeting 19. Resolution - That the City of Fairhope has voted to approve Avive Connect AED™ and related software systems as a sole source with Avive Solutions, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(13). The cost for 30 Avive Connect AEDs™ plus software is not- to-exceed $86,945.72. The City of Fairhope also authorizes the use of funds from the McKesson Alabama Settlement Agreement. This purchase constitutes a public purchase and the City can further safeguard the safety of its staff and residents for eight-plus years with 30 rechargeable AEDs strategically placed in City buildings and vehicles. 20. Resolution - That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Open Air Pavilion Storm Shelter at Fairhope Soccer Complex to M.H. McLaughlin, LLC for a not-to-exceed project cost of $45,711.18. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. 21. Resolution - That the City of Fairhope approves the award of the Request for Quotes for EMT services during City special events to Medstar d/b/a Lifeguard Ambulance Service, LLC for a not-to exceed cost of $100.00 per hour. 22. Resolution — That The City of Fairhope adopts a Resolution in Support of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. 23. Resolution – To authorize submission of Pre-Application for FY2026 Airport Improvement Program and Airport Infrastructure Grant Projects for H.L. “Sonny” Callahan Airport (KCQF). 24. Request - Darnelle Wolf (Baldwin County Humane Society), requesting permission to close streets in downtown Fairhope on Thursday, October 30, 2025, from 5:00 p.m. to 7:00 p.m. for the Fairhope Witches Ride 2025. The ride will begin at Coastal Alabama Community College Amphitheater. This whimsical bike ride benefits local animal rescue and helps animals throughout our area. 25. Request - Friends of the Halstead, Inc. Street Closure on School Street between Morphy Avenue and Fairhope Avenue for Live at Five for Concert at Halstead Amphitheater for bus and truck parking on October 24, 2025. 26. Appointment/ReAppointment - Fairhope Historic Preservation Commission 27. Public Participation – (3 minutes maximum) 28. Executive Session — To discuss pending and potential litigation. 29. Adjourn Page 3 of 253 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, October 13, 2025, 6:00 p.m. or immediately following the Work Session. Fairhope Municipal Complex City Council Chambers 161 North Section Street Fairhope, AL 36532 Page 4 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1093 FROM: Lisa Hanks, CITY CLERK SUBJECT: Approve minutes of the September 8, 2025, Regular City Council Meeting and minutes of the September 8, 2025, Work Session. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: • September 8, 2025, Regular City Council Meeting Minutes • September 8, 2025, Work Session Minutes 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 Page 5 of 253 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, 8 September 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. There being a quorum present, Council President Burrell called the meeting to order at 6:06 p.m. The invocation was given by Pastor Betty Massey of Fairhope Christian Church and the Pledge of Allegiance was recited. Councilmember Robinson moved to approve minutes of the 25 August 2025, regular meeting, minutes of the 25 August 2025, work session; and minutes of the 29 August 2029, special-called City Council meeting. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Mayor Sullivan addressed the City Council regarding the following items: 1) September 20, 2025 is Coastal Cleanup; 2) Proclamation proclaiming September 17, 2025 through September 23, 2025 as Constitution Week; 3) Proclamation proclaiming September as Suicide Prevention Month; and 4) Amy Childress addressed the City Council regarding her son, Garrison Childress, who committed suicide in January 2023 and mentioned the Edward Garrison Childress Foundation. She announced on October 12, 2025 the “Out of the Darkness Walk” that will be held in Daphne. Councilmember Conyers reminded everyone that Thursday was the anniversary of the September 11th attack on the “Twin Towers.” Council President Burrell mentioned the Airport Authority meeting on Tuesday and the Industrial Development Board meeting on Wednesday. Councilmember Robinson moved for final adoption of Ordinance No. 1838, an ordinance to provide for Rules and Regulations for the Flying Creek Nature Preserve Park. (Introduced at the August 25, 2025 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Page 6 of 253 8 September 2025 Councilmember Martin moved for final adoption of Ordinance No. 1839, an ordinance to repeal and replace Ordinance No. 419 - Camping in Parks. (Introduced at the August 25, 2025 City Council Meeting) Seconded by Councilmember Conyers, motion for final adoption passed by the following voice votes: AYE – Burrell, Martin, Conyers, Robinson, and Boone. NAY - None. Councilmember Martin introduced in writing an ordinance to repeal Ordinance No. 1646, and Codified as Chapter 7, Article X, of the Fairhope Code of Ordinances: and Dissolve the City of Fairhope Building Code Board of Appeals. Due to lack of a motion for immediate consideration, this ordinance will layover until the City Council meeting. Councilmember Martin introduced in writing an ordinance concerning Unsafe Structures and Dangerous Buildings; and the Code of Ordinances of Fairhope are hereby amended to repeal Article V, Sections 7-86 through 7-110 in its entirety and replace them with a new Article V, Sections 7-86 through 7-103. Due to lack of a motion for immediate consideration, this ordinance will layover until the City Council meeting. Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to adopt a Transportation Plan pursuant to the Rebuild Alabama Act for FY2026. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5547-25 Adopting Transportation Plan Pursuant to the Rebuild Alabama Act WHEREAS, the Alabama legislature in Act. No. 2019-2 adopted the Rebuild Alabama Act; WHEREAS, the Rebuild Alabama Act provides for an allocation among the municipalities of the state on the basis of the ratio of population of each municipality to the total population of all municipalities of the state a portion of the additional taxes levied under the Act to be used for transportation infrastructure, improvement, preservation, and maintenance; WHEREAS, the Act provides that the municipal governing body of the City of Fairhope, Alabama, shall adopt an annual Transportation Plan, no later than August 31, which shall provide a detailed list of projects for which expenditures are intended to be made in the next fiscal year and shall be based upon an estimate of the revenues anticipated from the fund in which the additional revenue is deposited during the next fiscal year; and Page 7 of 253 8 September 2025 WHEREAS, the Act further provides that any such funds shall be used only for the maintenance, improvement, replacement, and construction of roads and bridges maintained by the City of Fairhope, Alabama, and such other uses as are defined in the Act. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF FAIRHOPE, ALABAMA, as follows: 1. The City Council of Fairhope, Alabama, hereby passes this Resolution as its Transportation Plan submitted in compliance with the Rebuild Act, Act No. 2019-2. 2. Pursuant to the Act, the City Council of Fairhope, Alabama, estimates that its anticipated allocation from the Rebuild Alabama Act fund for fiscal year 2026 will be approximately $190,000.00, with increasing allocations for each fiscal year thereafter. 3. Pursuant to the Act, the City anticipates expending funds received pursuant to the Act, in part or in whole, to fund any of the following numbered 1 through 31 City Road maintenance, improvement, replacement, and/or construction projects as shown on the City of Fairhope FY 2026 Transportation Plan with the addition of Northrop Street. 4. The Total Estimate of Improvements for the Qualifying Roads in the City of Fairhope FY 2026 Transportation Plan is approximately $2,219,670.00 well in excess of the FY2026 Rebuild Alabama Act fund allocation. DULY ADOPTED THIS 8TH DAY OF SEPTEMBER, 2025 _______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution to award (Bid No. 25-047) to Tetra Tech, Inc. for Disaster Debris Removal Monitoring Services 2025. The cost of this contract will be determined if it is activated at the time of a disaster. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. Page 8 of 253 8 September 2025 RESOLUTION NO. 5548-25 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. 25-047) Disaster Debris Removal Monitoring Services 2025 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 Disaster Debris Removal Monitoirng Services 2025 for the Public Works Department [3] After evaluating the bid proposals with the required bid specifications, Tetra Tech, Inc. is now awarded (Bid No. 25-047) for Disaster Debris Removal Monitoring Services 2025 for the City of Fairhope Public Works Department. The cost of contract will be determined if it is activated at the time of a disaster. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk * * Page 9 of 253 8 September 2025 Page 10 of 253 8 September 2025 Councilmember Robinson introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves Change Order No. 1 for Bid No. 2023WWF-034 for the Working Waterfront and Greenspace Project with Rolin Construction, Inc. to incorporate an integrated ADA-compliant switchback ramp and remove the original funicular and multiple stair systems along the bluff. There is a zero cost difference for this change. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5549-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves Change Order No. 1 for Bid No. 2023WWF- 034 for the Working Waterfront and Greenspace Project with Rolin Construction, Inc. to incorporate an integrated ADA-compliant switchback ramp and remove the original funicular and multiple stair systems along the bluff. There is a zero cost difference for this change. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 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 the City of Fairhope approves the procurement of Professional Services from Artist, Scardamalia Builders, LLC for custom -made park tables and benches for the Flying Creek Nature Preserve for a cost not-to-exceed $19,500.00. The City of Fairhope approves the pre-payment of $9,750.00 upon acceptance of the proposal. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 11 of 253 8 September 2025 RESOLUTION NO. 5550-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the procurement of Professional Services from Artist, Scardamalia Builders, LLC for custom-made park tables and benches for the Flying Creek Nature Preserve for a cost not-to-exceed $19,500.00. The City of Fairhope approves the pre-payment of $9,750.00 upon acceptance of the proposal. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 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 to award (Bid No. 25-053) to Bliss Products and Services, Inc. for Community Park Swings with a bid proposal not-to-exceed $50,216.20. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. * * * * Page 12 of 253 8 September 2025 RESOLUTION NO. 5551-25 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. 25-053) Community Park Swings for the City of Fairhope Recreation Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Bliss Products and Services, Inc. $50,216.20 Florida Recreational Products, LLC $54,893.00 Giffen Recreation, Inc. $51,456.52 Great Southern Recreation $62,088.00 [3] After evaluating the bid proposals with the required bid specifications, Bliss Products and Services, Inc. is now awarded (Bid No. 25-053) for Community Park Swings for the City of Fairhope Recreation Department with a bid proposal not-to- exceed $50,216.20. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the procurement of Nemesia Nesia, Pansies, and other winter flowers for FY2026 for the Landscaping Department to Billy Harris & Associates, Inc. with a cost of $14,504.54 plus shipping costs. The cost will be included in the FY2026 Budget. Procurement is in agreement as allowed pursuant to Resolution No. 1650-10 adopted May 24, 2010 with designated "Like Item" Flora exceeding the $30,000.00 state bid limit. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 13 of 253 8 September 2025 RESOLUTION NO. 5552-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City of Fairhope approves the procurement of Nemesia Nesia, Pansies, and other winter flowers for FY2026 for the Landscaping Department to Billy Harris & Associates, Inc. with a cost of $14,504.54 plus shipping costs. The cost will be included in the FY2026 Budget. Procurement is in agreement as allowed pursuant to Resolution No. 1650-10 adopted May 24, 2010 with designated “Like Item” Flora exceeding the $30,000.00 state bid limit. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 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 rejects all bids (Bid No. 25-054) to procure an Emergency On-Call Contractor Services (Water/Wastewater Department) Annual Contract; and authorizes the rebid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5553-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council rejects all bids (Bid No. 25-054) to procure an Emergency On- Call Contractor Services (Water/Wastewater Department) Annual Contract; and authorizes the rebid of the annual contract under Code of Alabama 1975, Section 41-16-57(d). ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 2025 ____________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 14 of 253 8 September 2025 Council President Burrell announced that Agenda Item No. 16 had been pulled pending City Attorney McDowell contacting the Alabama League of Municipalities for clarification. Councilmember Conyers introduced in writing, and moved for the adoption of the following resolution, a resolution that the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Installation of Actuating Valves at multiple City wells to Morrow Water Technologies for a not-to-exceed project cost of $95,565.85. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Seconded by Councilmember Martin, motion passed unanimously by voice vote. RESOLUTION NO. 5554-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for Installation of Actuating Valves at multiple City wells to Morrow Water Technologies for a not-to-exceed project cost of $95,565.85. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Councilmember Martin introduced in writing, and moved for the adoption of the following resolution, a resolution that Mayor Sherry Sullivan is hereby authorized to execute a contract with Kevin Collier for Professional Consulting Services to provide Water/Wastewater Certification Training (RFQ PS25-034) for a not-to-exceed cost of $10,000.00. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Page 15 of 253 8 September 2025 RESOLUTION NO. 5555-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council is hereby authorized to execute a contract with Kevin Collier for Professional Consulting Services to provide Water/Wastewater Certification Training (RFQ PS25 -034) for a non-to-exceed cost of $10,000.00. DULY ADOPTED THIS 8TH DAY OF SEPTEMBER, 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 to award (Bid No. 25-042) to Van Horn Miller Enterprises, LLC. d/b/a Deep South Apparel for City Employee Uniform Shirts Annual Contract for an annual contract amount not-to-exceed $100,000.00. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5556-25 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 -042) City Employee Uniform Shirts Annual Contract for City of Fairhope employees. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Please see attached Bid Tabulation for City Employee Uniform Shirts Annual Contract [3] After evaluating the bid proposals with the required bid specifications, Van Horn Miller Enterprises, LLC d/b/a Deep South Apparel is now awarded (Bid No. 25 -042) for City Employee Uniform Shirts Annual Contract for City of Fairhope employees with an annual contract amount not - to-exceed $100,000.00. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 16 of 253 8 September 2025 Page 17 of 253 8 September 2025 Page 18 of 253 8 September 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. 2 for (Bid No. 016-18) Inmate Telephone Services with Global Tel*Link Corporation d/b/a ViaPath Technologies to follow the FCC Waiver Order issued on June 30, 2025. There is a zero cost difference for this change. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. RESOLUTION NO. 5557-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 2 for (Bid No. 016-18) Inmate Telephone Services with Global Tel*Link Corporation d/b/a ViaPath Technologies to follow the FCC Waiver Order issued on June 30, 2025. There is a zero cost difference for this change. ADOPTED ON THIS 8TH DAY OF SEPTEMBER, 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 approves to charge off Uncollectible Utility Accounts for Fiscal Year 2020 in the amount of $166,297.78. Seconded by Councilmember Robinson, motion passed unanimously by voice vote. RESOLUTION NO. 5558-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, That the City Council approves to charge off Uncollectible Utility Accounts for Fiscal Year 2020 in the amount of $166,297.78. DULY ADPOTED ON THIS 8TH DAY OF SEPTEMBER, 2025 ____________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa Hanks, MMC City Clerk Page 19 of 253 8 September 2025 Councilmember Conyers moved to grant the request of Erin Langley, Eastern Shore Repertory Theater requests approval to use Henry George Park from April 22, 2026 through May 4, 2026, for the "Theater on the Bluff" to present "Mary Poppins" for three performances on the bluff on April 29th through May 2nd. In addition, they request usage of the City's barricades and to have City employees assist in the setting up and removal of the barricades; and permission to have vehicles in the park for the setting up of staging, lighting, etc. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Councilmember Boone moved to reappoint Ryan Baker, Donna Cook, Bryan Flowers, Frank Lamia, and Anil Vira as members, David Martin as 1st Alternate, and Cathy Slagle as 2nd Alternate to the Board of Adjustments and Appeals for a three- year term which will expire September 2028. Seconded by Councilmember Martin, motion passed unanimously by voice vote. Council President Burrell commented that these should be staggered terms and letting citizens know their applications have been received. Councilmember Conyers moved to appoint E. Craig Mitchell and William “Mark” Valentine; and to reappoint Richard Johnson, Ric Lacey, Steve McClure, and Carl Wegener to the Industrial Development Board for a six-year term which will expire September 2031. Seconded by Councilmember Martin, motion passed unanimously by voice vote. The following individual spoke during Public Participation for Non-Agenda Items: 1) Sonja Smith, 304 Fly Creek Avenue – Fly Creek Retreat, addressed the City Council regarding the City Decal for the City Parks. Ms. Smith said she pays Fairhope Utilities through her rent; and was told she could not get a decal unless she showed where she paid utilities. Mayor Sullivan replied she would look into this issue for her. Council President Burrell told the City Council that they could do a waiver of the Ordinance for City residents in apartment complexes. Councilmember Boone moved to waive the Ordinance, regarding the City Decal for City Parks, for City residents who reside in apartment complexes. Seconded by Councilmember Martin, motion passed unanimously by voice vote. At the request of the City Attorney, Marcus E. McDowell, the City Council will rise from the meeting to go into Executive Session based on Alabama Code § 36- 25A-7(a)(3) to discuss pending and potential litigation; and § 36-25A-7(a)(7) to discuss preliminary negotiations involving matters of trade or commerce in which the entity is in competition with private individuals or entities or other governmental bodies in Alabama or other states or foreign nations, or to discuss matters or information defined or described in the Alabama Trade Secrets Act. Page 20 of 253 8 September 2025 The approximate time to be in Executive Session is 60 minutes. Councilmember Robinson moved to go into Executive Session. Seconded by Councilmember Conyers, motion passed unanimously by voice vote. Exited the dais at 6:46 p.m. Returned at 8:14 p.m. Councilmember Robinson 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 8:14 p.m. Jack Burrell, Council President ________________________________ Lisa A. Hanks, MMC City Clerk Page 21 of 253 STATE OF ALABAMA ) ( : COUNTY OF BALDWIN ) ( The City Council met in a Work Session at 4:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 8 September 2025. Present were Council President Jack Burrell, Councilmembers: Corey Martin, Jimmy Conyers, Jay Robinson, and Kevin Boone, Mayor Sherry Sullivan, City Attorney Marcus E. McDowell, and City Clerk Lisa A. Hanks. Council President Burrell called the meeting to order at 4:30 p.m. The following topics were discussed: • The first item on the Agenda was the Review FY2026 General Fund and Utilities Capital Equipment and Improvements by City Treasurer Kim Creech. She went over the General Fund Capital Equipment and Infrastructure. The City Council questioned vehicles, the ice machine at the Football Stadium, work boat for Fairhope Docks, warehouse roof replacement, correction center, Barnwell parking, and renovations of the greens at Quail Creek Golf Course. Ms. Creech answered questions as needed. • Building Official Erik Cortinas began the Discussion of Ordinance No. 1804, Code of Ordinances to Alter the Schedule of Fees for Construction and Building Permits. He mentioned that BMPs and that small fines will not prevent issues; and the harm has already happened. Councilmember Martin commented “let’s do it the right way.” Mr. Cortinas addressed the City Council regarding Agenda Items No. 7 and No. 8; and answered any questions if needed. • City Engineer Richard Johnson addressed the City Council regarding Agenda Items No.9, No. 11, and No. 12; and answered any questions if needed. • Public Works Director George Ladd addressed the City Council regarding Agenda Items No. 10 and No. 14; and answered any questions if needed. He thanked Recreation Director Pat White and his Leadership Team for cleaning the restrooms at the Flying Nature Preserve. • Recreation Director Pat White addressed the City Council regarding Agenda Item No. 13; and answered any questions if needed. • Utilities Engineer Noel Berry addressed the City Council regarding Agenda Items No. 15, No. 16, No. 17, and No. 18; and answered any questions if needed. Council President Burrell questioned the differences in the bids; and suggested this be pulled for more information. Mayor Sullivan said she would get with the Alabama League of Municipalities for something in writing for this bid and future bids. Page 22 of 253 Monday, 8 September 2025 Page -2- • Mayor Sherry Sullivan addressed the City Council regarding Agenda Items No. 19, No. 5, and No. 6; and answered any questions if needed. There being no further business to come before the City Council, the meeting was duly adjourned at 5:58 p.m. ______________________________ Jack Burrell, Council President _______________________________ Lisa A. Hanks, MMC City Clerk Page 23 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1094 FROM: Sherry Sullivan, MAYOR SUBJECT: Report of the Mayor AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: Mayor Sherry Sullivan to provide report and recognize the 2025-2026 Fairhope Junior City Council. 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 24 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1768 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: To repeal Ordinance No. 1646, and Codified as Chapter 7, Article X, of the Fairhope Code of Ordinances: and Dissolve the City of Fairhope Building Code Board of Appeals. (Introduced at the September 8, 2025 City Council Meeting) AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council repeals Ordinance No. 1646, and Codified as Chapter 7, Article X, of the Fairhope Code of Ordinances: and Dissolve the City of Fairhope Building Code Board of Appeals. BACKGROUND INFORMATION: WHEREAS, the City of Fairhope, Alabama (the “City”), established the City of Fairhope Building Code Board of Appeals (the “Board”); WHEREAS, the City Council of the City of Fairhope, Alabama (the “City Council”) adopted Ordinance No. 1646 establishing the Bylaws of the Board; WHEREAS, the City no longer has a need for the Board, and the City Council desires to dissolve the Board and transfer any funds raised or claimed by the Board for the use of the Board; WHEREAS, the Board is an unincorporated board that is not separate from the municipality itself; and WHEREAS, as the authorizing governing body, the City Council is vested with the power to dissolve the Board. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 25 of 253 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 26 of 253 ORDINANCE NO. _____ AN ORDINANCE TO REPEAL ORDINANCE NO. 1646, AND CODIFIED AS CHAPTER 7, ARTICLE X, OF THE FAIRHOPE CODE OF ORDINANCES; AND DISSOLVE THE CITY OF FAIRHOPE BUILDING CODE BOARD OF APPEALS WHEREAS, the City of Fairhope, Alabama (the “City”), established the City of Fairhope Building Code Board of Appeals (the “Board”); WHEREAS, the City Council of the City of Fairhope, Alabama (the “City Council”) adopted Ordinance No. 1646 establishing the Bylaws of the Board; WHEREAS, the City no longer has a need for the Board, and the City Council desires to dissolve the Board and transfer any funds raised or claimed by the Board for the use of the Board; WHEREAS, the Board is an unincorporated board that is not separate from the municipality itself; and WHEREAS, as the authorizing governing body, the City Council is vested with the power to dissolve the Board; BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. The City of Fairhope Building Code Board of Appeals is hereby dissolved. Section 2. As set forth in the Zoning Ordinance (Ordinance No. 1253, as amended) and Alabama Code § 11-52-80 et seq., the Board of Adjustment of the City shall continue to hear and decide appeals where it is alleged by an aggrieved person that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance. Section 3. With the exception of zoning appeals to the Board of Adjustment of the City of Fairhope as set forth in Section 2 of this Ordinance, any appeal of or challenge to a decision made by an administrative official of the City that does not pertain to zoning, or the Zoning Ordinance shall be as otherwise set forth under Alabama law. Section 4. The provisions, sections, paragraphs, sentences, clauses, phrases, and parts thereof of this Ordinance are severable, and if any provision, section, paragraph, sentence, clause, phrase, or part thereof of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affect any other provision, section, paragraph, sentence, clause, phrase, or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional or invalid provision, section, paragraph, sentence, clause, phrase, or part thereof. Section 5. This Ordinance shall go into effect upon its passage and publication as provided by law. Adopted and Approved this 22nd day of September, 2025. Jack Burrell, Council President ATTEST: __ Lisa A. Hanks, MMC City Clerk Adopted and Approved this the 22nd day of September, 2025. Sherry Sullivan, Mayor Page 27 of 253 ORDINANCE NO. 1646 AN ORDINANCE TO ESTABLISH THE BYLAWS OF THE CITY OF FAIRHOPE BUILDING CODE BOARD OF APPEALS ARTICLE I Objective The primary objective and purpose of the City of Fairhope Building Code Board of Appeals (the "Board") is to review and approve/deny variances from the provisions of the duly adopted construction codes and ordinances of the City of Fairhope as listed in Ordinance No. 1639 (the "Building Code"). In the case of an approval of any variance from the Building Code, such approval shall not be contrary to the public interest and such approval shall be granted only where, owing to special conditions, a literal enforcement of the provisions of the Building Code will result in unnecessary hardship and so that the spirit of the Building Code shall be observed, and substantial justice done. ARTICLE II Organization and Finances The Board shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. ARTICLE III Membership Section 1. The Board shall consist of five members and two supernumerary members, appointed by the City Council of the City of Fairhope, Alabama (the "City Council") for staggered terms of three years, all in accordance with Code of Alabama (1975), as amended. Section 2. Any vacancy in the membership shall be filled for the unexpired terra in the same manner as the initial appointment. Members shall be removable for cause by the City Council upon written charges and after public hearing. Section 3. No member of the Board shall hold any other public office or position. Section 4. Every member of the Board shall reside within the city limits or police jurisdiction of the City of Fairhope, Alabama. Section 5. The Board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. Recommended qualifications are Professional Engineer, Registered Architect, licensed General Contractor, licensed Flomebuilder, licensed Electrical Contractor, licensed Mechanical Contractor, and licensed Plumbing Contractor. Page 28 of 253 Page 29 of 253 Page 30 of 253 Page 31 of 253 Page 32 of 253 Page 33 of 253 Page 34 of 253 Page 35 of 253 Page 36 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1772 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: An Ordinance concerning Unsafe Structures and Dangerous Buildings; and the Code of Ordinances of Fairhope are hereby amended to repeal Article V, Sections 7-86 through 7-110 in its entirety and replace them with a new Article V, Sections 7-86 through 7-103. (Introduced at the September 8, 2025 City Council Meeting) AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance concerning Unsafe Structures and Dangerous Buildings; and the Code of Ordinances of Fairhope are hereby amended to repeal Article V, Sections 7-86 through 7-110 in its entirety and replace them with a new Article V, Sections 7-86 through 7-103. BACKGROUND INFORMATION: BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Page 37 of 253 Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 38 of 253 Page 1 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. This document is a copyrighted work owned by Hand Arendall Harrison Sale LLC. Without advance written permission from the copyright owner, no part of this document may be reproduced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical mean s (by way of example, and not limitation, photocopying, or recording by or in an information storage retrieval system). For inform ation on permission to copy material exceeding fair use, please contact: Benjamin S. Goldman at Hand Arendall Harrison Sale LLC, 1801 Fifth Avenue North, Ste. 400 , Birmingham, AL 35203, or by phone at (205) 502-0142. ORDINANCE NO. _____ AN ORDINANCE CONCERNING UNSAFE STRUCTURES AND DANGEROUS BUILDINGS WHEREAS, within the City of Fairhope, Alabama ("the City"), there exists and/or may exist in the future parcels of real property that due to poor design, obsolescence, or neglect, have become unsafe to the extent of becoming public nuisances, and; WHEREAS, much of this property is vacant or in a state of disrepair and is causing or may cause a blight or blighting influence on the City and the neighborhoods in which the property is located, and; WHEREAS, such property constitutes a threat to the health, safety, and welfare to the citizens of the City and is an impediment to economic development within the City, and; WHEREAS, in compliance with Sections 11-40-30 through 11-40-36, inclusive, of the Code of Alabama (1975) and in compliance with Sections 11-53B-1 through 11-53B-16, inclusive, of the Code of Alabama (1975), the City Council of Fairhope, Alabama ("the City Council") desires to amend its policies and procedures for repairing, moving or demolishing buildings and structures, or parts of buildings and structures, party walls, and foundations when found to be unsafe to the extent of being a public nuisance from any cause; and WHEREAS, the City Council desires that the City employ, alternatively, all tools provided by law to the City for the fixing of costs, creation of liens, making of assessments, and collection of costs associated with repairing, moving or demolishing buildings and structures, or parts of buildings and structures, party walls, and foundations when found to be unsafe to the extent of being a public nuisance from any cause, including but not limited to Section 6 -5-122 of the Code of Alabama (1975), Sections 11-40-30 through 11-40-36, inclusive, of the Code of Alabama (1975), Sections 11-47-117 through 11-47-118, inclusive, of the Code of Alabama (1975), Section 11-47-131, of the Code of Alabama (1975), Sections 11-53-1 through 11-53-4, inclusive, of the Code of Alabama (1975), and Sections 11-53B-1 through 11-53B-16, inclusive, of the Code of Alabama (1975). THEREFORE, BE IT NOW ORDAINED by the City Council of Fairhope, Alabama, as follows: Page 39 of 253 Ordinance No. _____ Page 2 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. Section 1. Establishment of Unsafe Structures and Dangerous Buildings Code. The Code of Ordinances of Fairhope, Alabama, is hereby amended to repeal Article V, Sections 7-86 through 7-110 in its entirety and replace with a new Article V, Sections 7-86 through 7-103 to read as follows: ARTICLE V. UNSAFE STRUCTURES AND DANGEROUS BUILDINGS. Sec. 7-86. Duties of Appropriate Municipal Official. (a) The term "Appropriate Municipal Official" as used in this Article shall mean the City Building Official, City Building or Property Maintenance Inspectors, Fire Safety Inspector, any City building inspections officer or deputy, the fire marshal, and any other City official or City employee designated by the Mayor as the person to exercise the authority and perform the duties delegated by this Article. (b) The Appropriate Municipal Official may: (1) Inspect, or cause to be inspected, semiannually all public buildings, halls, churches, theatres, hotels, tenements, commercial manufacturing or loft buildings for the purpose of determining whether any conditions exist which render any such place a "dangerous building" as defined by this Article; (2) Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is, or may be, existing in violation of this Article; (3) Inspect any building, wall or structure reported (as hereinafter provided for) by the fire department or police department as probably existing in violation of the terms of this Article; and (4) Perform such other duties as are set forth in this Article. (c) The Appropriate Municipal Official is hereby authorized and directed to enforce all of the provisions of this Article. Upon presentation of the proper credentials, the Appropriate Municipal Official may enter any building, structure, part of building or structure, party wall, foundation, or premises for the purpose of inspection, to prevent violation of the provisions of this Article, and/or to carry out an order given pursuant to this Article. Sec. 7-87. Dangerous buildings defined. Any building, structure, part of building or structure, party wall, or foundation which has any of the following defects may be deemed a "dangerous building": (1) Those whose interior walls or other vertical structure members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; Page 40 of 253 Ordinance No. _____ Page 3 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (2) Those which, exclusive of the foundation, show thirty-three (33) percent, or more, of damage or deterioration of one (1) or more supporting members, or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering; (3) Those which have improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used; (4) Those which have been damaged by fire, wind, earthquake, flood, sinkhole, deterioration, neglect, abandonment, vandalism, or any other cause so as to have become dangerous to life, health, property, morals, safety, or general welfare of the public or the occupants; (5) Those which have become or are so damaged, dilapidated, decayed, unsafe, unsanitary, lacking in maintenance, vermin or rat infested, containing filth or contamination, lacking proper ventilation, lacking sufficient illumination, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the life, health, property, morals, safety, or general welfare of the public or the occupants; (6) Those having light, air, heating, cooling, and sanitation facilities which are inadequate to protect the life, health, property, morals, safety, or general welfare of the public or the occupants; (7) Those having inadequate facilities for egress in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of ingress and egress to and from said building; (8) Those which do not provide minimum safeguards to protect or warn occupants in the event of fire; (9) Those which contain unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to the life, health, property, morals, safety, or general welfare of the public or the occupants; (10) Those which are so damaged, decayed, dilapidated, structurally unsafe, or of such fault construction or unstable foundation that partial or complete collapse is possible; (11) Those which have parts thereof which are so attached that they may fall and damage property or injure the public or the occupants; Page 41 of 253 Ordinance No. _____ Page 4 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (12) Those, or any portion thereof, which are clearly unsafe for their use or occupancy; (13) Those which are neglected, damaged, dilapidated, unsecured, or abandoned so as to become an attractive nuisance to children who might play in or on the building, structure, part of building or structure, party wall, or foundation to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building, structure, part of building or structure, party wall, or foundation for committing a nuisance or an unlawful act; (14) Those which have any portion remaining on a site after the demolition or destruction of the same or whenever the building, structure, part of building or structure, party wall, or foundation is abandoned so as to constitute such building, structure, part of building or structure, party wall, or foundation as an attractive nuisance or hazard to the public; (15) Those which because of their condition are unsafe, unsanitary, or dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants; and (16) Those with a condition or conditions that violate the City’s technical codes adopted from time to time if such violation(s) are unsafe to the extent of becoming a public nuisance. Sec. 7-88. Buildings defined. For purposes of this Article, the term "building" is deemed to include all structures, appurtenances, improvements, and items on the property, whether or not attached to or apart of the main structure, including, but not limited to, houses, mobile or manufactured homes, trailers, garages, sheds, carports, other accessory structures, pools, as well as any items located therein or on the subject property, including, junk, rubbish, trash, litter, grass and weeds as defined by the City’s grass and weed abatement ordinance (Ordinance No. 758 as it may be amended over time), junked motor vehicles, and/or any other matter declared a nuisance under existing law. Sec. 7-89. Dangerous buildings constitute nuisances. All "dangerous buildings" are hereby declared to be public nuisances, and may be repaired, vacated, moved, or demolished as provided by this Article. Sec. 7-90. Standards for repair, move, vacation, or demolition. The following standards may be followed in substance by the Appropriate Municipal Official in ordering a repair, move, demolition, and/or vacation: Page 42 of 253 Ordinance No. _____ Page 5 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (1) If any building, structure, part of building or structure, party wall, or foundation can reasonably be repaired within a reasonable time and at a reasonable cost relative to the value of the structure so that it will no longer exist in violation of the terms of this Article, it may be ordered to be repaired. (2) If any building, structure, part of building or structure, party wall, or foundation can reasonably be moved so that it will no longer exist in violation of the terms of this Article, it may be ordered to be moved. (3) In any case where any building, structure, part of building or structure, party wall, or foundation is substantially damaged or decayed, or deteriorated from its original value or structure (not including the value of the land), it may be demolished, and in all cases where any building, structure, part of building or structure, party wall, or foundation cannot be reasonably repaired so that it will no longer exist in violation of the terms of this Article, it may be demolished. In all cases where any building, structure, part of building or structure, party wall, or foundation is a fire hazard existing in violation of the terms of this Article, it may be demolished. (4) If any building, structure, part of building or structure, party wall, or foundation is in such condition as to make it dangerous to the life, health, property, morals, safety, or general welfare of the public or the occupants, it and/or the entirety or other portion of the premises upon which it is located may be ordered to be vacated. Where one or more of the standards above may apply, the Appropriate Municipal Official may, in his sole discretion, choose to order anyone, any combination, or all of the foregoing remedies. Sec. 7-91. Notice from Appropriate Municipal Official of unsafe condition. (a) Whenever the Appropriate Municipal Official of the City finds that any building, structure, part of building or structure, party wall, or foundation situated in the City is unsafe to the extent that it is a public nuisance, the Appropriate Municipal Official may, as set forth in this Section, give notice to remedy the unsafe or dangerous condition of the building or structure. The notice shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, part of building or structure, party wall, or foundation is located. The notice shall set forth in detail the basis for the Appropriate Municipal Official’s finding and shall direct the owner or owners to take either of the following actions: (1) In the case where repair is required, accomplish the specified repairs or improvements within a reasonable time set out in the notice, which time shall not be less than forty-five (45) days of the date of the notice or if the same cannot be repaired within that Page 43 of 253 Ordinance No. _____ Page 6 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. time to provide the Appropriate Municipal Official with a work plan to accomplish the repairs, which plan shall be submitted within forty-five (45) days of the making of the notice and shall be subject to the approval of the City Council. (2) In the case where a move or demolition is required, move or demolish the building, structure, part of building or structure, party wall, or foundation within a reasonable time set out in the notice, which time shall not be less than forty-five (45) days of the notice. The notice shall state that, in the event the owner does not comply within the time specified therein, the repairs, the move, or the demolition shall be accomplished by the City and the cost thereof assessed against the property. The repair, move, or demolition must be completed to the Appropriate Municipal Official’s satisfaction, or the same may be completed and accomplished by the City and the cost thereof assessed against the property. The notice shall inform the recipients that a public hearing as provided for by Section 7- 92(a) shall be held on the finding of the Appropriate Municipal Official at a date, time, and location specified in the notice. The Appropriate Municipal Official may also order that any building, structure, or part of building or structure ordered to be repaired, moved, or demolished be vacated along such terms as the Appropriate Municipal Official deems appropriate. (b) The Appropriate Municipal Official shall give the notice required by Subsection (a) of this Section by all of the following means: (1) By certified or registered mail, properly addressed and postage prepaid, to all of the following persons or entities: i. The person or persons, firm, association, or corporation last assessing the property for state taxes to the address on file in the Baldwin County Revenue Commissioner’s Office; ii. The record property owner or owners (including any owner or owners of an interest in the property) as shown from a search of the records of the office of the Judge of Probate of Baldwin County, Alabama, at the owner or owners’ last known address and at the address of the subject property; iii. All mortgagees of record as shown from a search of the records of the office of the Judge of Probate of Baldwin County, Alabama, to the address set forth in the mortgage or, if no address for the mortgagee is set forth in the mortgage, to the address determined to be the correct address by the Appropriate Municipal Official; Page 44 of 253 Ordinance No. _____ Page 7 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. iv. All lien holders of record as shown from a search of the records of the office of the Judge of Probate of Baldwin County, Alabama, to the address set forth in the statement of lien or, if no address for the lien holder is set forth in the statement of lien, to the address determined to be the correct address by the Appropriate Municipal Official; and v. Any person who is otherwise known to the City Clerk or to the Appropriate Municipal Official to have an interest in the property; (2) By posting notice of the order, or a copy thereof, within three (3) days of the date of mailing required by Subsection (b)(1) of this Section, at or within three feet of an entrance to the building or structure. If there is no entrance, the notice may be posted at any location on the building or structure; and (3) By recording notice of the order, or a copy thereof, in the office of the Judge of Probate of Baldwin County, Alabama, on or before the date of mailing required by Subsection (b)(1) of this Section. (c) In addition to the required notice provisions in Subsection (b) of this Section, the Appropriate Municipal Official may, in his sole discretion, publish a short form of the notice described in Subsection (a) of this Section in The Baldwin Times or other publication of general circulation in Baldwin County, Alabama. (d) In the event that the identity of the record property owner(s) cannot be ascertained after a reasonably diligent search, the Appropriate Municipal Official, in addition to complying with the applicable notice provisions in Subsection (b) of this Section, shall issue notice to the unknown property owner(s) by publishing a short form of the notice described in Subsection (a) of this Section in The Baldwin Times or other publication of general circulation in Baldwin County, Alabama, once a week for four consecutive weeks. (e) A failure by the City Council to act on the findings of the Appropriate Municipal Official within one hundred twenty (120) days from the date of mailing required by Subsection (b)(1) of this Section shall constitute an abdication of the Appropriate Municipal Official’s findings. However, this shall in no way prevent the City from reinitiating the proceedings authorized by this Article at any time so long as all the requirements of this Article are satisfied anew. Furthermore, this does not require that the ordered demolition, move, or repairs take place within one hundred twenty (120) days from the date of mailing required by Subsection (b)(1) of this Section. Sec. 7-92. Hearings, appeals, and extensions. (a) After the time specified in the notice provided for by Section 7-91(a) but no less than fifty (50) days from the date the notice is given as provided for by Section 7-91(b)(1), whichever is later, if the owner of any property cited hereunder fails to comply with the notice prescribed, the City Council shall hold a public hearing to Page 45 of 253 Ordinance No. _____ Page 8 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. receive any objections to the finding by the Appropriate Municipal Official that the building or structure is unsafe to the extent of becoming a public nuisance. A written request for a public hearing is not necessary. At the public hearing, the City Council shall also receive any written objections to the finding by the Appropriate Municipal Official. Any such written objection must be submitted to the City Clerk prior to the start of the City Council meeting at which the public hearing is held. No action shall be taken on the finding of the Appropriate Municipal Official until determination thereon is made by the City Council. (b) Upon holding the hearing, the City Council may determine whether or not the building or structure is unsafe to the extent that it is a public nuisance. If it is determined by the City Council that the building or structure is unsafe to the extent that it is a public nuisance, the City Council may take either of the following actions: (1) In the case where repair is required, order repair of the building at the expense of the City and assess the expenses of the repair on the land on which the building stands or to which it is attached. (2) In the case where a move or demolition is required, order moving or demolition of the building at the expense of the City and assess the expenses of the move or demolition on the land on which the building stands or to which it is attached. The City Council may also order that any building, structure, or part of building or structure to be repaired, moved, or demolished be vacated along such terms as the City Council deems appropriate. (c) Any person aggrieved by the decision of the City Council at the hearing may, within ten (10) days thereafter, appeal to the Circuit Court of Baldwin County, Alabama, upon filing with the Clerk of the Circuit Court of Baldwin County, Alabama, notice of the appeal and bond for security of costs in the form and amount to be approved by the Circuit Clerk. Upon filing of the notice of appeal and approval of the bond, the Circuit Clerk of the court shall serve a copy of the notice of appeal on the City Clerk and the appeal shall be docketed in the Circuit Court, and shall be a preferred case therein. The City Clerk shall, upon receiving the notice, file with the Circuit Clerk a copy of the findings and determination of the City Council in its proceedings. Any trials shall be held without jury upon the determination of the City Council that the building or structure is unsafe to the extent that it is a public nuisance. (d) After twenty (20) days of the decision of the City Council, if a repair, move, or demolition is ordered by the City Council and if an appeal has not been taken to the Circuit Court as provided for by Subsection 7-92(c), then the repair, move, or demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the repair or demolition. In the event that an appeal is taken to the Circuit Court as provided for by Subsection 7- 92(c), once a judgment authorizing a repair, move, or demolition becomes final as provided by law, then the repair, the move, or the demolition may be accomplished by the City by the use of its own forces, or it may provide by contract for the repair, the move, or the demolition. Page 46 of 253 Ordinance No. _____ Page 9 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (e) A failure by the City to accomplish the repair, move, or demolition of a building, structure, part of building or structure, party wall, or foundation within one hundred eighty (180) days of the passage of the resolution ordering the same shall constitute an abdication of the City Council’s order unless one of the following conditions is satisfied: (1) An aggrieved party has filed an appeal pursuant to or allegedly pursuant to this Article; (2) A court of competent jurisdiction has enjoined or otherwise halted the repair, move, or demolition; (3) All parties identified by the Appropriate Municipal Official pursuant to Section 7-91(b)(1) have entered into a written agreement allowing for an extended period of time within which the repair, move, or demolition may be accomplished; (4) All parties identified by the Appropriate Municipal Official pursuant to Section 7-91(b)(1) have noted at a meeting of the City Council their agreement allowing for an extended period of time within which the repair, move, or demolition may be accomplished, and the agreement is reflected in the minutes of the City Council; or (5) Further action is taken by the City Council as provided by Subsection (f) of this Section. (f) If for any reason an ordered repair, move, or demolition cannot be accomplished within one hundred eighty (180) days of the passage of the resolution ordering the same, the Appropriate Municipal Official shall make a report of the same and the length of any desired extension to the City Council. The City Clerk shall distribute a copy of the report to the members of the City Council. The City Clerk shall set the report on the proposed extension for a public hearing at a meeting of the City Council. The City Clerk shall give no less than ten (10) days’ notice of the meeting at which the proposed extension is to be considered by certified mail to all persons or entities listed in Section 7-91(b)(1). Notice shall be deemed complete upon mailing. Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the proposed extension or the length thereof. Following the public hearing, the City Council may adopt a resolution extending the time for the repair, move, or demolition to be accomplished for such period of time as it deems necessary. The City Council need not order an extension before the time to complete the repair, move, or demolition expires in order for the extension to be effective, but if the City Council desires to extend the time to complete the repair, move, or demolition, then the City Council must order the extension no more than sixty (60) days after the expiration of the then existing deadline to complete the repair, move, or demolition. The City Council may order repeated extensions if the process set forth in this Subsection is followed for each extension. (g) Nothing in this Article shall prevent the City from reinitiating the proceedings authorized by this Article at any time so long as all the requirements of this Article are satisfied anew. Page 47 of 253 Ordinance No. _____ Page 10 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (h) The City may sell or otherwise dispose of salvaged materials resulting from any demolition pursuant to this Article. Sec. 7-93. Fixing of costs as final assessment. (a) Upon repair, move, or demolition of the building or structure, the Appropriate Municipal Official shall make a report to the City Council of the cost thereof by tendering a copy of the report to the City Clerk. The City Clerk shall distribute a copy of the report to the members of the City Council. The proceeds of any moneys received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of demolition. The City Clerk shall set the report of costs for a public hearing at a meeting of the City Council. (b) The City Clerk shall give no less than ten (10) days’ notice of the meeting at which the fixing of the costs is to be considered by certified mail to all persons or entities listed in Section 7-91(b)(1). Notice shall be deemed complete upon mailing. (c) Any person, firm, or corporation having an interest in the property may be heard at the meeting as to any objection to the fixing of the costs or the amounts thereof. (d) Following the public hearing, the City Council may adopt a resolution fixing the costs which it finds were reasonably incurred in the repair, the move, or the demolition and assessing the costs against the lot or lots, parcel or parcels of land upon which the building or structure was located ("the final assessment"). Sec. 7-94. Tax lien for the final assessment of a move or demolition. (a) The final assessment for a move or demolition once made and confirmed by the City Council shall constitute a lien on the property for the amount of the final assessment. The lien shall be superior to all other liens on the property except liens for taxes, and shall continue in force until paid. The City Clerk shall file a certified copy of the resolution in the office of the Judge of Probate of Baldwin County, Alabama, and with the Baldwin County Revenue Commissioner’s office. In the case of a final assessment resulting from a move or demolition accomplished pursuant to this Article, upon filing, the Revenue Commissioner of the county shall add the amount of the lien to the ad valorem tax bill on the property and shall collect the amount as if it were a tax and remit the amount to the City. (b) The City may assess the final assessment of a move or demolition against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where the assessment is made against the lot or lots, parcel or parcels of land, a subsequent redemption thereof by any person authorized to redeem, or sale thereof by the state, shall not operate to discharge, or in any manner affect the lien of the City for the assessment, but any redemptioner or purchaser at any sale by the state of any lot or lots, parcel or parcels of land upon which an assessment has been levied, whether prior to or subsequent to a sale to the state for the nonpayment of taxes, shall take the same subject to the assessment. Page 48 of 253 Ordinance No. _____ Page 11 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. The assessment shall then be added to the tax bill of the property, collected as a tax, and remitted to the City. Sec. 7-95. Payment of assessments. (a) Payment of a final assessment resulting from a move or demolition accomplished pursuant to this Article shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48 of the Code of Alabama (1975), as the same has heretofore or may hereafter be amended. Upon the property owner’s failure to pay the assessment, the officer designated by the City to collect the assessments shall proceed to collect the assessment as provided in Sections 11-48-49 to 11-48-60, inclusive, of the Code of Alabama (1975). The City may, in the latter notice, elect to have the Revenue Commissioner collect the assessment by adding the assessment to the tax bill. Upon the election, the Revenue Commissioner shall collect the assessment using all methods available for collecting ad valorem taxes. (b) Payment of a final assessment resulting from a repair accomplished pursuant to this Article shall be made in the manner and as provided in Section 11-53B-7 of the Code of Alabama (1975), as the same has heretofore or may hereafter be amended. Upon the property owner’s failure to pay the assessment, the officer designated by the City to collect the assessments shall proceed to collect the assessment as provided in Sections 11-53B-8 to 11-53B- 14, inclusive, of the Code of Alabama (1975). Sec. 7-96. Emergency action. (a) The Appropriate Municipal Official is hereby authorized to initiate the immediate repair or demolition of a building, structure, or portion thereof when in the opinion of the Appropriate Municipal Official such emergency action is required due to imminent danger of structural collapse endangering adjoining property, the public right of way, or human life or health. In the case of emergency action pursuant to this Subsection (a), the Appropriate Municipal Official may promptly cause such building, structure, or portion thereof to be made safe, secured, or removed. For this purpose, the Appropriate Municipal Official may at once enter such structure with such assistance and at such cost as the Appropriate Municipal Official may deem necessary. The Appropriate Municipal Official may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, and for this purpose, the Appropriate Municipal Official may close a public or private way. (b) Alternatively, the City Council is hereby authorized to, by resolution or motion reflected upon the minutes of its proceedings, order the immediate repair or demolition of a building, structure, or portion thereof when in the opinion of the City Council such emergency action is required due to imminent danger of any type endangering adjoining property, the public right of way, or human life or health. In the case of emergency action pursuant to this Subsection (b), the City Council may promptly order and cause such building, structure, or portion thereof to be made safe, secured, or removed. The City Council may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary, and for this purpose, the City Council may close a public or private way. Page 49 of 253 Ordinance No. _____ Page 12 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (c) To the extent that the circumstances allow without furthering the risk of harm or danger, prior to taking any action, the Appropriate Municipal Official or the City Council as applicable shall attempt to give actual notice of the proposed action to those persons and/or entities identified in Section 7-91(b)(1) and seek to secure their cooperation. (d) In the case of any action taken pursuant to this Section, the Appropriate Municipal Official shall prepare a declaration of the emergency that shall set forth in detail the reason or reasons for emergency repair, move, or demolition. The declaration shall identify the street address, the legal description, and the parcel identification number of the property where the building, structure, or portion thereof is located. The Appropriate Municipal Official shall serve, post, and file the declaration as soon as practicable as provided for the service of a notice in Section 7-91(b). The Appropriate Municipal Official shall also provide the declaration to the Council by tendering a copy of the report to the Clerk. The Clerk shall distribute a copy of the report to the members of the Council. (e) The cost of the emergency action may be fixed by the City Council and shall be assessed pursuant to this Article in the same manner provided for non-emergency repairs, moves, or demolitions. (f) In cases of emergency action pursuant to this Section, the decision of the Appropriate Municipal Official and/or the City Council, as applicable, shall be final, and there shall be no right to appeal the decision of the Appropriate Municipal Official and/or the City Council, as applicable, in the case of an emergency. Sec. 7-97. Duties of the Fire Department. The Fire Department may make a report in writing to the building official of all buildings or structures which are, may be, or are suspected to be "dangerous buildings." Such reports should be delivered to the building official within twenty-four (24) hours of the discovery of such buildings by any representative of the Fire Department. Sec. 7-98. Duties of the Police Department. All employees of the Police Department may make a report in writing to the building official of all buildings or structures which are, may be, or are suspected to be "dangerous buildings." Such reports should be delivered to the building official within twenty- four (24) hours of the discovery of such buildings by an employee of the Police Department. Sec. 7-99. Duties of the City Attorney. The City Attorney is hereby authorized to: (1) Prosecute all persons performing any act or acts deemed unlawful under Section 7-100 of this Article. (2) Appear at all hearings before the City Council authorized by this Article. Page 50 of 253 Ordinance No. _____ Page 13 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. (3) Bring suit to collect all municipal liens, assessments, expenditures or costs incurred by the City in repairing, causing to be vacated, moved, or demolished any building, structure, part of building or structure, party wall, or foundation pursuant to this Article. (4) Take such other legal action as is necessary to carry out the terms and provisions of this Article, including, but not limited to, those actions contemplated by Section 7-101 of this Article. Sec. 7-100. Enforcement and penalties. (a) It shall be unlawful for any person, or for any agent, servant or employee of such person, to fail to comply with an order or notice given pursuant to this Article. (b) It shall be unlawful for any person, or for any agent, servant or employee of such person, to fail or refuse to perform any duty imposed by this Article. (c) It shall be unlawful for any person, or for any agent, servant or employee of such person, to obstruct or interfere with an Appropriate Municipal Official in carrying out the purposes of this Article. (d) It shall be unlawful for any person, or for any agent, servant or employee of such person, to obstruct or interfere with a repair, move, or demolition ordered pursuant to this Article by remaining upon the premises or in such proximity to the premises and at such a time and location where the work cannot be accomplished without endangering the life, health, safety, or general welfare of himself or another person. (e) It shall be unlawful for any person, or for any agent, servant or employee of such person, to mutilate, destroy, tamper with, or remove a notice posted pursuant to Section 7-91(b)(2) or Section 7- 96(d). (f) It shall be unlawful for any person, including an occupant or lessee in possession, to fail to comply with any notice to vacate pursuant to this Article. (g) It shall be unlawful for any person to enter, access, or be upon the premises that the Appropriate Municipal Official has ordered to be vacated and that is the subject of a notice pursuant to Section 7-91 or a declaration pursuant to Section 7-96 except for the purposes of demolishing the same, of moving the same, or of making the required repairs. (h) It shall be unlawful for any person who has received a notice pursuant to Section 7-91 or a declaration pursuant to Section 7-96 to sell, transfer, mortgage, lease, encumber, or otherwise dispose of such building, structure, part of building or structure, party wall, or foundation that is the subject of notice to another until such person shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of the notice served pursuant to Section 7-91 or the declaration served pursuant to Section 7-96 and shall furnish to the City building official a signed and notarized statement from the grantee, Page 51 of 253 Ordinance No. _____ Page 14 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. transferee, mortgagee, or lessee acknowledging the receipt of the notice served pursuant to Section 7-91 or the declaration served pursuant to Section 7-96 and fully accepting the responsibility without condition for making the corrections or repairs required by such notice served pursuant to Section 7-91 or Section 7-96. (i) A violation of this Section shall be punishable by a fine not to exceed the sum of five hundred ($500) for each offense, and if a willful violation, by imprisonment, not to exceed six months, or both, at the discretion of the court trying the same. Each day shall constitute a separate offense. (j) The penalties and remedies provided by this Article shall not apply to the City or any official (elected or appointed), agent, officer, or employee of the City who is administering this Article or otherwise performing its, his, or her official duties. Sec. 7-101. Civil remedies. The continued or recurrent performance of any act or acts deemed unlawful under Section 7-100 of this Article is hereby declared to be detrimental to the health, safety, comfort and convenience of the public and is a nuisance. The City, as an additional or alternative remedy, may institute injunctive proceedings in a court of competent jurisdiction to abate the same or proceed as otherwise authorized under law to address nuisances. Sec. 7-102. No effect on immunities. This Article is adopted only to provide a service for the public as a whole, and is not for the benefit of any individual person or entity. By the adoption of this Article, the City and its agents, officers, and employees accept no duty for the benefit (intended or unintended) of any person, including but not limited to any owner, mortgagee, lien holder, landlord, tenant, occupant, roomer, invitee of any type, trespasser, or any of their agents, officers, or employees. Any duty alleged to arise under this Article on the part of the City or any of its agents, officers, or employees for the benefit of any person is hereby expressly rejected. The City and its agents, officers, and employees hereby expressly reserve all applicable immunities existing under any doctrine, authority, or law (whether under the common law, statute, or otherwise), including but not limited to substantive immunity, qualified immunity, and discretionary function immunity. Save for the powers and remedies that this Article gives to the City and to its agents, officers, and employees who are administering this Article or otherwise performing its, his, or her official duties, this Article does not create any private cause of action for the benefit of any person. Sec. 7-103. Cumulative effect. This Article is cumulative in nature and is in addition to any power and authority that the City may have under any other law. Section 2. Effect on Existing Prosecutions and Actions. The adoption of this ordinance shall not in any manner affect any prosecution of any act illegally done contrary to the provisions of any ordinance now or heretofore in existence, and every such prosecution, whether begun before or after the enactment of this ordinance shall be governed by the law under which the offense was committed; nor shall a prosecution, or the right to Page 52 of 253 Ordinance No. _____ Page 15 of 15 ATTORNEY WORK PRODUCT / ATTORNEY-CLIENT PRIVILEGED COPYRIGHT © 2025 by HAND ARENDALL HARRISON SALE LLC. ALL RIGHTS RESERVED. prosecute, for the recovery of any penalty or the enforcement of any forfeiture or lien be in any manner affected by the adoption of this ordinance; nor shall any civil action or cause of action existing prior to or at the time of the adoption of this ordinance be affected in any manner by its adoption. Section 3. Incorporation in the Code of Ordinances and Repealer. The provisions of this Ordinance shall be included in and incorporated in the Code of Ordinances of Fairhope, Alabama, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Ordinance No. 1447 is hereby expressly repealed. Section 4. Severability. The provisions, sections, paragraphs, sentences, clauses, phrases, and parts thereof of this Ordinance are severable, and if any provision, section, paragraph, sentence, clause, phrase, or part thereof of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, then such ruling shall not affect any other provision, section, paragraph, sentence, clause, phrase, or part thereof, since the same would have been enacted by the Council without the incorporation of any such unconstitutional or invalid provision, section, paragraph, sentence, clause, phrase, or part thereof. Section 5. Effective Date. This Ordinance shall become effective upon its adoption as provided by law. DONE, ORDERED, ADOPTED and APPROVED this 22nd day of September, 2025. ____________________________________ Jack Burrell, Council President ATTESTED BY: ____________________________________ Lisa A. Hanks, MMC City Clerk APPROVED BY: ____________________________________ Sherry Sullivan, Mayor CERTIFICATION: I, Lisa A. Hanks, MMC, as Clerk of Fairhope, Alabama, hereby certify that the above and foregoing copy of 1 (one) Ordinance Number _____ is a true and correct copy of such Ordinance that was duly adopted by the Council of Baldwin, Alabama, on the 22nd day of September, 2025, as same appears in the official records of said City. Posted at Fairhope Municipal Complex, Fairhope Building Department, and Fairhope Planning Department. this the ___ day of _____, 20__. ____________________________________ Lisa A. Hanks, MMC City Clerk Page 53 of 253 Page 54 of 253 Page 55 of 253 Page 56 of 253 Page 57 of 253 Page 58 of 253 Page 59 of 253 Page 60 of 253 Page 61 of 253 Page 62 of 253 Page 63 of 253 Page 64 of 253 Page 65 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1791 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: An Ordinance to Repeal and Replace Ordinance No. 1586, Ordinance No. 1599, and Ordinance No. 1804: The Schedule of Fees for Construction and Building Permits. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council adopts an Ordinance to Repeal and Replace Ordinance No. 1586, Ordinance No. 1599, and Ordinance No. 1804: The Schedule of Fees for Construction and Building Permits. 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 66 of 253 ORDINANCE NO. _____ AN ORDINANCE TO REPEAL AND REPLACE ORDINANCE NO. 1586, ORDINANCE NO. 1599, AND ORDINANCE NO. 1804; CODE OF ORDINANCES: CHAPTER 7 BUILDING; CONSTRUCTION; TECHNICAL CODES, ARTICLE I. IN GENERAL; SECTION 7-7 TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS WHEREAS, The City of Fairhope desires to ensure proper construction standards are utilized to provide for adequate health, public safety, and welfare of our citizens; and, WHEREAS, The City of Fairhope desires to be competitive in the user fees charged so as to adequately cover the expenses incurred by the City in enforcing established construction standards; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: 1. THAT CHAPTER 7 BUILDING; CONSTRUCTION; TECHNICAL CODES, ARTICLE I. IN GENERAL, SECTION 7-7 SCHEDULE OF PERMIT FEES, be amended with the following schedule of user charges: New Construction Permit Fees Residential Building Permit Fee $5.00 per $1000.00 of project value (minimum of $100.00) Security/Structured Wire $25.00 Sewer Tap Inspection Fee $25.00 Electrical Permit Fee $75.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $75.00 Mechanical Permit Fee $75.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Plan Review Fee $75.00 (For informal reviews with no contractor of record listed, a review fee of $200.00 may be charged) New Plan Submittal $100.00 (after permit is issued) Remodeling Permit Fees Residential Project Value Permit Fee $0.00 - $5,000.00 $25.00 Electrical Permit Fee $25.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $25.00 Mechanical Permit Fee $25.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) $5,001.00 - $20,000.00 $5.00 per $1000.00 of project value Electrical Permit Fee $35.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $35.00 Mechanical Permit Fee $35.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) $20,001.00 - $50,000.00 $5.00 per $1000.00 of project value Electrical Permit Fee $50.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $50.00 Mechanical Permit Fee $50.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Page 67 of 253 Ordinance No. _____ Page -2- $50,001.00 – above $5.00 per $1000.00 of project value Electrical Permit Fee New construction rates Temporary Elect. Fee New construction rates Plumbing Permit Fee New construction rates Mechanical Permit Fee New construction rates Sewer Tap Inspection Fee New construction rates Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Other Residential Permit Fees Fire Alarm Permit $25.00 Sprinkler System $50.00 Generator $100.00 Fence Permit Fee $5.00 per $1000.00 of project value (minimum of $25.00) Demolition Permit Fee $25.00 Historic Review Admin. Fee $100.00 Swimming Pool Fees $100.00 Roofing Permit Fee $5.00 per $1000.00 of project value (minimum of $25.00) Right of Way Permit Fee Fee determined by Public Works Dept (Ordinance No. 1757) New Construction Permit Fees Commercial Building Permit Fee $6.00 per $1000.00 of project value (minimum of $100.00) Security/Structured Wire $0.50 per $1000.00 of project value (minimum of $50.00) Sewer Tap Inspection Fee $50.00 Electrical Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Temporary Elect. Fee $25.00 Plumbing Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Mechanical Permit Fee $1.00 per $1000 of project value (minimum of $100.00) Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Plan Review Fee $2.50 per $1000.00 of project value (For informal reviews, fees may be charged as calculated using the ICC Building Code Valuation Tables. Third party reviews shall be either the cost of the review or the standard charge of $2.50/$1000, whichever is greater) New Plan Submittal $250.00 (after permit is issued) Remodeling Permit Fees Commercial Project Value Permit Fee $0.00 - $5,000.00 $25.00 Electrical Permit Fee $25.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $25.00 Mechanical Permit Fee $25.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) $5,001.00 - $20,000.00 $6.00 per $1000.00 of project value Electrical Permit Fee $35.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $35.00 Mechanical Permit Fee $35.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Page 68 of 253 Ordinance No. _____ Page -3- $20,001.00 - $50,000.00 $6.00 per $1000.00 of project value Electrical Permit Fee $50.00 Temporary Elect. Fee $25.00 Plumbing Permit Fee $50.00 Mechanical Permit Fee $50.00 Sewer Tap Inspection Fee $25.00 Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) $50,001.00 – above $6.00 per $1000.00 of project value Electrical Permit Fee new construction rates Temporary Elect. Fee new construction rates Plumbing Permit Fee new construction rates Mechanical Permit Fee new construction rates Sewer Tap Inspection Fee new construction rates Gas Permit Fee Fee determined by Gas Dept (Ordinance No. 1701) Other Commercial Permit Fees Fire Alarm Permit $0.50 per $1000.00 of project value (minimum of $50.00) Sprinkler System $1.00 per $1000.00 of project value Fire Suppression Hood $1.00 per $1000.00 of project value Food Truck Inspections $50.00 Generator $5.00 per $1000.00 of project value (minimum of $200.00) Sign Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Fence Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Demolition Permit Fee $50.00 Historic Review Admin. Fee $100.00 Swimming Pool Fees $250.00 Roofing Permit Fee $5.00 per $1000.00 of project value (minimum of $50.00) Right of Way Permit Fee Fee determined by Public Works Dept (Ordinance No. 1757) Tree Removal Permit Fee $50.00 Land Disturbance Permits Land Disturbance Work: Residential $5.00 per $1000.00 of project value (minimum of $25.00) Commercial $5.00 per $1000.00 of project value BMP Reinspection fees for Residential Lots: $100.00 for the first reinspection, $200.00 for the second reinspection, $300.00 for the third reinspection. BMP Reinspection fees for Commercial/Residential Development Projects: $300.00 for the first reinspection, $400.00 for the second reinspection, $500.00 for the third reinspection. Marine Permits Land based work: Boat Lift $5.00 per $1000.00 of project value (minimum of $150.00) Bulkhead/Seawall $5.00 per $1000.00 of project value (minimum of $150.00) Pile Driving $5.00 per $1000.00 of project value (minimum of $150.00) Breakwaters/Jetties $5.00 per $1000.00 of project value (minimum of $150.00) Boathouses (habitable space) New construction fees for residential Marinas (public, dredged lands) New construction fees for commercial Pier Electrical $50.00 Pier Plumbing $50.00 Work over water or submerged state lands are permitted by the US Army Corps of Engineers, Alabama State Lands Division, and the Alabama Department of Environmental Management. This includes piers, marinas over State lands, dredging, tunnels, bridges, underwater pipelines and cables, offshore platforms, etc.) Page 69 of 253 Ordinance No. _____ Page -4- Building Moving Permit Fees Building Moving Permit $50.00 Police Escort Required $300.00 (minimum) Utility Dept. Work Required $120.00 per hour (minimum of 3 hours) Regulations governing the moving of existing buildings are outlined in City Ordinance No. 1035 Reinspection Fees Reinspection Fees are $100.00 for the first reinspection, $200.00 for the second reinspection, $300.00 for the third reinspection. Convenience Fee A convenience fee for all credit cards charges may apply and will be assessed directly by the credit card processing vendor. Waiver of Permit Fees Permit fees may be administratively waived at the discretion of the Mayor and City Council for projects including: • Projects providing public infrastructure or facilities specifically for use by the citizens of Fairhope. • Required repairs that occur due to a natural disaster as determined at the time of such an event. Calculation of Construction Costs Permit and Impact Fees are based on the cost of the building construction and land cost. The cost of the building construction is determined by either a signed construction contract, or as calculated using the most current published International Code Council Building Valuation Tables, whichever is greater. Fines and Penalties Where work for which a permit is required by this Code is started or proceeds prior to obtaining a permit, the fees herein specified shall be doubled. The payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. A $500.00 fine per occurrence may be assessed to the applicant or contractor of record for beginning or continuing work without approved permits or inspections, as determined by the Building Official. After the second (2nd) documented case, further permit submittals from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. A $100.00 fine per occurrence may be assessed if an inspection is scheduled and performed with an incorrect subcontractor listed on the permit, as determined by the Building Official. There will be no fine or charge for contractor changes submitted to the Building Department prior to any inspection being performed. A $500.00 fine may be assessed to the applicant or contractor of record if a structure is occupied prior to the issuance of a CO, as determined by the Building Official. Separate fines may be assessed for each day of occupancy without a CO. After the second (2nd) documented case, further permit applications from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Refund Policy Building Permit fees of $200.00 or greater may be refunded within 180 days of the expiration of the permit if no work has taken place. The refund policy only applies to primary building permit and Impact Fees, and a written request to refund the fees and void the permit must be submitted by the permit applicant. An administrative fee of $50.00 will be deducted from the amount of the refund to be issued. Page 70 of 253 Ordinance No. _____ Page -5- 2. SEVERABILITY CLAUSE, If any subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. EFFECTIVE DATE, This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 22ND DAY OF SEPTEMBER, 2025 __________________________________ Jack Burrell, Council President ATTEST: ___________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED THIS 22ND DAY OF SEPTEMBER, 2025 __________________________________ Sherry Sullivan, Mayor Page 71 of 253 o ORDINANCE NO. 1586 AN ORDINANCE TO REPEAL AND REPLACE ORDINANCE NO. 674, ORDINANCE NO. 961, ORDINACNE NO. 1113, AND ORDINANCE NO. 1268, CODE OF ORDINANCES TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS. WHEREAS, The City of Fairhope desires to ensure proper construction standards are utilized to provide for adequate health, public safety, and welfare of our citizens; and, WHEREAS, The City of Fairhope desires to be competitive in the user fees charged so as to adequately cover the expenses incurred by the City in enforcing established construction standards; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, The following schedule of user charges are hereby adopted: New Construction Permit Fees Fees residential commercial Building Permit Fee $5.00 per $1000.00 of project value (min $25.00) $6.00 per $1000.00 of project value (min $100.00) ($ 1.00 per $ 1000.00 of value additional fee for non-residential construction in compliance with Alabama Act 2015-308) Electrical Permit Fee $75.00 $ 1.00 per $ 1000 of value (min $ 100.00) Temporary Elect. Fee $25.00 $25.00 Plumbing Permit Fee $75.00 $1.00 per $1000 of value (min $100.00) Mechanical Permit Fee $75.00 $1.00 per $1000 of value (min $100.00) Security/Structured Wire $25.00 $ .50 per $ 1000 of value (min $25.00) New Construction Permit Fees Fees residential commercial Sewer Tap Inspection Fee $25.00 $50.00 Gas Permit Fee $40.00 $75.00 Plan Review Fee $50.00 $2.50 per $1000.00 (For informal reviews with no contract, fee will be charged at calculated rate with construction costs determined by ICC Building Code Valuation Tables) Fence Permit Fee $5.00 per $1000.00 of value (min $25.00)$5.00 per $ 1000.00 of value (min $25.00) Sign Permit Fee N/A $5.00 per $ 1000.00 of value (min $25.00) Demolition Permit Fee $25.00 $25.00 Reinspection Fees $50.00 for the first reinspection, $75.00 for the second reinspection, $100.00 for the third reinspection Swimming Pool Fees $50.00 $100.00 Name of electrical contractor and electrical permit required for issuance of Swimming Pool Permit Roofing Permit Fee $5.00 per $1000.00 of value (min $25.00)$5.00 per $1000.00 of value (min $25.00) Page 72 of 253 Page 73 of 253 Page 74 of 253 ORDINANCE NO. 1599 AN ORDINANCE TO AMEND ORDINANCE NO. 1586, CODE OF ORDINANCES TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS. WHEREAS, The City of Fairhope desires to ensure proper construction standards are u tilized to provide for adequate health, public safety, and welfare of our citizens; and, WHEREAS, The City of Fairhope desires to be competitive in the user fees charged so as to adequately cover the expenses incurred by the City in enforcing established construction standards; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRHOPE, ALABAMA: 1. THAT, the following schedule of user charges are hereby adopted: New Construction Permit Fees Fees residential commercial Building Permit Fee $5.00 per $1000.00 of project value (min $25.00) $6.00 per $1000.00 of project value (min $100.00) ($1.00 per $1000.00 of value additional fee for non-residential construction in compliance with Alabama Act 2015-308) Electrical Permit Fee $75.00 $1.00 per $1000 of value (min $100.00) Temporary Elect. Fee $25.00 $25.00 Plumbing Permit Fee $75.00 $1.00 per $1000 of value (min $100.00) Mechanical Permit Fee $75.00 $1.00 per $1000 of value (min $100.00) Security/Structured Wire $25.00 $ .50 per $1000 of value (min $25.00) New Construction Permit Fees Fees residential commercial Sewer Tap Inspection Fee $25.00 $50.00 Gas Permit Fee $40.00 $75.00 Plan Review Fee $50.00 (For informal reviews with no contractor of record listed, a review fee of $200.00 will be charged) $2.50 per $1000.00 (For informal reviews with no contract, fee will be charged at calculated rate with construction costs determined by ICC Building Code Valuation Tables) (For projects sent for 3rd party review, the review fee shall be either the cost of the review or the standard charge of $2.50/$1000, whichever is greater) Fence Permit Fee $5.00 per $1000.00 of value (min $25.00) $5.00 per $1000.00 of value (min $25.00) Sign Permit Fee N/A $5.00 per $1000.00 of value (min $25.00) Demolition Permit Fee $25.00 $25.00 Reinspection Fees $100.00 for the first reinspection, $200.00 for the second reinspection, $300.00 for the third reinspection. All fees must be paid in person at the Building Department. Swimming Pool Fees $50.00 $100.00 Name of electrical contractor and electrical permit required for issuance of Swimming Pool Permit Page 75 of 253 Fine for continuing work without approved inspections $500.00 per occurrence. Fine shall be paid in person at the Building Department and contractor/owner must correct all noted deficiencies Roofing Permit Fee $5.00 per $1000.00 of value (min $25.00) $5.00 per $1000.00 of value (min $25.00) Remodeling Permit Fees Fees Project value $0.00 - $5,000.00 Project Value $5,001.00 - $20,000.00 Building Permit Fee $25.00 $6.00 per $1000.00 of value ($1.00 per $1000.00 of value additional fee for non-residential construction in compliance with Alabama Act 2015-308) Electrical Permit Fee $25.00 $35.00 Temporary Elect. Fee $25.00 $25.00 Plumbing Permit Fee $25.00 $35.00 Mechanical Permit Fee $25.00 $35.00 Sewer Tap Inspection Fee $25.00 $25.00 Gas Permit Fee $25.00 $25.00 Fees $20,001.00 - $50,000.00 $50,001.00 - above Building Permit Fee $5.00 per $1000.00 $6.00 per $1000.00 ($1.00 per $1000.00 of value additional fee for non-residential construction in compliance with Alabama Act 2015-308) Electrical Permit Fee $50.00 new construction rates Temporary Elect. Fee $25.00 new construction rates Plumbing Permit Fee $50.00 new construction rates Mechanical Permit Fee $50.00 new construction rates Sewer Tap Inspection Fee $25.00 new construction rates Gas Permit Fee $35.00 new construction rates Building Moving Permit Fees Building Moving Permit $50.00 Required Police Escort $300.00 (minimum) Required Utility Department Work $120.00 per hour (minimum of 3 hours) Regulations governing the moving of existing buildings are outlined in City Ordinance 1035 Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. Page 76 of 253 2. SEVERABILITY CLAUSE, If any subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. EFFECTIVE DATE, This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 14TH DAY of AUGUST, 2017 Page 77 of 253 ORDINANCE NO. 1804 AN ORDINANCE TO AMEND ORDINANCE NO. 1599 , CODE OF ORDINANCES TO ALTER THE SCHEDULE OF FEES FOR CONSTRUCTION AND BUILDING PERMITS. WHEREAS T h e City of Fairhop e d es ires to en sure prop er cons tru cti on standards are utili ze d to provide for ad equ ate h ealth, publi c safety, and we l far e of our ci ti zens; and , WHEREAS , T h e Ci ty of Fairhope des ires to b e competiti ve in the u ser fees charged so as to adequ atel y cover the exp en ses in curre d by the City i n en forcing establi shed construct i on stan dards; NOW THEREFORE , BE IT ORDAINED BY THE CITY OF FAIRHOPE , ALABAMA: 1. THAT , th e fo ll owin g sch edul e of user charges ar e h ereby adopted : New Con stru ction Pe rmi t Fees Fees residential commercial $6 .00 per $1000.00 of project value $6 .00 per $1000 .00 of project value Building Permit Fee (minimum of $100 .00) (minimum of $100 .00) $1 . 00 per $1000 of project value Electrical Permit Fee $75 .00 (minimum of $100 .00) Temoorarv Elect. Fee $25 .00 $25.00 $1.00 per $1000 .00 of project value Plumbing Permit Fee $75 .00 (minimum of $100 .00) $1.00 per $1000.00 of project value Mechanical Permit Fee $75 .00 (minimum of $100.00) Secu rity/Stru ctured Wi re/ Fire Alarm sta nd alone $ .50 per $1000 .00 of project value perm it $25 .00 (minimum of $50 .00) Fire Suppression hood (sta nd alone oroiect) N/A $1 .00 per $1000.00 of project value Sprinkler System $50 .00 $1 .00 oer $1000 of project value Food Truck lnsoections N/A $50.00 $5 .00 per $1000 .00 of project value , Generator $100 .00 (minimum of $200 .00) Sewe r Tao Inspection Fee $25 .00 $50.00 Fee determ in ed by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) $2.50 per $1000 .00 of project value (For informal reviews , fee may be charged as calculated using the ICC Building Code Valuation Tab les . $75 .00 3rd party reviews shall be either the (For informal reviews with no cost of the review or the standard contractor of record listed , a review charge of $2 .50/$1000 , whichever is Plan Review Fee fee of $200 .00 mav be charged) greater) $5.00 per $10 00 .00 of value (min $5 .00 per $1000.00 of project value Fence Perm it Fee $25 .00) (minimum of $50 .00) $5.00 per $1000.00 of project value Sian Perm it Fee N/A (minimum of $50 .00) New Construction Permit Fees Fees residential commercial Demolition Perm it Fee $25 .00 $50.00 $100.00 for the first reinspection , $200 .00 for the second reinspection , Re insoection Fees $300.00 fo r the third reinsoection . $5 .00 per $1000 .00 of project value $5 .00 per $1000 .00 of project value Roofina Permit Fee (minimum of $25 .00) (minimum of $50 .00) Page 78 of 253 Ord inance No . 1804 Page -2- SwimminQ Pool Fees $100 .,00 $250 .00 Remodeling Permit Fees (residential and commercial) Project value Project Value Fees $0.00 -$5,000.00 $5,001.00 -$20,000.00 $5 .00 per $1000 .00 of project value (residential) $6 .00 per $1000 .00 of project value BuildinQ Permit Fee $25 .00 (commercial) Electrical Permit Fee $25 .00 $35.00 T emoorarv Elect. Fee $25 .00 $25.00 Plumbin!l Permit Fee $25 .00 $35.00 Mechanical Permit Fee $25 .00 $35 .00 Sewer Tao Inspection Fee $25 .00 $25.00 Fee determined by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) Fees $20,001.00 -$50,000.00 $50,001.00 -above $5 .00 per $1000.00 of project value $5 .00 per $1000 .00 of project value (residential) (residential) $6 .00 per $1000 .00 of project value $6 .00 per $1000 .00 of project value Building Permit Fee (commercial) (commercial) Electrical Permit Fee $50 .00 new construction rates Temporary Elect. Fee $25 .00 new construction rates PlumbinQ Permit Fee $50 .00 new construction rates Mechanical Permit Fee $50 .00 new construction rates Sewer Tap Inspection Fee $25 .00 new construction rates Fee determined by Gas Dept Fee determined by Gas Dept Gas Permit Fee (Ordinance 1701) (Ordinance 1701) Fee determined by Public Works Dept Fee determined by Public Works Dept Riqht of Wav Permit Fee (Ordinance 1757) (Ordinance 1757) Building Moving Permit Fees Building Moving Permit $50 .00 Required Police Escort $300 .00 (minimum) Required Utility Department Work $120.00 per hour (minimum of 3 hours) Requlations qoverninq the movinq of existinq buildinqs are outlined in City Ordinance 1035 A convenience fee for all credit cards charges may apply and will be assessed directly by the credit card processing vendor . FINES AND PENAL TIES Where work for which a permit is required by this Code is started or proceeds prior to obtaining a permit , the fees herein specified shall be doubled . The payment of such double fees shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein . Fine for continuing work without a1212roved ins12ections $500 .00 fine per occurrence may be assessed to the applicant or contractor of record for beginning or continuing work without approved permits or inspections , as determined by the Building Official. After the 2nd documented case , further permit submittals from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court. Page 79 of 253 J -~~ ~~ .5 ~ i .r:. ..!!! ]5 ::::, D... .~ "E 0 Ordinance No . 1804 Page -3- Fine for submitting incorrect contractors on a Qermit aQQlication $100 .00 fine per occurrence may be assessed if an inspection is scheduled and performed with an incorrect subcontractor listed on the permit , as determined by the Building Offic ial. There will be no fine or charge for contractor changes submitted to the Building Department prior to any inspection beinQ performed . OccUQ:l£ing a Structure without a Certificate of OccuQanc:l£ {CO} $500 .00 fine may be assessed to the applicant or contractor of record if a structure is occupied prior to the issuance of a CO , as determined by the Building Official. Separate fines may be assessed for each day of occupancy without a CO . After the 2nd documented case , further permit applications from the applicant or contractor of record may be denied until the case has been adjudicated by the Fairhope Municipal Court . Refund PoliC:l£ Building Permit fees of $200.00 or greater may be refunded within 180 days of the expiration of the permit if no work has taken place . The refund policy only applies to primary building permit and Impact Fees , and a written request to refund the fees and void the permit must be submitted by the permit applicant. An administrative fee of $50 .00 will be deducted from the amount of the refund to be issued . 2. SEVERABILITY CLAUSE, If any sub se c tio n, se nten ce, cl au se, or phrase of thi s ordinance is for an y reaso n held to b e un co n stitution al or otherwi se in valid b y a co urt of co mp e ten t juri sdicti on , su ch dec isio n sh all no t affec t th e validity of th e re m ainin g po rtio n s of thi s o rdinan ce. 3. EFFECTIVE D ATE , Thi s ordinanc e shall tak e effect on Septemb er 1, 2024 up on its du e adoption and public ation as required by law . ADOPTED THIS 22 ND D Co r ey M artin , Counci l Pres id ent ATTE ST : Page 80 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1806 FROM: Jennifer Olmstead, Revenue Manager Sherry Sullivan, Mayor Kim Creech, CITY TREASURER SUBJECT: An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council adopts An Ordinance to amend Ordinance No. 1233 known as the City of Fairhope Business License Code, Chapter 8, Section 22. License Classifications. BACKGROUND INFORMATION: The Code of Ordinance, City of Fairhope, Alabama, Section 22 is hereby amended to reflect the addition of the following NAICS codes with fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 459991 Tobacco, Electronic Cigarette, and other Smoking Supplies Retailer C 424940 Tobacco Product and Electronic Cigarette Merchant Wholesaler E BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: FOLLOW UP IMPLEMENTATION: Page 81 of 253 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 82 of 253 ORDINANCE NO. ____ AN ORDINANCE TO AMEND ORDINANCE NO. 1233, KNOWN AS THE BUSINESS LICENSE CODE OF THE CITY OF FAIRHOPE SCHEDULE OF LICENSES AND FEES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: AMENDING CHAPTER 8 Section 22. License classifications. By amending/adding the following: The Code of Ordinance, City of Fairhope, Alabama, Section 22 is hereby amended to reflect the addition of the following NAICS codes with fee schedule. CODE NAICS TITLE; SUGGESTED LICENSE GROUPING SCHEDULE 459991 Tobacco, Electronic Cigarette, and other Smoking Supplies Retailer C 424940 Tobacco Product and Electronic Cigarette Merchant Wholesaler E The Balance of Chapter 8 – Article 1. – Business License Code, Taxes and Regulations, (Sections 8-1 through 8-29) remains as written and codified in the City of Fairhope Code of Ordinances. Severability. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED AND APPROVED THIS 22ND DAY OF SEPTEMBER, 2025 _________________________________ Jack Burrell, Council President ATTEST: _________________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 22ND DAY OF SEPTEMBER, 2025 ________________________________ Sherry Sullivan, Mayor Page 83 of 253 Page 84 of 253 Page 85 of 253 Page 86 of 253 Page 87 of 253 Page 88 of 253 Page 89 of 253 Page 90 of 253 Page 91 of 253 Page 92 of 253 Page 93 of 253 Page 94 of 253 Page 95 of 253 Page 96 of 253 Page 97 of 253 Page 98 of 253 Page 99 of 253 Page 100 of 253 Page 101 of 253 Page 102 of 253 Page 103 of 253 Page 104 of 253 Page 105 of 253 Page 106 of 253 Page 107 of 253 Page 108 of 253 Page 109 of 253 Page 110 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1807 FROM: Jennifer Olmstead, Revenue Manager Sherry Sullivan, Mayor Kim Creech, CITY TREASURER SUBJECT: An Ordinance to Levy a Local Excise Tax and Require Business Licenses for the Sale of Consumable Vapor Products in the Corporate Limits and the Police Jurisdiction of the City of Fairhope. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council adopts An Ordinance to Levy a Local Excise Tax and Require Business Licenses for the Sale of Consumable Vapor Products in the Corporate Limits and the Police Jurisdiction of the City of Fairhope. BACKGROUND INFORMATION: WHEREAS, pursuant to Title 11, Chapter 51, Article 2 of the Code of Alabama, 1975, municipalities are granted the authority to license and tax businesses operating within their jurisdiction; and WHEREAS, the City of Fairhope desires to establish an excise tax on consumable vapor product wholesalers and retailers; and a gross-receipts-based business license requirement for wholesalers and retailers of consumable vapor products, in accordance with current state law. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 111 of 253 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 112 of 253 ORDINANCE NO. _____ AN ORDINANCE TO LEVY A LOCAL EXCISE TAX AND REQUIRE BUSINESS LICENSES FOR THE SALE OF CONSUMABLE VAPOR PRODUCTS IN THE CORPORATE LIMITS AND POLICE JURISDICTION OF THE CITY OF FAIRHOPE WHEREAS, pursuant to Title 11, Chapter 51, Article 2 of the Code of Alabama, 1975, municipalities are granted the authority to license and tax businesses operating within their jurisdiction; and WHEREAS, the City of Fairhope desires to establish an excise tax on consumable vapor product wholesalers and retailers; and a gross-receipts-based business license requirement for wholesalers and retailers of consumable vapor products, in accordance with current state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS: SECTION 1. Definitions. The following terms, as used in this article, shall have the respective meanings as follows: a. "City" shall mean the City of Fairhope, an Alabama municipal corporation. b. "Person" shall include every individual, partnership, limited liability company, association, limited liability partnership, or other form of organization engaged in any for-profit or not-for-profit activity. c. “Consumable Vapor Product” shall mean and have the same meaning as the term is defined in Section 40-23-1, Code of Alabama 1975 d. “Vapor Product” shall mean and have the same meaning as the term is defined in Section 40-23-1, Code of Alabama e. “Wholesaler” shall mean any person or business entity who sells consumable vapor products to retailers and not to end-users. f. “Retailer” shall mean any person or business entity who sells consumable vapor products to individual consumers or to the end-user, whether from a storefront or online, and regardless of location. g. “Gross Receipts” shall mean the total revenue received from the sale of consumable vapor products from all sources and before deductions. h. “Milliliter (mL)” shall mean one thousandth of a liter, which is typically the unit of measure used for the volume of consumable vapor products sold or distributed. i. “Business license” shall mean an annual license issued by the City for the privilege of doing any kind of business, trade, profession, or any other activity in the City. SECTION 2. Excise Tax Imposed. Every person who sells consumable vapor products, whether as a retailer, wholesaler, or both, shall pay an excise tax to the City, which is hereby fixed and established as follows: Page 113 of 253 Ordinance No. _____ Page -2- • Ten cents ($0.10) per milliliter (mL) of consumable vapor products sold or delivered by them within the corporate limits of the City; and • Five cents ($0.05) per milliliter (mL) of consumable vapor products sold or delivered by them outside the corporate limits but within the City's police jurisdiction. SECTION 3. Exemptions from subsequent Excise Tax. The excise tax established in Section 2 of this Ordinance shall only be charged one time on each unit of a consumable vapor product, thus, if a Wholesaler or Retailer purchases consumable vapor products from a Wholesaler who has already paid the City the excise tax as outlined in Section 2 above, no additional excise tax on the re- sale of such consumable vapor products shall be owed. However, to qualify for this exemption, such person must submit a sworn written statement to the Revenue Director or their designee by the 20th of each month, detailing: • All purchases of consumable vapor products made by such person in the preceding calendar month (Wholesaler’s name, address, date of purchase, description of products, quantity of products); and • Proof of the payment of the excise tax for the consumable vapor products by the Wholesaler to the City. SECTION 4. Monthly Statement of Sales Required. Each Wholesaler or Retailer of consumable vapor products shall submit a sworn written statement to City or its designee by the 20th day of each month, providing: 1. The quantity in milliliters (mL) of all consumable vapor products sold or delivered by them within the corporate limits of the City; and 2. The quantity in milliliters (mL) of all consumable vapor products sold or delivered by them outside the corporate limits but within the police jurisdiction of the City; SECTION 5. Required Business Licenses. Each person desiring to engage in the wholesale or retail sale of consumable vapor products in the City and/or in its police jurisdiction must first obtain a business license from the City under the applicable category: • Retailers of consumable vapor products must be licensed under NAICS 459991: Tobacco, Electronic Cigarette, and other Smoking Supplies Retailer with license fee calculated based on Schedule C of Chapter 8, Section 8-23, Code of Fairhope, Alabama. • Wholesalers of consumable vapor products must be licensed under NAICS 424940: Tobacco Product and Electronic Cigarette Merchant Wholesaler with license fee calculated based on Schedule E of Chapter 8, Section 8 -23, Code of Fairhope, Alabama. The license must be renewed annually and remains subject to all provisions of the City’s general business licensing ordinance. Page 114 of 253 Ordinance No. _____ Page -3- SECTION 6. Out-of-City Wholesalers or Retailers. Wholesalers or Retailers without a physical business location in the City or in its police jurisdiction who sell or deliver consumable vapor products within the police jurisdiction or corporate limits of the City must first obtain the required Fairhope business license and must fully comply with the filing and tax remittance requirements of the Code of Fairhope, Alabama. SECTION 7. Failure to File or Submitting False Statements. Any person who fails to file the required monthly statement, submits false information, or who fails to first obtain a business license before selling or distributing consumable vapor products shall be subject to a fine of $500 per offense. Each day the person is in violation shall constitute a separate offense. In addition, such person shall be subject to their business license being revoked (if they have one) or not issued until all fines, penalties, and interest have been paid. SECTION 8. Payment Deadlines and Penalties. The excise tax imposed by this ordinance is due on the 1st day of each month and must be paid no later than the 20th day of the same month. Failure to file and/or pay on time shall be considered a continuing offense, and each day shall constitute a separate offense. A penalty of fifteen (15) percent shall be added to any delinquent tax payment and interest shall be charged to any delinquent tax payment computed at the same rate as provided by Section 40-1-44, Code of Alabama 1975. SECTION 9. Duty to permit inspection and produce records. Upon demand, it shall be the duty of all persons selling or distributing consumable vapor products in the corporate limits or police jurisdiction of the City to: (a) Permit the designee of the City to enter and to inspect all portions of their place or places of business for the purposes of enabling said municipal designee to gain such information as may be necessary or convenient for determining the proper license classification, determining the correct amount of the excise tax, and/or determining their compliance with City ordinances, codes, and regulations; (b) Furnish information, during reasonable business hours, at the person's place or places of business, all books of account, invoices, papers, reports and memoranda containing entries showing amount of purchases, sales receipts, inventory and other information from which the correct license tax classification of such person may be ascertained and the correct amount of excise tax to which they are subject may be determined, including exhibition of bank deposit books, bank statements, copies of sales tax returns to the State of Alabama, copies of Alabama income tax returns and federal income tax returns. Refusal to provide these documents is a violation of this ordinance. SECTION 10. Penalties for Violations. Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine not to exceed $500.00 for each offense, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, pursuant to the Section 1-8, Code of the City of Fairhope, Alabama with each day constituting a separate offense. Page 115 of 253 Ordinance No. _____ Page -4- SECTION 11. No Impact on General Business License Ordinance. This ordinance does not repeal any part of the City’s existing Business License Ordinance. Taxes established herein are additional and cumulative to any other applicable license requirements. SECTION 12. No Retroactive Effect. This ordinance does not affect violations committed under prior ordinances or the validity of any bond or deposit made under prior rules. All such obligations remain in effect for their prescribed terms. SECTION 13. Severability The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 14. Effective Date This ordinance shall become effective on October 1, 2025 following its adoption and lawful publication. ADOPTED AND APPROVED THIS 22ND DAY OF SEPTEMBER, 2025 ________________________________ Jack Burrell, Council President ATTEST: _______________________________ Lisa A. Hanks, MMC City Clerk ADOPTED AND APPROVED THIS 22ND DAY OF SEPTEMBER, 2025 ________________________________ Sherry Sullivan, Mayor Page 116 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1811 FROM: Richard Johnson, CITY ENGINEER SUBJECT: The selection by Mayor Sherry Sullivan for Mark B. Hammond, Architect, for Professional Architectural & Engineering Services for a 3rd Peer Review of Design by Adams & Stewart for 2022-PWI 004 HMGP Saferoom; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council approves the selection by Mayor Sherry Sullivan for Mark B. Hammond, Architect, for Professional Architectural & Engineering Services for a 3rd Peer Review of Design by Adams & Stewart for 2022-PWI 004 HMGP Saferoom; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. BACKGROUND INFORMATION: The City Engineer, Richard Johnson, is requesting the hiring of a firm to perform a peer review for the FEMA Safe Room Design as required by the FEMA grant. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: Architectural, Civil Engineering, Structural Engineering and MEP Review. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 103-55888 Capital Projects - Safe Room TBD TBD TBD GRANT: Page 117 of 253 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 118 of 253 RESOLUTION NO. _____ BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: [1] That the City Council approves the selection by Mayor Sherry Sullivan for Mark B. Hammond, Architect, for Professional Architectural & Engineering Services for a 3rd Peer Review of Design by Adams & Stewart for 2022-PWI 004 HMGP Saferoom; and hereby authorizes Mayor Sullivan to negotiate the not-to-exceed fee to be approved by Council. DULY ADOPTED THIS 22ND DAY OF SEPTEMBER, 2025 _________________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 119 of 253 Sherry Sullivan Mayor Council Members: Kevin G. Boone Jack Burrell, ACMO Jimmy Conyers Corey Martin Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech Treasurer 61 North Section St. PO Box 429 Fairhope, AL 36533 251-928-2136 (p) MEMO To: Lisa Hanks, City Clerk Kim Creech, Treasurer From: ______________________________ Erin Wolfe, Purchasing Manager Date: September 16, 2025 Re: RFQ PS25-037 – Professional Architectural and Engineering Services – FEMA Safe Room Design 3rd Party Peer Review The City Engineer, Richard Johnson, is requesting the hiring of a firm to perform a peer review for the FEMA Safe Room Design as required by the FEMA grant. Per our Procedure for Procuring Professional Services, Richard Johnson and I are providing firms for the Mayor to select from for the work. The proposed scope of work shall include: Architectural, Civil Engineering, Structural Engineering and MEP Review. Please move this procurement of professional services forward to the Mayor for the selection of a professional service provider. The short list is: _____________ ___________ Mark Hammond, Architect _____________ ___________ None. Submit another list Cc: file, Richard Johnson, Mayor Sherry Sullivan Sep 17, 2025 Page 120 of 253 Memo to choose - Prof. Srvcs - FEMA Safe Room Peer Review Final Audit Report 2025-09-17 Created:2025-09-16 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAACh26tukebPjTs5F51GJiUI3irI8YNfQR "Memo to choose - Prof. Srvcs - FEMA Safe Room Peer Review " History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-09-16 - 9:16:12 PM GMT Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-09-16 - 9:16:36 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-09-17 - 12:20:45 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-09-17 - 3:49:53 PM GMT - Time Source: server Agreement completed. 2025-09-17 - 3:49:53 PM GMT Page 121 of 253 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. MARK B. HAMMOND, ARCHITECT 1207 CAPTAIN O''NEAL DRIVE DAPHNE AL 36526 (251) 209-3649 Click or tap here to enter text. Click or tap here to enter text. 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? Professional A&E Services – 3rd Party Peer Review of Design 2. What is the total cost of the item or service? Estimate - $7,500.00 to $10,000.00 – 10% City and 90% FEMA 3. How many do you need? Required by FEMA – Peer review of Adams & Stewart - 2022-PWI 004 HMGP Saferoom 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): MARK B. HAMMOND, ARCHITECT 6. Vendor Number: Unkown 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? $2,704.097.00 (in the aggregate - unencumbered) 3. Budget code: 103-55888 Line 10 – Safe Room - at 10/90 FEMA actual $750.00 to $1,000.00 estimated cost Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 122 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1789 FROM: Erik Cortinas, BUILDING OFFICIAL SUBJECT: The Building Official, Erik Cortinas, is requesting the hiring of a professional consulting firm for RFQ PS25-007 Professional Consulting Services for 3rd Party Review of Construction Documents. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve Mayor Sherry Sullivan to execute a contract for Extension No. 1 for (RFQ PS25-007) Professional Consulting Services for 3rd Party Review of Construction Documents with International Code Council Inc. and increase the annual cost not-to- exceed $35,000.00. BACKGROUND INFORMATION: The Building Official, Erik Cortinas, is requesting the extension of the contract for a professional consulting firm for RFQ PS25-007 Professional Consulting Services for 3rd Party Review of Construction Documents. Mayor Sullivan selected International Code Council Inc. (ICC) to perform the professional service. The fees for the plan review are based on building code data, such as square footage, occupancy classification, construction type, etc.and are building specific. The Building Official is requesting to increase the annual contract cost to Thirty-Five Thousand Dollars ($35,000.00). Previous Council Actions: October 28, 2024: Resolution No. 5236-24 to approve the selection of International Code Council Inc. to perform Professional Consulting Service for 3rd Party Review of Construction Documents for (RFQ PS25-007) for the Building Department, and authorizes Mayor Sherry Sullivan to execute a contract with a not-to-exceed amount of $16,131.20. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 123 of 253 001130- 50290 Building - Professional Services $35,000.00 $35,000.00 $0.00 GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 124 of 253 RESOLUTION NO. ________ as follows: [1] That Mayor Sherry Sullivan is hereby authorized to execute a contract for Extension No. 1 for (RFQ PS25-007) Professional Consulting Services for 3rd Party Review of Construction Documents with International Code Council Inc. and increase the annual cost not-to-exceed $35,000.00. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 125 of 253 RESOLUTION NO. 5236-24 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: [ 1] That the City Council approves the selection of International Code Council Inc. to perform Professional Consulting Services for 3rd Party Review of Construction Documents for (RFQ PS25-007) for the Building Department, and hereby authorizes Mayor Sherry Sullivan to execute a contract wit t-to-exceed amount of $16 ,131.20 . Corey Martin, Council President Attest: Page 126 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1794 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to approve the award of the Request for Quotes for Labor for the two finger piers at the Municipal Pier. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for Labor for the two finger piers at the Municipal Pier to Stewart Marine & Construction, LLC, for the low bid not-to-exceed cost of $19,300.00 plus $2,000.00 contingency for any unforeseen issues that may arise during installation. Authorize Treasurer to transfer $19,300.00 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting approval for the procurement of Labor for the two finger piers at the Municipal Pier. 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 Stewart Marine & Construction, LLC. The Director of Public Works requests approval to award the Request for Quote to Stewart Marine & Construction, LLC for the not-to-exceed cost of Nineteen Thousand Three Hundred Dollars ($19,300.00). The Director of Public Works is requesting approval for the not-to-exceed cost of Nineteen Thousand Three Hundred Dollars ($19,300.00) plus Two Thousand Dollars ($2,000.00) contingency for any unforeseen conditions discovered after the work is started. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50475 Streets - Capital Improvements $0.00 $19,300.00 ($19,300.00) Page 127 of 253 Authorize Treasurer to transfer $19,300.00 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). 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 128 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor for the rebuilding of the two finger piers at the Municipal Pier to Stewart Marine & Construction, LLC for a not-to-exceed cost of $19,300.00 plus $2,000.00 contingency for unforeseen issues. 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 $19,300.00 in FY2025 Budget from Streets – Material & Landscaping (001350- 51410) to Streets – Capital Improvements (001350-50475). DULY ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 129 of 253 Page 130 of 253 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov PUR-004 100621 CITY OF FAIRHOPE PURCHASING DEPARTMENT REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A $5,001 and greater Operational -Budgeted Three Council Required Required $5,001 – 7,500 Operational Budgeted Three Treasurer N/A N/A $7,501 - $15,000 Operational Budgeted Three Finance/Treasurer/ Mayor N/A N/A 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? Labor to install/build finger piers on municipal pier 2. What is the total cost of the item or service? $19,300.00 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Sewart Marine & Construction 6. Vendor Number: 8145 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. 1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 3. Budget code: Email completed form with quotes and other supporting documentation to Cory.Pierce@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 131 of 253 Page 132 of 253 Page 133 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1793 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to procure materials for the two finger piers at the Municipal Pier. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for materials for the two finger piers at the Municipal Pier to O’Neal Steel Company for the low bid cost of $4,948.42 plus $1,000.00 for contingency for any design changes caused by unforeseen issues. Total not-to-exceed cost of $5,948.42. Authorize Treasurer to transfer $4,948.42 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting approval for the procurement of materials for the two finger piers at the Municipal Pier. 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 O’Neal Steel Company. The Director of Public Works requests approval to award the Request for Quote to O’Neal Steel Company for the cost of Four Thousand Nine Hundred Forty-Eight Dollars and Forty-Two Cents ($4,948.42). Plus the Director of Public Works is requesting approval of contingency of $1,000.00 for any unforeseen issues that would cause a change in design. The total not-to-exceed cost to award is Five Thousand Nine Hundred Forty-Eight Dollars and Forty-Two Cents ($5,948.42). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50475 Streets - Capital Improvements $0.00 $4,948.42 ($4,948.42) Page 134 of 253 Authorize Treasurer to transfer $4,948.42 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). 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 135 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Materials for the rebuilding of the two finger piers at the Municipal Pier to O’Neal Steel Company for a not-to-exceed cost of $4,948.42 plus $1,000.00 contingency for unforeseen issues with the design. 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 $4,948.42 in FY2025 Budget from Streets – Material & Landscaping (001350-51410) to Streets – Capital Improvements (001350-50475). DULY ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 136 of 253 Page 137 of 253 Page 138 of 253 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov PUR-004 100621 CITY OF FAIRHOPE PURCHASING DEPARTMENT REQUEST FORM Under $5,000 No restrictions Not Required N/A N/A N/A $5,001 and greater Operational -Budgeted Three Council Required Required $5,001 – 7,500 Operational Budgeted Three Treasurer N/A N/A $7,501 - $15,000 Operational Budgeted Three Finance/Treasurer/ Mayor N/A N/A 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? Materials for rebuilding the two finger piers 2. What is the total cost of the item or service? $4,948.42 3. How many do you need? 1 4. Item or Service Is: ☐ New ☐ Used ☒ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): O’Neal Steel Company 6. Vendor Number: 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. 1. Is it budgeted? ☐ Yes ☒ No ☐ Emergency Request 2. If budgeted, what is the budgeted amount? 3. Budget code: Email completed form with quotes and other supporting documentation to Cory.Pierce@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 139 of 253 Page 140 of 253 Page 141 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1801 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting to procure galvanizing services for materials for the rebuilding of two finger piers at the Municipal Pier. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the procurement of galvanizing services for materials for the rebuilding of two finger piers at the Municipal Pier from AZZ Galvanizing - Moss Point for a cost of $0.53 per pound, and an estimated total cost of $3,000.00. Authorize Treasurer to transfer $3,000.00 in FY2025 Budget from Streets - Material & Landscaping (001350- 51410) to Streets - Capital Improvements (001350-50475). BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting to procure galvanizing services for materials for the rebuilding of two finger piers at the Municipal Pier. The galvanizing service from AZZ Galvanizing - Moss Point will be Fifty-Three Cents ($0.53) per pound for an estimated total cost of Three Thousand Dollars ($3,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001350- 50475 Streets - Capital Improvements $0.00 estimated $3,000.00 ($3,000.00) Authorize Treasurer to transfer $3,000.00 in FY2025 Budget from Streets - Material & Landscaping (001350-51410) to Streets - Capital Improvements (001350-50475). GRANT: N/A LEGAL IMPACT: Page 142 of 253 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 143 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the procurement of galvanizing services for materials for the rebuilding of the two finger piers at the Municipal Pier to AZZ Galvanizing – Moss Point for $0.53 per pound, for an estimated cost of $3,000.00. 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 $3,000.00 in FY2025 Budget from Streets – Material & Landscaping (001350-51410) to Streets – Capital Improvements (001350-50475). ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 144 of 253 Estimated total Cost $3,000.00 Page 145 of 253 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. 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- Galvanizing of the material for the finger piers 2. What is the total cost of the item or service? $3,000.00 3. How many do you need? One 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): AZZ Galvanizing Moss Point 6. Vendor Numer # 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? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 146 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1799 FROM: George Ladd , PUBLIC WORKS DIRECTOR SUBJECT: The Director of Public Works, George Ladd, is requesting approval of Change Order No. 1 for the repair of the Travis walking floor trailer for the Sanitation Department. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve Change order No. 1 for the repair of a Travis walking floor trailer for the Sanitation Department with Gulf City Body and Trailer Works, Inc. for the cost of $10,477.50. This will bring the total cost of the repair to $40,436.00. BACKGROUND INFORMATION: The Director of Public Works, George Ladd, is requesting approval of Change Order No. 1 for the repair of the Travis walking floor trailer for the Sanitation Department. Change Order No. 1 is required due to unforeseen conditions that were discovered after the floor was removed from the trailer. The change order will cover labor and materials for: • Remove three driver set from trailer. Install new cross drive set with cylinder mounts and drivers on top. Remove and replace five cross members from front of trailer and install top plate with new king pin. • Remove and replace seven damaged/worn cross members at rear of trailer and install new cross members. Install new sub floor at rear of trailer for walking. The change order cost with Gulf City Body and Trailer Works, Inc. will be Ten Thousand Four Hundred Seventy-Seven Dollars and Fifty Cents ($10,477.50). The new total repair cost will be Forty Thousand Four Hundred Thirty-Six Dollars ($40,436.00). Previous Council Action: March 10, 2025 - Resolution No. 5397-25 approved the award of the Request for Quotes for Labor and Materials for the repair of a Travis Walking Floor Trailer for the Sanitation Department to Gulf City Body and Trailer Works, Inc. for the not-to-exceed cost of $29,958.50. Page 147 of 253 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 005030- 50440 Sanitation - Vehicle Maintenance $0.00 $10,477.50 ($10,477.50) GRANT: N/A LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 148 of 253 RESOLUTION NO. ________ [1] That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for unforeseen conditions for the repair of a Travis Walking Floor Trailer for the Sanitation Department with Gulf City Body and Trailer Works, Inc. for a cost of $10,477.50. The new total repair cost will be $40,436.00. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 149 of 253 Page 150 of 253 0102MW12670.04 ***Check*** Mobile 9/17/2025 12:55:17PM 12670 20328 Page 1 of 1 Invoice: Date / Hour: Repair Order: Customer: Branch: Total Invoice: $ 40,436.00 CITY OF FAIRHOPE 555 S. SECTION STREET FAIRHOPE, AL 36532 Office Phone: 251-928-5003 CITY OF FAIRHOPE P.O. DRAWER 429 FAIRHOPE, AL 36533 Bill To:Ship To: Work:251-929-0364251-928-5003 Fax: Customer P/O: 20253254 Completion Date: 08/05/2025Open Date: 03/31/2025 Salesperson:Add User: chelton Unit Number: 03376 Make/Model: Warren Equipment WRDT2430Model Year: 2023 Type: Dump - Aluminum Body Meter: 1 NoneVIN: 03376 1 WF1 WALKING FLOOR REPAIRS RepairTask:Department: CUSTOMER BROUGHT TRAILER IN WITH FLOOR NOT OPERATING PROPERLY . REMOVE AND REPLACE ALL FLOOR SLATS COMPLETE WITH NEW SEALS. REMOVE AND REPLACE TWELVE HUNDRED AND FIFTY PLASTIC BEARINGS UNDER FLOOR . REMOVE AND REPLACE T-BLOCKS AT REAR OF TRAILER FOR NEW FLOOR. UPON REMOVING FLOOR WE NOTIFIED THE CUSTOMER THAT THE REAR CROSS MEMBERS AND SUB FLOOR WERE DETERIORATED AND NEEDED TO BE REPAIRED . REMOVE AND REPLACE SIX ALUMINUM CROSS MEMBERS AT REAR OF TRAILER ABOVE SUSPENSION . REMOVE AND REPLACE SECTIONS OF SUBFLOOR AT REAR OF TRAILER . NOTIFIED CUSTOMER WHEN WE REMOVED THE DRIVERS THAT THEY WERE RUSTED IN HALF. THIS WAS NOT DETERMINED UNTIL WE PULLED THEM OUT COMPLETELY . REMOVE AND REPLACE NEW DRIVER SET FOR FLOOR. NOTIFIED CUSTOMER THAT THE UPPER COUPLER WAS RUSTED AS WELL . REMOVE AND REPLACE DAMAGED UPPER COUPLER WITH NEW KING PIN PLATE AND KING PIN. INSTALL NEW FLOOR IN TRAILER. RE-INSTALL CLOSE OUT IN FRONT OF TRAILER. INSTALL CUSTOMER FURNISHED TARP ON TRAILER . HOOK UP TRUCK AND CHECK FLOOR FOR PROPER OPERATION. Complaint: Parts Quote: 28,606.22Labor Quote: 9,690.00 Detail Tax Info: Sales Tax $0.00 $0.00 Total Parts: $28,606.22 Total Labor: $9,690.00 Total Freight: $2,139.78 True Net 30 10/17/2025 # Invoice Subtotal: Total Tax: Total Invoice: Due Date Terms Payment Method $40,436.00 $0.00 $40,436.00 ***Check*** Mobile, AL 36601 Post Office Box 144 Gulf City Body & Trailer Works, Inc. - Mobile Remit To ###Customer agrees to the terms of (NET 10th PROX.), and understands that unpaid accounts will be considered in default after 30 days, after which a finance charge will be imposed at 1.5% per month on unpaid balances. Customer agrees to pay the finance charge together with reasonable attorney's fees and cost of collection. Customer's Signature:______________________________________ Date:_______________________ Page 151 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1795 FROM: Daryl Morefield, WATER SUPERINTENDENT SUBJECT: The Superintendent of Water/Wastewater, Daryl Morefield, has requested to procure a qualified contractor to provide all materials, equipment, labor and incidentals for the inspection, cleaning, and pump refurbishment of Well No. 5. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the award of Bid No. 25-034 Well No. 5 Inspection, Cleaning and Pump Refurbishment to Layne, A Granite Company for a not-to-exceed cost of $300,000.00. BACKGROUND INFORMATION: A service bid was issued on July 18, 2025, posted to the City of Fairhope's website, and published in Gulf Coast Media. Three (3) responsive bids were received at the bid opening on August 14, 2025 at 10:00 a.m. The Superintendent of Water/Wastewater recommends the award be made to Layne, A Granite Company. Their low bid price for the Base Bid plus Alternate No. 1 is as follows: Base Bid : $272,000.00 Alternate No. 1 (Chemical Cleaning and Post Cleaning Video Inspection): $28,000.00 Their low bid price for the Base Bid plus Alternate No. 1 was Three Hundred Thousand Dollars ($300,000.00). BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59501-30 Water - System Improvement Plant/Wells $206,513.30 $300,000.00 ($93,486.70) GRANT: N/A Page 152 of 253 LEGAL IMPACT: N/A FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 153 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope did request, receive, and open bids for (Bid No. 25-034) Well No. 5 Inspection, Cleaning and Pump Refurbishment for the City of Fairhope Water and Wastewater Department. [2] At the appointed time and place, the following bids were opened and tabulated as follows: Contractor Base Bid Alternate 1 TOTAL Layne, A Granite Company $272,000 $28,000 $300,000 Morrow Water Technologies, Inc. $245,477 $78,735 $324,212 Donald Smith Company, Inc. $290,073 $79,621 $369,694 [3] After evaluating the bid proposals with the required bid specifications, Layne, A Granite Company is now awarded (Bid No. 25-034) for Well No. 5 Inspection, Cleaning and Pump Refurbishment for the City of Fairhope Water and Wastewater Department with a bid proposal not-to-exceed $300,000.00. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _________________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 154 of 253 2100 River Haven Drive Birmingham, AL 35244 P 205 987 7411 KrebsEng.com BIRMINGHAM HUNTSVILLE MONTGOMERY NEWNAN DAPHNE August 26, 2025 Mr. Daryl Morefield City of Fairhope 555 South Section Street Fairhope, AL 36532 Re: BID No. 25-034 -Well No. 5 Inspection, Cleaning and Pump Rehabilitation; Krebs Project No. 25302 Dear Daryl: Three (3) bids were received for the above-referenced project at 10:00 A.M., CDT, on August 14, 2025. The order of the bids received, beginning with the low bidder, is as follows: Contractor Base Bid Alternate 1 TOTAL Layne, A Granite Company $272,000 $28,000 $300,000 Morrow Water Technologies, Inc. $245,477 $78,735 $324,212 Donald Smith Company, Inc. $290,073 $79,621 $369,694 The Base Bid covers mechanical well cleaning, inspection videos, pump refurbishments, a temporary submersible pump, and installation of new discharge piping for the high service pump. Alternate 1 adds chemical cleaning if mechanical methods do not restore the well to acceptable operation. Krebs has reviewed the bids and determined that Layne A Granite Company meets the requirements of the low, responsible, responsive bidder as outlined in the Contract Documents. Attached is a copy of the certified bid tabulation for your records. Krebs recommends awarding the contract for the Well No.5 Inspection, Cleaning, and Pump Replacement for the low tendered bid amount of $300,000. Please contact us if you have any questions or comments. Sincerely yours, Krebs Engineering, Inc. By__________________________ D.Robert Vaughan, P.E. Associate cc: Krebs File No. 25302 Page 155 of 253 KREBS ENGINEERING, INC. 2100 RIVER HAVEN DRIVE BIRMINGHAM, AL 35244 205-987-7411 JOB NO.: 25302 DATE: AUGUST 14, 2025, 10:00 AM, LOCAL TIME OWNER: CITY OF FAIRHOPE Item No.Description of Item Units Unit Price Total Price for Item Unit Price Total Price for Item Unit Price Total Price for Item 1 Complete Mobilization/Demobilization (maximum of $20,000) Lump Sum LS $20,000.00 $20,000.00 $15,000.00 $15,000.00 $14,900.00 $14,900.00 2 Complete Pump Removal and Video Inspection LS $9,601.00 $9,601.00 $16,500.00 $16,500.00 $15,110.00 $15,110.00 3 Complete LS $48,289.00 $48,289.00 $41,500.00 $41,500.00 $42,512.00 $42,512.00 4 Complete LS $85,358.00 $85,358.00 $112,000.00 $112,000.00 $133,440.00 $133,440.00 5 Complete Remove and Refurbish High-Service Pump LS $53,240.00 $53,240.00 $44,000.00 $44,000.00 $43,976.00 $43,976.00 6 Complete Service Pump, City to Provide all piping LS $10,636.00 $10,636.00 $13,000.00 $13,000.00 $7,875.00 $7,875.00 7 Complete Temporary Sumbersible Well Pump Furnished, Installed, and Removed LS $18,353.00 $18,353.00 $30,000.00 $30,000.00 $32,260.00 $32,260.00 $245,477.00 $272,000.00 $290,073.00 ALTERNATES Item No. Quantity Description of Item Units Unit Price Total Price For Item Unit Price Total Price For Item Unit Price Total Price For Item 1 Complete Chemical Cleaning and Post Cleaning Video Inspection LS $78,735.00 $78,735.00 $28,000.00 $28,000.00 $79,621.00 $79,621.00 $324,212.00 $300,000.00 $369,694.00 "I hereby certify that this is a true tabulation of bids received by the City of Fairhope, Alabama on August 14, 2025 @ 10:00 AM, Local time for the Well No. 5 Inspection, Cleaning and Pump Rehabilitation Project." D. Robert Vaughan, P.E. Total Amount of Base Bid 1206218143 3720 N. Palafox Street5465-2 Buisiness Parkway Headland, AL 36345 Donald Smith Company, Inc. 746 East Main Street Layne ChristensenMorrow Water Technologies, Inc. DESCRIPTION: BID No. 25-034 - WELL No. 5 INSPECTION, CLEANING AND PUMP 12864 Pensacola, FL 32505Theodore, AL 36582 TOTAL AMOUNT Page 156 of 253 Page 157 of 253 PRF WTP 5 Well Rehab - Revised Final Audit Report 2025-03-06 Created:2025-03-06 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAsQ9lWqBiIsURHkigVyxjYYlS7aZsY6j6 "PRF WTP 5 Well Rehab - Revised" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-03-06 - 2:35:59 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-03-06 - 2:36:34 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-03-06 - 2:37:26 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-03-06 - 2:38:01 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-03-06 - 2:38:03 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-03-06 - 3:34:07 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-03-06 - 3:34:37 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-03-06 - 3:34:39 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-03-06 - 6:49:14 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-03-06 - 6:52:06 PM GMT - Time Source: server Agreement completed. 2025-03-06 - 6:52:06 PM GMT Page 158 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1798 FROM: Daryl Morefield, WATER SUPERINTENDENT Noel Berry, Utilities Engineer SUBJECT: Superintendent of Water/Wastewater, Daryl Morefield, and Utilities Engineer, Noel Berry, have requested Change Order No. 1 for the 8" Water Main at Portico Simpson project. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve Change Order No. 1 or the 8" Water Main at Portico Simpson project with W.R. Mitchell Contractor, Inc. for the cost of $20,500.00. The new total project cost will be $81,870.00. BACKGROUND INFORMATION: Superintendent of Water/Wastewater, Daryl Morefield, and Utilities Engineer, Noel Berry, have requested Change Order No. 1 for the 8" Water Main at Portico Simpson project. The initial scope of the project involved laying the water main along the right of way of the alley just northwest of the intersection of Brown St. and Stimpson Ave. The main could not be placed outside of the asphalt pavement due to conflicts with existing utilities. Placing the main within the street incurred additional expenses associated with the removal and replacement of the roadway. The change order cost will be Twenty Thousand Five Hundred Dollars ($20,500.00). The new total project cost will not-to- exceed Eighty-One Thousand Eight Hundred Seventy Dollars ($81,870.00). This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. Previous Council Action: May 12, 2025 - Resolution No. 5451-25 approved the award of the Request for Quotes for Labor and Materials for the installation of an 8-inch water main at Portico Simpson to WR Mitchell Contractor, Inc. for a not-to-exceed total project cost of $61,370.00. PO#20256500 issued 08/07/25. Page 159 of 253 BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 004010- 59500-20 Water - Distribution System $20,500.00 $20,500.00 $0.00 FY2025 Budget 004010-59500-20 has funding for "Water Distribution System main replacement and upgrades". 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: Treasury to increase PO. Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 160 of 253 RESOLUTION NO. ________ [1] That Mayor Sherry Sullivan is hereby authorized to execute Change Order No. 1 for the 8” Water Main at Portico Simpson with W.R. Mitchell Contractor, Inc. for a cost of $20,500.00 The new total project cost will be $81,870.00. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 161 of 253 Page 162 of 253 Page 163 of 253 Page 164 of 253 Page 165 of 253 Page 166 of 253 Page 167 of 253 RESOLUTION NO. 5451-25 BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows : [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Installation of an 8-Inch Water Main at Portico Simpson to WR Mitchell Contractor, Inc . for a not-to-exceed project cost of $61,370.00. This Public Works project will be less than $100 ,000 .00 , and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 12TH DAY OF MAY, 2025 Attest: 4~ City Clerk Page 168 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1802 FROM: Jeff Montgomery SUBJECT: The Director of Information Technology, Jeff Montgomery, is requesting of the installation of new CAT6 cabling throughout the Public Utilities Building located at 555 South Section Street, Fairhope, AL. from Network Cabling Services, Inc.; The procurement is exempt based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15). AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the procurement of the installation of new CAT6 cabling throughout the Public Utilities Building located at 555 South Section Street, Fairhope, AL from Network Cabling Services, Inc. The procurement is exempt based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15). The cost will not-to-exceed $76,150.00. BACKGROUND INFORMATION: The Director of Information Technology, Jeff Montgomery, is requesting approval of the procurement of installation of new CAT6 cabling throughout the Public Utilities Building located at 555 South Section Street, Fairhope, AL. from Network Cabling Services, Inc. Network Cabling Services, Inc shall provide labor and materials for the installation of new CAT6 cabling throughout the facility for the voice/data, camera, door controller, and other associated systems. New cabling will be installed in a new freestanding cabinet. The total cost will not-to-exceed Seventy-Six Thousand One Hundred Fifty Dollars ($76,150.00). The procurement is exempt based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15) Contractual services and purchases related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget Page 169 of 253 001160- 50470 IT - Purchases Vehicles & Equip $76,150.00 $76,150.00 $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 170 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope has voted to approve the procurement of the installation of new CAT6 cabling throughout the Public Utilities Building from Network Cabling Services, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41-16-51(15) “Contractual services and purchases related to, or having an impact upon, security plans, procedures, assessments, measures, or systems, or the security or safety of persons, structures, facilities, or infrastructures.” The cost will not-to-exceed $76,150.00. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 171 of 253 Network Cabling Services, Inc. www.ncscabling.com Page - 1 - 3720 North Pace Blvd. – Pensacola, FL - 32505 Office: 850-941-4200 Cell: 904-553-4400 Email: mcarter@ncscabling.com City of Fairhope City Department Building Structured Cabling Recabling #90-25071 Submitted To: City of Fairhope IT Attention: Jeff Montgomery 7/24/2025 Page 172 of 253 Network Cabling Services, Inc. www.ncscabling.com Page - 2 - SCOPE OF WORK NCS shall provide labor and materials for the installation of new CAT6 cabling throughout the facility for the voice/data, camera, door controller, and other associated systems. New cabling is to be installed in a new freestanding cabinet provided by NCS. Upon completion of installation of the new cabling, NCS shall assist with the cutover from the old cabling and then complete a full demolition of abandoned cabling. ❖ CAT6 Cable to be supported above ceiling using J-Hooks every 5’ attached to permanent building structure via appropriate hardware. ❖ CAT6 PVC 250 Mhz. Compliant Cable ❖ CAT6 cable to be terminated at location outlet with a CAT6 jack. (Color depending on Customer) ➢ Wall locations will utilize flush mounted face plate ➢ WAP locations will utilize a 1-port surface mount box ➢ Cubicle furniture locations will utilize a 4-port modular furniture face plate ❖ All CAT6 will homerun to their respective termination rooms ❖ MDF ➢ (1) 19” Enclosed 45RU Cabinet with Fan Kit ➢ (4) 48-Port CAT6 Punchdown Panels ➢ (5) Horizontal Front Only 2RU Wire Managers ➢ (1) 18” Ladder Rack Across Cabinet to Wall ❖ Grounding ➢ #6 AWG Green wire from cabinet to bus bar ➢ #6 AWG Green wire from ladder rack to bus bar ❖ Patch Cords ➢ (171) CAT6 Patch Cords for Cabinet included. Color and Length to be determined by customer. ➢ CAT6 Patch cords to be provided for location end as requested by customer. ❖ Backbone Fiber Optic ➢ (1) 12-Strand SM Fiber Optic Cable to be installed from existing demarcation point over to newly installed cabinet. All cassettes, enclosures, and adaptor panels as needed to be installed by NCS. ❖ Labeling ➢ CAT6 Cable to have wrap around labels at each termination point ▪ TR/Room/Patch Panel/Port ➢ Face plates to signify TR/Room/Patch Panel/Port ➢ Patch Panel to signify Patch Panel/ Port ➢ Fiber cable to have wrap around labels at each termination point ▪ Strand Count/Type/Room From/Room To ➢ Fiber LIU ▪ Strand Count/Type/Room From/Room To ❖ Testing ➢ CAT6 to be Certified with a Level 5 Fluke DSX ➢ Fiber to be Certified with a Level 5 Fluke DSX with fiber modules ❖ Warranty ➢ NCS will warranty all labor and materials for a period of 1 year from the date of acceptance of the system. ➢ 25 Year Manufacturer Warranty Page 173 of 253 Network Cabling Services, Inc. www.ncscabling.com Page - 3 - Exemptions: 1. All cabling inter/intra building pathways to be provided by others 2. Scissor lifts and scaffolding if required to be provided by others 3. Excludes all active Switch, WAP, Camera, and any other equipment & installation not specifically covered in this quote. Total $76,150.00 Page 174 of 253 Network Cabling Services, Inc. www.ncscabling.com Page - 4 - *Should Network Cabling Services, Inc. be required to obtain the services of an attorney to collect any sums which may be due under this contract and which are not paid, the Network Cabling Services, Inc. shall be entitled to all reasonable attorney’s fees on behalf of their counsel in bringing or enforcing any of their rights under this agreement, said fees to include Court costs and interest, and shall include cost and attorney’s fees for appellate work. All pricing is good for a 30-day period, if a change order is not accepted in writing within this period all wire, PVC products and all steel/metal products will have to be reprised at invoice plus mark -up for profit and overhead. This is a result of the continuously rising cost of these materials. Due to the volatile market, to save all parties involved (Owner, General Contractor, Electrical Contractor and NCS/Network Cabling Services, Inc.) and added cost associated with the continuous rising cost of all copper wire. Network Cabling Services, Inc. reserves the right (if approved by Owner/General Contractor) to purchase the wire and store it on site in a storage container provided by NCS. NCS would then ask to be paid with-in the first 30 days of the contract for this wire purchase. If not accepted by (Owner/General Contractor) NCS would then have the right to re -price all wire at invoice cost plus mark-up of profit and overhead at time of wire purchase. We at NCS feel that this is the best solution for all parties involved (General Contractor, Electrical Contractor and NCS) but mainly the Owner. Network Cabling Services, Inc. shall be entitled to a finance charge of 1 ½% per month on the unpaid balance of any amounts which are not paid within 30 days after the due date herein. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. No contingencies have been made for strikes, accidents or delays beyond our control. The owner is to carry fire, tornado, theft and other necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance. ____________________________________________________________ Printed Name ____________________________________________________________ Authorized Signature ____________________________________________________________ Date *Note: This proposal may be withdrawn by us if not accepted in 30 days. Thank you for the opportunity, Michael Carter Branch Manager Page 175 of 253 555 S Section Street / Fairhope, Alabama 36532 251.928.8003 (p) / www.FairhopeAL.gov COF-PUR-003 091321 CITY OF FAIRHOPE PURCHASING DEPARTMENT PROJECT REQUEST FORM Notes: Sherry Sullivan (Sep 10, 2025 16:36:19 CDT) Sherry Sullivan Page 176 of 253 Project Request Form Network Cable Utility Final Audit Report 2025-09-10 Created:2025-07-28 By:Erin Wolfe (erin.wolfe@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAA4XM1asrJtd4drv_C1IR0A_6Jv5358ltG "Project Request Form Network Cable Utility" History Document created by Erin Wolfe (erin.wolfe@fairhopeal.gov) 2025-07-28 - 3:56:42 PM GMT Document emailed to Suzanne Doughty (suzanne.doughty@fairhopeal.gov) for signature 2025-07-28 - 3:57:05 PM GMT Email viewed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) 2025-09-10 - 7:39:39 PM GMT Document e-signed by Suzanne Doughty (suzanne.doughty@fairhopeal.gov) Signature Date: 2025-09-10 - 7:43:12 PM GMT - Time Source: server Document emailed to Kimberly Creech (kimberly.creech@fairhopeal.gov) for signature 2025-09-10 - 7:43:14 PM GMT Email viewed by Kimberly Creech (kimberly.creech@fairhopeal.gov) 2025-09-10 - 8:49:01 PM GMT Document e-signed by Kimberly Creech (kimberly.creech@fairhopeal.gov) Signature Date: 2025-09-10 - 8:49:15 PM GMT - Time Source: server Document emailed to Sherry Sullivan (sherry.sullivan@fairhopeal.gov) for signature 2025-09-10 - 8:49:16 PM GMT Email viewed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) 2025-09-10 - 9:35:57 PM GMT Document e-signed by Sherry Sullivan (sherry.sullivan@fairhopeal.gov) Signature Date: 2025-09-10 - 9:36:19 PM GMT - Time Source: server Agreement completed. 2025-09-10 - 9:36:19 PM GMT Page 177 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1792 FROM: Stephanie Hollinghead, Chief SUBJECT: The Chief of Police, Stephanie Hollinghead, is requesting the purchase of 30 Avive Connect AEDs™ and the related software; and for the City to approve the use of funds from the McKesson Alabama Settlement Agreement for this purchase. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the use of McKesson Alabama Settlement Agreement funds for the purchase of 30 Avive Connect AEDs™ and the related software; and for the approval of the sole source with Avive Solutions, Inc. BACKGROUND INFORMATION: The Chief of Police, Stephanie Hollinghead, is requesting the purchase of 30 Avive Connect AEDs™ and the related software. Avive Solutions, Inc. is the sole and exclusive owner of all patents, trademarks, and intellectual property. The procurement includes the following: • 25 Avive Connects AEDs™ Mobile Responder Package with Avive Connect installed. Includes one pad cartridge installed, one spare pad cartridge, one CPR/AED Rescue Kit, one hard AED carrying case, and one power adapter and cable. Includes one year of access to Avive's REALConnect Services. $1,871.99 each • 5 Avive Connect AED Training Package with Avive Connect installed. Includes one pad cartridge, one CPR/AED Rescue Kit, one semi-rigid AED carrying case, one training cartridge, and one USB power adapter and cable. Includes one year of access to Avive's REALConnect Services. $1,772.99 each • 20 Avive's REALConnect Software Services - 1 year. Includes one year of access to Avive's REALConnect platform. Includes daily AED monitoring and notifications, 911 integration, Incident Data Access, Reporting and AED location tracking, FREE Pad Cartridge replacements, and more. $0 per year • 30 Avive's REALConnect Services - 7 years paid. Includes 7 years of access to Avive's REALConnect platform. Includes daily AED monitoring and notifications, 911 integration, Incident Data Access, Reporting and AED location tracking, FREE Pad Cartridge replacements, and more. $1,043.00 per service. Page 178 of 253 The total cost will be Eighty-Six Thousand Nine Hundred Forty-Five Dollars and Seventy-Two Cents ($86,945.72). The Chief of Police also requests approval of the use of funds from the McKesson Alabama Settlement Agreement. This purchase constitutes a public purchase and the City can further safeguard the safety of its staff and residents for eight-plus years with 30 rechargeable AEDs strategically placed in City buildings and vehicles. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001150- 50435 Police - Small Equipment $0.00 $86,945.72 ($86,945.72) The equipment cost is in the proposed draft FY2026 Budget. Drug Settlement funds (Revenue 001-49092) will cover the cost of the equipment. GRANT: McKesson Alabama Settlement Agreement LEGAL IMPACT: The City Attorney is reviewing the contract terms and conditions. FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: N/A Individual(s) responsible for follow up: N/A Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A Page 179 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope has voted to approve Avive Connect AEDTM and related software systems as sole source with Avive Solutions, Inc.; and authorizes procurement based on the option allowed by the Code of Alabama 1975, Section 41- 16-51(13). The cost for 30 Avive Connect AEDsTM plus software is not-to-exceed $86,945.72. The City of Fairhope also authorizes the use of funds from the McKesson Alabama Settlement Agreement. This purchase constitutes a public purchase and the City can further safeguard the safety of its staff and residents for eight-plus years with 30 rechargeable AEDs strategically placed in City buildings and vehicles. Attest: _____________________________ Lisa A. Hanks, MMC City Clerk Page 180 of 253 Page 1 of 2 Shipping Total:$0.00 Tax:$0.00 First Year Contract Total:$86,954.72 Avive Solutions, Inc 185 Valley Drive Brisbane, California 94005-1340 United States QUOTE for City of Fairhope Quote: SQ-250908-0003767 Valid Through: 10/8/2025 Proposed by: Blake Helms Quote Address Information Bill To: City of Fairhope 161 N Section St Fairhope, Alabama 36532 United States Ship To: City of Fairhope 161 N Section St Fairhope, Alabama 36532 United States City of FairhopeAccount Name: Sheri SwartzContact Buying: Sheri SwartzContact Shipping: Terms and Conditions InvoicePayment Method: Net 30 DaysPayment Terms: FOB OriginDelivery Terms: EmailBilling Method: AEDs and Bundles Product Description SKU Qty List Price Sales Price Amount Avive Connect AED Mobile Responder Package One Avive AED with Avive Connect Installed. Includes one Pad Cartridge installed, one spare Pad Cartridge, one CPR/AED Rescue Kit, one Hard AED Carrying Case, and one Power Adapter and Cable. Includes one year of access to Avive's REALConnect Services. PKG05 25 $2,079.99 $1,871.99 $46,799.77 Avive Connect AED Training Package One Avive AED with Avive Connect Installed. Includes one Pad Cartridge, one CPR/AED Rescue Kit, one Semi-Rigid AED Carrying Case, one Training Cartridge, and one USB Power Adapter and Cable. Includes one year of access to Avive's REALConnect Services. PKG01 5 $1,969.99 $1,772.99 $8,864.95 Software Service Description SKU Qty Term Annual List Price Annual Sales Price Annual Amount Avive's REALConnect Services - 1 year One year of access to Avive's REALConnect platform. Includes daily AED monitoring and notifications, 911 integration, Incident Data Access, Reporting and AED location tracking, FREE Pad Cartridge replacements, and more. SAS01 15 1 Year $199.99 $0.00 $0.00 Avive's REALConnect Services - 1 year One year of access to Avive's REALConnect platform. Includes daily AED monitoring and notifications, 911 integration, Incident Data Access, Reporting and AED location tracking, FREE Pad Cartridge replacements, and more. SAS01 5 1 Year $199.99 $0.00 $0.00 Avive's REALConnect Services - 7 years Paid Seven years of access to Avive's REALConnect platform. Includes daily AED monitoring and notifications, 911 integration, Incident Data Access, Reporting, FREE Pad Cartridge replacements, and more. SAS07P 30 7 Year $1,043.00 $1,043.00 $31,290.00 Page 181 of 253 Page 2 of 2 + The unit price shown above has been rounded to two decimal places for display purposes. Appropriate sales tax will be applied to invoices upon shipment, if applicable. I have read and agree to Avive Solutions Inc.’s General Terms and Conditions of Sale found at If there is a conflict between the applicable terms and conditions and an Order,https://avive.life/terms-of-sale the terms of the Order will control. All rights reserved. Copyright Avive Solutions, Inc Page 182 of 253 ww w . a v i v e . l i f e September 8, 2025 City of Fairhope 161 N Section St Fairhope, AL 36532 To Whom It May Concern: Thank you for your interest in the Avive Connect AED™ and related software systems. In response to your recent request, I’m writing to confirm that Avive Solutions, Inc. is the sole and exclusive owner of all patents, trademarks, and intellectual property, and the sole source provider in your marketplace for: •The Avive Connect AED™ •The REALConnect™ AED management and AED dispatch platform •The Avive AED Pad Cartridge™ and all other Avive Connect AED™ accessories Avive Solutions does not currently authorize any resellers to sell these products or services in your marketplace. We will not fulfill any orders placed by non-authorized businesses seeking to resell our products. If you have any questions, please feel free to contact your local Avive Solutions representative or call (800) 489-4428. Sincerely yours, Mark Peters Vice President of Sales Avive Solutions, Inc. Avive Solutions, Inc. 185 Valley Drive Brisbane, CA 94005 Page 183 of 253 The AED built to be used by anyone, anywhere. ©2025 Avive Solutions, Inc. All rights reserved. The Heart and Arrow Logo, Heart and Arrow Logo AED, Avive, Avive AED, Avive Connect AED, REALConnect, REALConnect Platform, QuickRescue, Intelligent Response, Rapid Incident Reporting, LIFESaver, Avive 4 Minute Community, Incident Data Transfer, AllRescue Technology, EverCharge Battery, are trademarks of Avive Solutions, Inc. Other marks are the property of their respective owners. | Rev. F avive.life | sales@avive.life A reimagined AED takes proven defibrillation technology and expands its benefits to the masses with first-of-its-kind capabilities. 06 Quick Data Retrieval Scan a QR code to access post-use incident data from the Avive Connect AED immediately after powering off. Quickly send the patient’s full incident report to first responders and physicians. 07 Training Mode Swap in the Avive Training Cartridge and seamlessly train on realistic scenarios on the same device you’d use in an emergency. Use Wi-Fi, cellular and GPS to enhance connectivity. No more burdensome, manual, in person checks. Simplify AED maintenance through daily remote monitoring. The only AED with a built-in rechargeable battery. Avoid hundreds of dollars in battery replacement expenses and eliminate hassle to stay ready. Press this button to respond to pediatric patients between 1–8 years old. The same electrode pad set for children and adults. User-friendly design with clear audio and video prompts helps remove intimidation in a time of need. 01 High-Resolution Touchscreen 02 Español Mode 04 Rechargeable Battery 05 Fully Connected 03 Child Mode In-rescue Spanish audio and visual instructions at the press of a button. FEATURE HIGHLIGHTS Avive Connect AED® Page 184 of 253 The Avive advantage. ©2025 Avive Solutions, Inc. All rights reserved. The Heart and Arrow Logo, Heart and Arrow Logo AED, Avive, Avive AED, Avive Connect AED, REALConnect, REALConnect Platform, QuickRescue, Intelligent Response, Rapid Incident Reporting, LIFESaver, Avive 4 Minute Community, Incident Data Transfer, AllRescue Technology, EverCharge Battery, are trademarks of Avive Solutions, Inc. Other marks are the property of their respective owners. | Rev. F avive.life | sales@avive.life Smallest and lightest. Weighing only 2.1 pounds, the Avive Connect AED is the smallest, lightest FDA approved AED available, designed with accessibility, portability, and durability in mind. One set of electrode pads to respond to both children and adults. Simply press the Child Button to respond to children 1-8 years old with Child Mode. Save time during an emergency and reduce ownership costs. User-paced audio and visual instructions. Always feel confident responding. Reduce hesitation and intimidation with clear, visual directions to help guide you through a rescue. Lifesaving AED = training AED. Train on the same lifesaving device you’d use in an emergency – no need for sepa- rate equipment. Simply swap in a training cartridge and practice lifesaving skills. The first and only AED to alert 911. Give 911 the complete picture. Avive’s QuickRescue™ feature automatically contacts 911 when your AED is in use. Providing valuable data to emergency services to support faster response times and informed decision making. The AED that eliminates manual maintenance. Our REALConnect™ software uses Wi-Fi, cellular and GPS to enhance connectivity. No more burdensome, manual, in person checks. Simplify AED maintenance with daily remote monitoring. The Avive Connect AED is designed to be used without any hesitation. From connectivity, affordability, advanced technology to training, Avive created an advanced, easy-to-use device that anyone can use – trained or untrained. Page 185 of 253 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. Avive Click or tap here to enter text. Click or tap here to enter text. 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? AED 2. What is the total cost of the item or service? $86,945.72 for 30 + 8 years of service 3. How many do you need? 30 4. Item or Service Is: ☒ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Avive 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? Click or tap here to enter text. 3. Budget code: Not budgeted but request to use McKesson funds from an opioid settlement case Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 186 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1808 FROM: Pat White, PARKS & RECREATION DIRECTOR SUBJECT: The Director of Parks and Recreation, Pat White, is requesting to procure labor and materials to build an open air pavilion storm shelter at the Fairhope Soccer Complex. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the procurement of labor and materials to build an open air pavilion storm shelter at the Fairhope Soccer Complex from MH McLaughlin, LLC. for a not-to-exceed cost of $45,711.18. BACKGROUND INFORMATION: The Director of Parks and Recreation, Pat White, is requesting approval for the award of the Request for Quotes for Labor and Materials to build an open air pavilion storm shelter at the Fairhope Soccer Complex. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out, but done as a Request for Quotes. A Request for Quotes was sent to three (3) qualified contractors. The lowest quote was from MH McLaughlin, LLC. The Director of Parks and Recreation requests approval to award the Request for Quote to MH McLaughlin, LLC. for the not-to-exceed cost of Forty-Five Thousand Seven Hundred Eleven Dollars and Eighteen Cents ($45,711.18). The Impact Fees Fund will reimburse the General Fund for the cost of the building. See resolution 5205-24. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001250- 50475-210 Recreation - Capital Improv $46,750.00 $45,711.18 $1,038.82 GRANT: N/A Page 187 of 253 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 188 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for Labor and Materials for the Open Air Pavilion Storm Shelter at Fairhope Soccer Complex to M.H. McLaughlin, LLC for a not-to-exceed project cost of $45,711.18. This Public Works project will be less than $100,000.00, and therefore does not need to be formally bid out. DULY ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 189 of 253 RESOLUTION NO. 5205-24 WHEREAS, the City of Fairhope adopted Ordinance No. 1625, An Ordinance repealing and replacing Ordinance No. 1331 to establish Impact Fees on new development in the City of Fairhope on October 13, 2018 in accordance with Act No. 2006-300 enacted by the Legislature of Alabama on April 4, 2006; and WHEREAS, the City desires to use funds for "Police" which is a Benefit Area for (i) the cost recovery of the City's cost and expense related to the construction, development and improvement of its justice center, (ii) the cost recovery of the City's cost and expense related to the construction, development and improvement of its animal shelter, (iii) the acquisition of police vehicles, and (iv) the acquisition of police-related apparatus and equipment, and (v) the police component of the "Impact Fee Study" prepared by TischlerBise; and WHEREAS, the City desires to use funds for "Fire" which is a Benefit Area for (i) the construction, development and/or improvement of fire stations, (ii) the acquisition of fire fighting vehicles, and (iii) the acquisition of firefighting apparatus, and (iv) the fire component of the "Impact Fee Study" prepared by TischlerBise; and WHEREAS, the City desires to use funds for "Transportation" which is a Benefit Area for the cost of intersection improvements made to address additional demand generated by New Development and the transportation component of the "Impact Fee Study" prepared by TischlerBise; and WHEREAS, the City desires to use 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 parkvehicles, and (v) the parks and recreation component of the "Impact Fee Study" prepared by TiscblerBise; andWHEREAS, the following project shall be paid from the Impact Fees Account and have met the criteria stated to be paid from said Account: 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 1,350,000.00 Drainage $51,500.00 FY2025 Resurfacing $198,500.00 New Playground equipment at new $35,000.00 baseball field Volanta Park New playground equipment at Founders $45,000.00 Park Open-air pavilion/storm shelter at $46,750 Fairhope Soccer Complex Shade structures over bleacher seating at $170,000.00 Volanta Park Additional playground 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 $816,750.00 Page 190 of 253 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 authorizes Mayor Sherry Sullivan to expend Impact Fees for the above projects as designated from the Impact Fee Account for services for the "Police", "Fire", "Transportation", and "Parks and Recreation" Benefit Areas. DULY ADOPTED THIS 30TH DAY Corey Martin, Council President Attest: �ti� City Clerk Page 191 of 253 Page 192 of 253 Page 193 of 253 Page 194 of 253 Page 195 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1788 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: The Director of Community Affairs, Paige Crawford, is requesting to procure EMT services for City special events. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: To approve the award of the Request for Quotes for EMT services during City special events to Medstar d/b/a Lifeguard Ambulance Service, LLC. for a not-to exceed cost of $100.00 per hour. The annual cost is expected to be approximately $8,000.00. BACKGROUND INFORMATION: The Director of Community Affairs, Paige Crawford, and the Community Outreach and Communication Specialist for the Fairhope Police Department, Sheri Swartz, are seeking to procure EMT services for City special events. A Request for Quotes was sent to two (2) qualified contractors. The lowest quote was from Medstar d/b/a Lifeguard Ambulance Service, LLC. for a cost of One Hundred Dollars ($100.00) per hour. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget 001240- 50490 Economic Development - Community Events $0.00 estimated $8,000.00 ($8,000.00) Cost included in proposed FY2026 budget. GRANT: N/A LEGAL IMPACT: City Attorney has reviewed the vendor agreement and recommended changes, which Page 196 of 253 are being conveyed to the vendor. 09/10/25 - Vendor agreed to redline changes on agreement. 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 197 of 253 RESOLUTION NO. ________ , as follows: [1] That the City of Fairhope approves the award of the Request for Quotes for EMT services during City special events to Medstar d/b/a Lifeguard Ambulance Service, LLC for a not-to-exceed cost of $100.00 per hour. DULY ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 _______________________________ Jack Burrell, Council President Attest: _______________________________ Lisa A. Hanks, MMC City Clerk Page 198 of 253 Medical Standby Services Agreement This Medical Standby Services Agreement is made and entered into as of the date (“Effective Date”) shown on the signature page by and between Medstar, dba Lifeguard Ambulance Service, LLC, hereafter known as LGA, and (the “Customer”) set out on the signature page of this Agreement. LGA and Customer are sometimes collectively referred to hereafter as the “Parties” and individually a “Party”. Preliminary Statement A. LGA is in the business of providing medical standby and medical transportation services; B. Customer has conducted an analysis of its medical standby and medical transportation needs and has determined that such needs will be best met through a medical standby agreement with LGA. Agreement In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties incorporate the above recitals and agree as follows: 1. Scope of Services. LGA shall be the sole provider of the first aid, basic and advanced life support services, ambulance or related services (the “Services”) with a staff of medical professionals consisting of the mutually- agreed upon deployment (collectively, “Staff”) for the Venue (defined below) as set forth in Exhibit A. The Staff shall provide first aid, emergency care and, when necessary and set forth in Exhibit A, medical transportation or related services, within the scope of their licensure. LGA shall have no obligation to provide or arrange for the delivery of medical care at the Venue in excess of such scope of practice of any Staff set forth in Exhibit A. 2. Location and Dates of Service. The location(s) and date(s) of Services to be provided and name of the event/facility (collectively, “Venue”) shall be set forth on Exhibit A. 3. Term and Termination. 3.1. The initial term of this Agreement shall commence on the Commencement Date set out in Exhibit “A” hereof and end on the Expiration Date. The initial term and all renewal periods that the parties may agree to shall be cumulatively referred to as the “Term”. 3.2. Subject to the penalties set forth in Exhibit A, if applicable, either party may terminate this Agreement at any time, without cause and at its sole discretion, upon thirty (30) days written notice to the other party. In addition to the foregoing: (i) LGA may terminate this Agreement upon a default by the Customer in the payment of monies due and owing to LGA if such breach is not cured within ten (10) days of notice thereof to the Customer; (ii) the Customer may terminate this Agreement upon the failure of LGA to perform the Services in accordance with the terms of this Agreement, if such failure is not cured within five (5) days of notice thereof to LGA; and (iii) the Customer may terminate this Agreement immediately upon notice to LGA following LGA loss or suspension of licensure necessary for the provision of the Services. 4. Service Terms. 4.1. The Services shall be provided in accordance with prevailing industry standards of quality and care applicable to the event management and medical services industry. Page 199 of 253 LGA/ [Customer] Medical Standby Services Agreement Page 2 of 6 4.2. Except for those items, if any, expressly required to be furnished by Customer (as described in Exhibit A), LGA shall furnish or provide all of the materials (including equipment and supplies, inventory, uniforms, and any other equipment) and all other items necessary to perform the Services and to carry out and perform all of LGA's obligations pursuant to this Agreement (the “Materials”). 4.3. LGA shall (i) create a record of each and every person evaluated and/or treated, including information on all on-site activity associated with the patient’s injury or illness, evaluation, treatment and/or referral; (ii) maintain patient confidentiality (unless such confidentiality is waived by the patient in writing); (iii) provide copies of activity reports appropriately redacted to Customer’s designated representative only in compliance all applicable laws and regulations; and (iv) maintain archival copies of service and medical records in accordance with law. 4.4. LGA may subcontract any or all obligations under this Agreement related to the performance of the Services, provided that such subcontractors agree to the material terms of this Agreement. 4.5. Any additional terms related to the Services shall be set forth in Exhibit A. 5. Payment. The Customer will pay LGA the amounts set out in Exhibit “A” for Services set forth therein. Payment shall be due within thirty (30) days of receipt of invoice by Customer. Any payments not timely made shall accrue interest at the rate of twelve percent (12%) per annum. In addition, LGA, to the extent applicable, shall be solely entitled to bill any ill or injured patrons, employees, event performers or other patients (collectively, “Patients”) requiring medical transportation, and any responsible third-party payor, including workers’ compensation carriers, for medical transport that may result from the Services. LGA agrees that the rates to be billed to Patients or third-party payors shall comply with applicable laws. LGA shall be solely entitled to all collections resulting from such billing. 6. Intellectual Property. Each Party is, and shall remain, the owner of all rights it has in all creative and copyrightable material created by it, trademarks, service marks and other intellectual property as they may exist or may hereafter be modified by such Party (each Party’s “Marks”). Each Party acknowledges that it may use the other Party’s Marks in connection with the Venue and Services to be provided hereunder. The use of the other Party’s Marks inures to the benefit of the Party owning such Marks, including any goodwill, and that neither Party will acquire any ownership in the other Party’s Marks as a result of this Agreement. Neither Party shall use the other Party’s Marks or allow any other Party to use the other’s Marks in any manner not specifically granted in connection with this Agreement. All materials using a Party’s Marks must be pre- approved by the Party owning such Marks. LGA may use Customer’s mark on their website as part of an active client list. 7. Relationship. In the performance of this Agreement, each party hereto shall be, as to the other, an independent contractor and neither party shall have the right or authority, express or implied, to bind or otherwise legally obligate the other. Nothing contained in this Agreement shall be construed to constitute either party assuming or undertaking control or direction of the operations, activities or medical care rendered by the other. LGA and Customer administrative staff shall meet on a regular basis to address issues of mutual concern related to the provision of Services and the parties’ respective rights and obligations hereunder. 8. Indemnification. Each party will indemnify and hold the other party harmless from and against liability claims resulting from or alleged to result from any negligence or willful misconduct of the indemnifying party related to the performance of this Agreement. 9. Insurance. LGA represents that it has and will maintain comprehensive automobile insurance, comprehensive Page 200 of 253 LGA/ [Customer] Medical Standby Services Agreement Page 3 of 6 general liability insurance, and professional liability insurance all in minimum amounts that are customary and usual within the emergency medical services industry and workers’ compensation insurance in the statutory required amounts. 10. Force Majeure. LGA shall not be responsible for any delay in or failure of performance resulting from acts of God, riot, war, civil unrest, natural disaster, labor dispute, terrorism, acts of violence or other circumstances not reasonably within its control. For the avoidance of doubt, the Services to be provided by LGA are for personnel, guest and invitees of the Venue in rendering ordinary course first aid and related services. LGA will not be required to provide Services in situations reasonably deemed to be unsafe, following accepted emergency response standards, including, but not limited to, scenes of uncontrolled violence, hazardous materials exposures, structural collapse and uncontrolled fires. In the event that an emergency response situation is deemed to be unsafe, Supplier’s on-site Staff will immediately notify Customer’s Representative, to the extent feasible, of its assessment and recommendations and will contact local emergency services provider(s), as necessary. 11. Notices. Any notice provided pursuant to this Agreement shall be in writing and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) if mailed within the United States, 3 days after deposit in the United States mails, postage prepaid, certified mail return receipt requested, (3) if by overnight or similar third-party courier service, then upon delivery thereof as confirmed by such service, (4) if by e-mail transmission, upon written confirmation by the intended recipient. All notices shall be sent to the addresses set forth on the signature page hereto or such other address as a party may in the future specify in writing to the other party. 12. Confidentiality. All information with respect to the operations and business of a party (including the rates charged hereunder) and any other information considered to be and treated as confidential by that party gained during the negotiation or Term of this Agreement will be held in confidence by the other party and will not be divulged to any unauthorized person without prior written consent of the other party, except for access required by law or regulation. 13. Laws and Regulatory. The parties: (a) will comply in all material respects with all applicable federal, state and local laws and regulations including but not limited to, the federal Anti-kickback statute; (b) represent and warrant that it is not the intent of either party that any remuneration, benefit or privilege provided for under this Agreement shall influence or in any way be based on the referral or recommended referral by either party of patients to the other party or its affiliated providers, if any, or the purchasing, leasing or ordering of any services other than the specific services described in this Agreement and any remuneration set forth in this Agreement is fair market value and negotiated at arm-length; (c) will comply with the provisions under the Health Insurance Portability and Accountability Act of 1996 and its regulations; (d) acknowledge that if it is a cost reporting entity that it has been informed of, and will fully and accurately account for, and report on its applicable cost report, the total value of any discount, rebate or other compensation paid pursuant to this Agreement in a way that complies with all applicable federal, state and local laws and regulations that establish a “Safe Harbor” for discounts; (e) represent and warrant that neither it nor any practitioner who orders or provides services on its behalf has been convicted of any conduct that constitutes grounds for mandatory exclusion under any federal or state law and each party further represents and warrants that it is not ineligible to participate in federal or state health care programs or in any other federal or state government payment program; (f) will make available to the other a copy of its code of conduct, anti-kickback policies and other compliance policies, as may be changed from time-to-time; (g) represents and warrants that neither it nor any of its officers or directors have been convicted of a crime against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; commission of embezzlement, theft, forgery, bribery, falsification or destruction of Page 201 of 253 LGA/ [Customer] Medical Standby Services Agreement Page 4 of 6 records, making false statements, tax evasion, or receiving stolen property; (h) represent and warrant that it and its personnel are and, shall at all times during the term of this Agreement be, properly credentialed, licensed, certified and in good standing in accordance with all applicable federal, state, and local laws and regulations; and (i) will notify the other party immediately but no less than five (5) days of any actual knowledge contrary to the requirements set forth in this section. 14. Miscellaneous. This Agreement: (a) constitutes the entire agreement between the parties with respect to the subject matter, superseding all prior oral or written agreements with respect to the subject matter; (b) may be amended only by written instrument executed by both parties; (c) may not be assigned by either party without the written consent of the other party (except to affiliates, parents or subsidiaries), such consent not to be unreasonably withheld; (d) shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns; (e) shall be interpreted and enforced in accordance with the laws of the state where the services are rendered, without regard to the conflict of laws provisions thereof, and the federal laws of the United States applicable therein; (f) this Agreement may be executed in several counterparts (including by DocuSign or other electronic means), each of which shall constitute an original and all of which, when taken together, shall constitute one agreement; (g) this Agreement shall not be effective until executed by both Parties; (h) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable; and (i) except as otherwise provided herein, no waiver of any of the provisions of this Agreement shall be valid or effective unless in writing and signed by the Parties hereto; and no waiver of any breach or condition of this Agreement shall be deemed to be a continuing waiver or a waiver of any other breach or condition. The Parties represent and warrant that they have not relied upon any prior or contemporaneous writings, negotiations, proposals, agreements, communications, discussions or representations. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BETWEEN THE PARTIES AND ARISING UNDER THIS AGREEMENT. <<Signature Page Follows>> Page 202 of 253 LGA/ [Customer] Medical Standby Services Agreement Page 5 of 6 By signing below, each party acknowledges that the undersigned has carefully read and fully understands this Agreement, and each Party agrees to be bound by the terms of this Agreement. City of Fairhope Lifeguard Ambulance Service, LLC Name: Paige Crawford Title: Director of Community Affairs Name: Joshua Spencer Title: Regional Director E-mail: Sheri.Swartz@fairhopeal.gov Date: E-mail: Joshua.Spencer@gmr.net Date: Click or tap here to enter text. With Notices to: c/o Law Department Lewisville, TX 75056 Page 203 of 253 LGA/ [Customer] Medical Standby Services Agreement Page 6 of 6 EXHIBIT A SERVICES AND RELATED TERMS Scope of Services and Staff to be provided: (check all that that are applicable and complete terms, if applicable.) _X_ Advanced Life Support” or “ALS” ambulance and crew(s) ___ Basic Life Support Service” or “BLS” ambulance and crew(s) ___ Paramedic(s) minimum 3 hours ___ EMT(s) minimum 3 hours ___ ALS QRV Location(s): and Bancroft Dates(s) of Services: Commencement Date: Expiration Date: Rates: $100.00 Payment Terms: Name of event(s) (if applicable): Lighting of the Trees, Christmas Parade, New Years Eve, MMOR and KOER parade, MOJ Parade, OOMM Parade, Arts and Crafts Festival, and 4th Items to be furnished by Customer (if any) [access to Staff] [parking] Other terms (if any): Page 204 of 253 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. Lifeguard / Medstar Newman’s Medical Services, Inc. Click or tap here to enter text. 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? EMT service during city’s special events 2. What is the total cost of the item or service? $100 per hour (regular is $187.50) estimated $8,000 per year 3. How many do you need? Approximately 80 hours per year 4. Item or Service Is: ☐ New ☐ Used ☐ Replacement ☐ Annual Request 5. Vendor Name (Lowest Quote): Lifeguard/Medstar 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? Click or tap here to enter text. 3. Budget code: Click or tap here to enter text. Email completed form with quotes and other supporting documentation to Erin.Wolfe@FairhopeAL.gov and Rhonda.Cunningham@FairhopeAL.gov. Page 205 of 253 Page 206 of 253 Page 207 of 253 Page 208 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1790 FROM: Sherry Sullivan, Mayor SUBJECT: A Resolution in Support of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That The City of Fairhope adopts a Resolution in Support of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. BACKGROUND INFORMATION: WHEREAS, Thomas Hospital provides comprehensive, award-winning healthcare services, and is the primary choice for Baldwin County residents; and WHEREAS, in 2004, Thomas Hospital and its dedicated team of healthcare professionals provided over 3,000 catheterization lab procedures; and continues to meet the medical needs of the fastest growing County in the State; and WHEREAS, the overall population growth, especially seniors age 65 and older, in Baldwin County continues to lead the State. A primary driver of this growth is access to healthcare and the result is a need to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab; and WHEREAS, the City of Fairhope proclaims its support on this 22nd day of September of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: Page 209 of 253 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 210 of 253 RESOLUTION NO. _____ , Thomas Hospital provides comprehensive, award-winning healthcare services, and is the primary choice for Baldwin County residents; and , in 2004, Thomas Hospital and its dedicated team of healthcare professionals provided over 3,000 catheterization lab procedures; and continues to meet the medical needs of the fastest growing County in the State; and , the overall population growth, especially seniors age 65 and older, in Baldwin County continues to lead the State. A primary driver of this growth is access to healthcare and the result is a need to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab; and , the City of Fairhope proclaims its support on this 22nd day of September of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. , that The City of Fairhope adopts a Resolution in Support of Thomas Hospital’s request to the Certificate of Need Review Board to relocate its cardiovascular program into the new facility on the hospital campus and add another catheterization lab. ADOPTED ON THIS 22ND DAY OF SEPTEMBER 2025 ______________________________ Jack Burrell, Council President Attest: ______________________________ Lisa A. Hanks, MMC City Clerk Page 211 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1797 FROM: Jack Burrell, Council President SUBJECT: Pre-Application for FY2026 Airport Improvement Program and Airport Infrastructure Grant Projects for H.L. “Sonny” Callahan Airport (KCQF). AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: That the City Council authorizes the submission of Pre-Application for FY2026 Airport Improvement Program and Airport Infrastructure Grant Projects for H.L. “Sonny” Callahan Airport (KCQF). BACKGROUND INFORMATION: Pre-application for Federal assistance (FAA) and State assistance (ALDOT) for FY2026 projects at H.L. “Sonny” Callahan Airport, to include the following: 1. Replace Taxiway Lighting System & Guidance Signs – Reimbursement Ph 1 (AIG); 2. Replace AWOS (AIP); 3. Construct East Side Access Road Extension – Phase 1 (AIP & AIG) 4. Construct Access Taxiway – Southwest Side (AIP) BUDGET IMPACT/FUNDING SOURCE: Account No. Account Title Current Budget Cost Available Budget $___ $___ ($____) GRANT: LEGAL IMPACT: Page 212 of 253 FOLLOW UP IMPLEMENTATION: For time-sensitive follow up, select deadline date for follow up: Individual(s) responsible for follow up: Action required (list contact persons/addresses if documents are to be mailed or emailed): Page 213 of 253 RESOLUTION NO. WHEREAS, the City of Fairhope, Alabama, as the designated Sponsor for H. L. “Sonny” Callahan Airport (KCQF) (“the Airport”) intends to apply for Federal and State matching funds for Airport Improvement Program (AIP), Airport Infrastructure Grant (AIG), and ALDOT grants during fiscal year 2026; and WHEREAS, the overall scope of the AIP, AIG, and ALDOT grants is expected to include reimbursement (phase 1) of the replacement of taxiway lighting and guidance signage project initially funded in FY25, replacement of the AWOS, construction of an east side access road extension (Phase 1) and construction of an access taxiway on the southwest side all at H.L. “Sonny” Callahan Airport (KCQF); and WHEREAS, the submittal of the pre-application is necessary and required in order to pursue the grants, if awarded.; and THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairhope, Alabama as follows: 1. That the City of Fairhope is authorized to make pre-application for Federal assistance (FAA) and State assistance (ALDOT) for FY2026 projects at H.L. “Sonny” Callahan Airport, to include the following: a. Replace Taxiway Lighting System & Guidance Signs – Reimbursement Ph 1 (AIG); b. Replace AWOS (AIP); c. Construct East Side Access Road Extension – Phase 1 (AIP & AIG) d. Construct Access Taxiway – Southwest Side (AIP) 2. That the application be submitted for and on behalf of the City of Fairhope by its Mayor, as designated by the City Council, who is authorized by this Resolution to sign the application and any related forms or documents on behalf of the City of Fairhope. 3. That the final grant agreement, if AIP, AIG, and/or ALDOT funds are awarded based on the pre-application, shall remain subject to the approval of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Fairhope on this 22nd day of September, 2025. ________________________________ Jack Burrell, Council President City of Fairhope, Alabama ATTEST: ____________________________ Lisa A. Hanks, MMC City Clerk Page 214 of 253 AIRPORT:H.L. "Sonny" Callahan Airport PREPARED FOR: ADDRESS:161 North Section Street Fairhope, AL 36532 COUNTY:Baldwin CONTACT:Don Ward, Chairman BY: PHONE:251.648.2142 Volkert, Inc. EMAIL:donward92@gmail.com FISCAL YEAR PROJECT DESCRIPTION (BY PRIORITY ORDER) FEDERAL FUNDS (AIP) FEDERAL FUNDS (AIG)STATE FUNDS LOCAL FUNDS PROJECT TOTAL Replace Taxiway Lighting System & Guidance Signs - Reimbursement Ph I (AIG)N/A $159,176.00 $4,189.00 $4,189.00 $167,553.18 * Replace AWOS (ALDOT 50/50)N/A N/A $152,000.00 $152,000.00 $304,000.00 Construct East-West Access Road (East Terminal Area) - Phase I (AIP/AIG)$529,974.00 Construct East-West Access Road (East Terminal Area) - Phase I (AIP)$367,652.00 N/A $9,675.00 $9,675.00 $387,002.00 Construct East-West Access Road (East Terminal Area) - Phase I (AIG)N/A $135,824.00 $3,574.00 $3,574.00 $142,972.00 ** Construct Access Taxiway (AIP)$501,197.00 N/A $13,189.00 $13,189.00 $527,576.00 2027 Rehabilitate Taxiway A (AIP Discretionary)$1,871,025.00 N/A $49,238.00 $49,238.00 $1,969,500.00 2028 Construct East-West Access Road (East Terminal Area) - Phase II (AIP)$503,475.00 N/A $13,249.00 $13,249.00 $529,974.00 2029 Construct Fuel Farm (East Terminal Area) (AIP)$471,078.00 N/A $12,397.00 $12,397.00 $495,872.00 2030 East Terminal Area Expansion (AIP)$2,271,659.00 N/A $59,781.00 $59,781.00 $2,391,220.00 2031 Extend Taxiway C (AIP)$6,607,715.00 N/A $173,887.00 $173,887.00 $6,955,489.60 *Balance Remaining **AIG funds are those remaining after reimbursement for TWY Lighting & Signs Alabama Department of Transportation Aeronautics Bureau 2026 - 2030 AIRPORT CAPITAL IMPROVEMENT PLAN FISCAL YEARS 2026 CAPITAL IMPROVEMENT PLAN At H.L. “SONNY’ CALLAHAN AIRPORT, FAIRHOPE, ALABAMA for the FAIRHOPE AIRPORT AUTHORITY I-1 Page 215 of 253 Page 216 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1787 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: Request - Darnelle Wolf (Baldwin County Humane Society), requesting permission to close streets in downtown Fairhope on Thursday, October 30, 2025, from 5:00 p.m. to 7:00 p.m. for the Fairhope Witches Ride 2025. The ride will begin at Coastal Alabama Community College Amphitheater. This whimsical bike ride benefits AGENDA DATE: RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: Fairhope Witches Ridge Application for Use of the City of Fairhope Sidewalks and/or Streets. 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 Page 217 of 253 City of Fairhope Approval Special Event Request Date complete application submitted to Rental Facilities Department Event: ______________________________________________________________________________ Person Requesting: ___________________________________________________________________ Date of Event: _______________________________________________________________________ Location: ___________________________________________________________________________ $ ___________ Approval/Disapproval supporting documentation attached. Approval: ______________________________________ Date: _______________ Approx. security cost Police Chief/Designee ______________________________________ Date: _______________ Approx. cost city services $____________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Disapproval: _______________________________________ Date: ______________ Police Chief _______________________________________ Date: ______________ Director of Public Works/Designee _______________________________________ Date: ______________ Director of Community Events Route back to rental facilities department for application package finalization NOTES: _______________________________________________________________________________________ _____________________________________________________________________________________________ Rev. 01/20 MS/CM Stephanie Hollinghead (Sep 4, 2025 15:15:09 CDT) Stephanie Hollinghead Fairhope Witches Ride Baldwin County Humane Society (Darnelle Wolf) 10/30/25 CBD (See attached map) 09/04/2025 2,025.00 09 04 2025 George Ladd (Sep 5, 2025 07:17:29 CDT) 9/5/2025 16,000.00 Paige Crawford (Sep 5, 2025 08:10:49 CDT) Paige Crawford 9/5/25 Page 218 of 253 Page 219 of 253 Page 220 of 253 Page 221 of 253 Page 222 of 253 Page 223 of 253 Page 224 of 253 Page 225 of 253 Page 226 of 253 Page 227 of 253 Page 228 of 253 Page 229 of 253 Page 230 of 253 Page 231 of 253 Page 232 of 253 Signature: Email: Signature: Email: George Ladd (Sep 5, 2025 07:17:29 CDT) george.ladd@fairhopeal.gov Paige Crawford (Sep 5, 2025 08:10:49 CDT) Paige Crawford paige.crawford@fairhopeal.gov Page 233 of 253 Witches Ride 2025 Package Final Audit Report 2025-09-05 Created:2025-09-04 By:Nick Martin (nicholas.martin@fairhopeal.gov) Status:Signed Transaction ID:CBJCHBCAABAAW06rebn2KWNR-1cw5TU9RpNE_qD4NSvW "Witches Ride 2025 Package" History Document created by Nick Martin (nicholas.martin@fairhopeal.gov) 2025-09-04 - 7:46:57 PM GMT Document emailed to stephanie.hollinghead@fairhopeal.gov for signature 2025-09-04 - 7:49:54 PM GMT Email viewed by stephanie.hollinghead@fairhopeal.gov 2025-09-04 - 8:09:55 PM GMT Signer stephanie.hollinghead@fairhopeal.gov entered name at signing as Stephanie Hollinghead 2025-09-04 - 8:15:07 PM GMT Document e-signed by Stephanie Hollinghead (stephanie.hollinghead@fairhopeal.gov) Signature Date: 2025-09-04 - 8:15:09 PM GMT - Time Source: server Document emailed to George Ladd (george.ladd@fairhopeal.gov) for signature 2025-09-04 - 8:15:14 PM GMT Email viewed by George Ladd (george.ladd@fairhopeal.gov) 2025-09-04 - 9:08:43 PM GMT Document e-signed by George Ladd (george.ladd@fairhopeal.gov) Signature Date: 2025-09-05 - 12:17:29 PM GMT - Time Source: server Document emailed to paige.crawford@fairhopeal.gov for signature 2025-09-05 - 12:17:34 PM GMT Email viewed by paige.crawford@fairhopeal.gov 2025-09-05 - 1:08:30 PM GMT Signer paige.crawford@fairhopeal.gov entered name at signing as Paige Crawford 2025-09-05 - 1:10:47 PM GMT Page 234 of 253 Document e-signed by Paige Crawford (paige.crawford@fairhopeal.gov) Signature Date: 2025-09-05 - 1:10:49 PM GMT - Time Source: server Agreement completed. 2025-09-05 - 1:10:49 PM GMT Page 235 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1800 FROM: Paige Crawford, DIRECTOR OF COMMUNITY AFFAIRS SUBJECT: Friends of the Halstead, Inc. Street Closure on School Street between Morphy Avenue and Fairhope Avenue for Live at Five for Concert at Halstead Amphitheater for bus and truck parking on October 24, 2025. AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: City Council Approval. BACKGROUND INFORMATION: Application for Use of the City of Fairhope Sidewalks and/or Streets. 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 236 of 253 City of Fairhope Approval Special Event Request 09 Q9 20~5 Date complete application submitted to Rental Facilities Department Live@5 Event: _____________________________ _ . Chesley Allegri Person Requesting: ________________________ _ Date of Event : l0/24125 --------------------------- L . CBD (See attached map) ocatIon: ___________________________ _ LJ Approval/Disapproval supporting documentation attached. Approval: .SteJJhaMie HoU1ftqhead 09/09 /2025 1-=~·•=ph,;;;;.;nt =H•....;'"R~'·•=d l=S•p'-'-'9 '=""=ll=ll =''s-c=or _______ Date:------Approx. security cost Police Chief/Designee $ 0.00 L_-1 9/5/2025 750.00 -~__.,__La_dd~(s~ep_9~, 20_2S_ll_:s_1:_1s _co_r ______ Date : ______ Approx. cost city services $ ____ _ Director of Public Works/Designee ~,f'=••~~-•:=.,.~e:=.t:r~'·'=/@~••~±.,_.,~:[or_rJ ________ Date : ____ _ Director of Community Events Disapproval: _______________ Date: ____ _ Police Chief _______________ Date : ____ _ Director of Public Works/Designee _______________ Date: ____ _ Director of Community Events □ Route back to rental facilities department for application package finalization Awaiting Payment and COLI NOTES: ________________________________ _ Rev. 01/20 MS/CM Page 237 of 253 Page 238 of 253 Page 239 of 253 Page 240 of 253 Page 241 of 253 Page 242 of 253 Page 243 of 253 Page 244 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1796 FROM: SUBJECT:Appointment/ReAppointment Fairhope Historic Preservation Commission AGENDA DATE: September 22, 2025 RECOMMENDED ACTION: City Council Approval BACKGROUND INFORMATION: Alan Samry – Appointment – 3 Year Term, Expiring, September 2028 Ginger Golson – ReAppointment – 3 Year Term, Expiring, September 2028 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 245 of 253 3-Year Term APPOINTMENT Alan Samry The term shall end September 2028. REAPPOINTMENT Ginger Golson The term shall end September 2028. Page 246 of 253 APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITTEE City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City Council to make appointments based on the needs of the City as well as the interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants must be qualified electors and taxpayers in the City, excluding the Planning Commission. All applications filed with the City Clerk will be public record. First Name: Alan Last Name: Samry Mobile Phone Number 2512333648 Phone Number: E-mail:* alansamry@gmail.com Home Address * Street Address 240 Mershon St. Address Line 2 City Fairhope State/Province/Region AL Postal/Zip Code 36532 Country United States Business Address Street Address 240 Mershon St. Address Line 2 City Fairhope State/Province/Region AL Postal/Zip Code 36532 Country United States Name of Board or Committee:* Historic Preservation Committee Education Background * See Resume Professional Licenses and/or Associations * See Resume Page 247 of 253 Professional Experience * Fairhope Courier Journalist, 2005-2006 Former director of the Fairhope Museum of History. 2019 Fairhope Public Librarian from 2007-2019 Coastal Alabama Community College, Part-Time Fairhope Campus Librarian I've written books and spoken dozens of times about Fairhope's unique history and culture. Co-wrote, compiled, and designed the FSTC Historic Buildings Brochure and Map. Civic Interests and/or Service Memberships * Fairhope Single Tax Corporation, Director, Place 5 Fairhope Sunset Rotarian Friend of the Fairhope Museum Baldwin County Historical Society Member Friends of the Fairhope Public Library Member How do your qualifications best serve the needs of the community?* I have conducted my own historic building surveys for my "Clay City Tile" book. I've written about historic structures in Fairhope and throughout Baldwin County. I like to tell the history of the building through the people who lived in it or who are living in it. I also currently serve on the Baldwin County Historic Preservation Commission. I have a passion for learning and sharing our unique history. Resume You may attach a resume with this application. [PDF Only} Samry Resume 2025.pdf 175.25KB Signature Page 248 of 253 ALAN L. S AMRY 251.233.3648/alansamry@gmail.com 240 Mershon St. Fairhope, AL 36532 E X P E R I E N C E COASTAL ALABAMA COMMUNITY COLLEGE Fairhope, AL 2017 - Present PART-TIME LIBRARIAN-LEARNING RESOURCE CENTER • Create course guides, design and teach library orientations to students in Eng. Comp. II, American Lit. I, and World Lit. I classes. • Teach tutorials for Canvas, Calico, Koha, AVL and other databases. • Provide faculty, staff, and students with instruction in the discovery and use of electronic resources for scholarly paper research. • Distance Education Certificate-2020 FAIRHOPE MUSEUM OF HISTORY FAIRHOPE, AL 2019 DIRECTOR • Managed and participated in all museum roles, functions and activities, including special events, tours, programming outreach, and cataloging items into the collection. FAIRHOPE PUBLIC LIBRARY FAIRHOPE, AL 2007-2019 REFERENCE LIBRARIAN • Assisted patrons and students with informational resources, ranging from books, computers, to the internet for locating sources. • Taught classes, small groups and gave one-on-one instruction for patrons with catalog searches, printing, and placing holds. • Set up Giddens Conference Center and Board Room computers and AV for library programs, guest authors, City of Fairhope, and community events. • Assisted patrons and staff with TLC, Overdrive/Camelianet/Libby, RBDigital, Mango, Alabama Virtual Library, Homework Alabama, Learning Express, Ancestry, Heritage Quest, Universal, and other open access databases. • Wrote all press releases and promotional material for adult services. • Considered the go-to staff person for English, local history and writing resources. GULF COAST NEWSPAPERS Fairhope, AL 2005 - 2006 JOURNALIST • Covered meetings and authored articles on government and criminal beat for the Fairhope Courier. • Wrote features and a twice monthly column: Alan’s Angle. Received Mobile Bay Press Club Award for News Reporting. ENTERPRISE PUBLICATIONS Falmouth, MA 2000 -2005 JOURNALIST • Wrote weekly news, features, and editorials for the Mashpee Enterprise. • Developed and wrote weekly series on military commanders for all four group newspapers. Page 249 of 253 KAPPY’S LIQUORS Falmouth, MA 1990 – 2000 ASSISTANT STORE MANAGER/WINE BUYER • Supervised a staff of more than 35 employees for a family-owned store with multi-million-dollar annual sales. • Involved in all retail management duties including hiring, training, and, when necessary, terminating employees. E D U C A T I O N UNIVERSITY OF ALABAMA Tuscaloosa, AL 2017 MASTER OF LIBRARY AND INFORMATION STUDIES, SUMMA CUM LAUDE • Courses in Curating Digital Culture, Instructional Resources: Humanities Resources, Traditional and Digital Storytelling • Adult Programs and Outreach to Diverse Populations coursework strengthened my current role in librarianship SPALDING UNIVERSITY Louisville, KY 2012 MASTER OF FINE ARTS-WRITING • Creative Thesis: “A Leg to Stand On: A Collection of Essays” • Critical Essay: “One-Legged Consciousness” • Lecture: “From Second Grade to an MFA: How to use Literary Forms UNIVERSITY OF SOUTH ALABAMA Mobile, AL 2009 BACHELOR OF ARTS-INTERDISCIPLINARY STUDIES, SUMMA CUM LAUDE • Concentrations : English, Communication, History, and Art History • Senior Honors Thesis : ‘Stumps, Peg Legs, and Prosthetics : A Collection of Essays about People with Leg Loss in America’ • Architectural Studies Paper : ‘Clay City Tile’ CAPE COD COMMUNITY COLLEGE West Barnstable, MA 1990 ASSOCIATE OF ARTS-LIBERAL STUDIES • Concentration : English and Journalism • Reporter and editor for The Main Sheet, the college newspaper Publications, Professional & Community Affiliations • Mobile Bay Magazine, Contributing Writer. • Fairhope, Past and Present Series. Co-authored with Gabriel Gold- Vukson. Charleston, SC: Arcadia Publishing, 2023. • Mapping Fairhope: Legends, Locals, and Landmarks, Fairhope, 2022. • Clay City Tile: Frank Brown and the Company that Built Fairhope, Stump the Presses, 2020. • Architectural Studies, Montgomery Hill Baptist Church and Bayside Academy. Fairhope: Stump the Presses, 2020. • The Cape Cod House: An Architectural Study. Fairhope: Stump the Presses, 2020. • Stump the Librarian: A Writer’s Book of Legs, Intellect Pub., 2018. • Pensters Writing Group, President 2022-2024, VP, 2018-2022. • Alabama Writers Forum, member and book reviewer. • Alabama State Poetry Society, member and 2024 contest winner for “Nauset Beach, and Last Call.” • Baldwin County Historic Development Commission, member. • Fairhope Single Tax Corporation member and Education Committee. • Fairhope Sunset Rotarian, Paul Harris Fellow. Page 250 of 253 APPLICATION FOR APPOINTMENT TO A CITY BOARD OR COMMITTEE City Council seeks to have diversity in making appointment to boards and committees. It is the policy of the City Council to make appointments based on the needs of the City as well as the interests and qualifications of each applicant. In accordance with the Code of Alabama, all applicants must be qualified electors and taxpayers in the City, excluding the Planning Commission. All applications filed with the City Clerk will be public record. First Name: Ginger Last Name: Golson Mobile Phone Number 251-348-2796 Phone Number: E-mail:* glgolson@msn.com Home Address * Street Address 22751 Main Street Address Line 2 City Fairhope State/Province/Region Alabama Postal/Zip Code 36532-7085 Country United States Business Address Street Address Address Line 2 City State/Province/Region Postal/Zip Code Country Name of Board or Committee:* Historic Preservation Committee Education Background * JD Univ of AL BS Auburn University Professional Licenses and/or Associations * Professional teaching certificate/National Board certificate Social Studies 6-12 Member of AL and FL Bar Associations Page 251 of 253 Professional Experience * 20+ years teaching IB/AP social studies, currently IB History teacher at Fairhope HS Civic Interests and/or Service Memberships * I am currently on the board and would like to be reappointed. I am enjoying my service to the community. How do your qualifications best serve the needs of the community?* As a current member I have been a part of the conversations of the board for the past year. If I am reappointed I can continue to work with the committee to bring about policies like the demolition order currently before the city. Resume You may attach a resume with this application. [PDF Only} Signature Page 252 of 253 CITY OF FAIRHOPE AGENDA MEMORANDUM Item ID: 2025-1809 FROM: Sherry Sullivan, Mayor Marcus McDowell, City Attorney SUBJECT: To discuss pending and potential litigation. AGENDA DATE: September 22, 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 253 of 253